Private security management has been associated with the provision of security services in various fields. This involves the agreement on a contract basis between a private security firm and individuals, organizations and groups to offer security services to them. In the contract, terms are set upon the tasks the private security company should be performing. In undertaking these activities in relation to the contract, many legal issues may that need to be addressed by the involved private security company (Dempsey, 2007). In the recent cases, the liability exposure of private security companies has increased enormously. There have been several reasons as to why a high rate of malpractice litigation is currently being labeled against the management of private security.
First, security needs have been enormously on the increase making the police not capable of meeting all of them. This has consequently led to the rapid growth of private security management industry. There is the need to have a cost effective security provisions for businesses, groups, individuals and even the government. This has led to the enormous increase in private security services. The matter has seen more and more probabilities of legal problems as it concerns the provisions of security by the private companies. Secondly, more and more people currently turn to litigation compared to earlier days (Pastor, 2006).United States has more people turning in to suing more frequently hence an increase in legal issues with regards to private security management. Thirdly, any kind of security operations has the tendency to attract lawsuits. For instance, a failure by security to provide safety to employees at work places will be solely blamed if employees get hurt and there are injuries to a certain party. Similarly such natural blame will also occur in the event that thieves make entrance into a business premise and the security fail to prevent this through the alarm relied on by the business. Fourth, private security should now employ professionals and stop the use of semiskilled labor. Litigation grows to a larger extent when private security companies hire untrained security officers, convicted individuals who are subjected to minimum wage and little supervision.
Many customers will often pass the blame on to these private security employees whenever something wrong happens. All the above reasons have contributed largely to the emergence of legal issues as it concerns the provisions of services by the private firms. These legal problems may arise from the customers themselves the services are being offered. Breach of contract issues may arise form those contracting for the services such as individuals or entities (Maxwell, 1992). There may be also the aspect of negligence where those protected may bring forth legal issues as for the failure of the security provider to accomplish certain responsibilities. In another case, third parties may also bring about legal problems. This is potentially possible when persons are affected as a result of the actions undertaken by the private security provider. This has been an issue with the congress and they are working on policies that will ensure that private security contractors deployed overseas are held accountable.
There has been a high reliance on private security providers by the U.S military to carryout military operations overseas. This requires then the need to regulate them and govern them in regard to their conduct. This will ensure that high accountability standards are met and there is controlled oversight from the government upon these private security contractors (Maxwell, 1992). To prevent legal problems the congress is developing a regulatory framework that will ensure use of private security services does not attract more legal issues. In this comprehensive framework, issues of vetting, hiring as well as training employees for these companies will be clearly outlined. Legal problems may as well arise from the normal business activity. There are potential legal issues that may be faced by private security firm in relation to the running of the business. A private security management company may face legal issues as it concerns issues of tax, government regulatory measures and financing issues.
The hiring and training of private security management employees therefore is faced with numerous legal challenges. The hiring process should be carried in a manner to ensure that the best qualified person is employed so as to be able to carry out specific duties assigned. Private security employees should be persons of high integrity, have no criminal charges and of high accountable standards (Pastor, 2006). Private security firms are held accountable when things happen as a result of their personnel’s failure hence attracting legal procedures. Employees hired to these private firms should be trained in line with specific duties and responsibilities they should be undertaking. If loses, costs are incurred because private security employees failed to prevent, the firm will be sued in a court of law for neglect hiring. A necessary training should be designed specifically to meet certain requirements that may be unique.
There should be minimum training standards set so as to attain high performance standards at site areas and avoid many lawsuits that may be leveled against the company. Reports on individual jurisdictions should be thoroughly obtained and an appropriate investigation be conducted (Dempsey, 2007). Through all this, hired employees will be responsible, work within constitutional powers, not violate human rights and not abuse their positions. In addition, prospective litigations, lawsuits, legal allegations and retention claims will be minimal. When private security personnel don’t perform their duties, abuse authority and powers given onto them or they perform duties and responsibilities negligently, there exists the possibility of civil liability against them. A wide range of legal claims leading to investigations have been brought against them hence the hiring and training becomes a crucial process.
Negligent hiring and failure to train have increased liability for private security companies. Failure by these firms to identify reasonable care could lead to employing personnel of questionable character and conduct. Such employees present undue risk and potentially can harm others when undertaking their job responsibilities. Many cases have involved various crimes committed by private security officers against the people initially supposed to give protection (Pastor, 2006). Firms may be sued for negligent hiring hence security managers should ensure any hired employee is qualified, their information is verified. In order to reduce the liability, necessary steps should be followed when hiring and training. If reasonable care is attained, the employer will have confidence with his/her employees and the company’s reputation will not be damaged. In many cases, lawsuits brought up as a result of negligence have proved to be very costly. The legal expenses incurred by the company are too much because often plaintiffs with such cases get hefty rewards from juries.
Negligence suits, damages, criminal acts are on the increase and employers should be…