The Legal Side of Private Security: Working through the Maze

By Leo F. Hannon | Go to book overview

7
Liability for Assaults

In chapter 2, while discussing the cross section of laws that pertain to private security, some attention was given to injuries caused by owners or users of property or caused by the criminal activity of third parties. It is the intent of this chapter to expand on that discussion and provide a better understanding of these aspects of the law, particularly as they apply to assaults. Attention will be focused on three areas: assaults on employees, assaults by employees or by the owner's agent, and assaults by strangers, visitors, or customers. Consideration will be given to the duty owed by the owner-occupier in each situation and how that duty is violated. Finally, some thought will be given to the legal parameters of the use of force in managing assault incidents.


ASSAULTS ON EMPLOYEES

Role of Workers' Compensation

Simply put, injuries to employees are covered by state workers' compensation laws. Of course, the problem with making such a general statement is that there are many exceptions. For example, seamen are covered under the Jones Act, railroad workers under the Federal Employer's Liability Act, and longshoremen under the Longshoremen's Act. But since the bulk of legal exposure is to the various state laws, they will be the focus of these comments.

To get a feel for how workers' compensation functions, it is necessary to understand its fundamental purpose and contrast it with torts. Workers' compensation is socially driven. Unlike torts, its intent is not to right a

-139-

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The Legal Side of Private Security: Working through the Maze
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Introduction xi
  • 1 - Private Security and Law Enforcement 1
  • Notes 15
  • 2 - A View of the Maze of Laws That Impact Private Security 17
  • Notes 34
  • 3 - Security-Related Matters in Collective Bargaining 37
  • Notes 54
  • 4 - Labor-Related Demonstrations, Picketing, and Handbilling 57
  • Notes 79
  • 5 - Arbitration 81
  • Notes 102
  • 6 - The Employment World Outside of the National Labor Relations Act and Arbitration 105
  • 7 - Liability for Assaults 139
  • 8 - Individual Rights of Non-Employees and Protection of Property and Business Interests 161
  • Notes 184
  • 9 - Protecting Intangible Property 187
  • Notes 209
  • 10 - The Special Nature of Some Security Functions 213
  • Notes 223
  • Conclusion 225
  • Bibliography 229
  • Index 231
  • About the Author 237
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