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'Vicarious' means 'acting or done for another' - 'Liability' means 'under legal obligation'
The principle of vicarious liability makes one person to blame for the careless acts of another. Vicarious Liability occurs when an employer is responsible for the actions of their employee because the employee is acting within the instructions of their employment. If a negligence claim arises, the employer is vicariously liable for that action and the employee is not. This is why Public Liability Insurance is an important factor when it comes to the Security Industry. Workplace Negligence and the Issue of Vicarious LiabilityThe issue of vicarious liability is part of the reason why it is so important for security officers to know and follow the instructions of their employers. It is the reason that some well-known security companies take care in the way in which they train and instruct their security guards and crowd controllers. Security Officers protect themselves from being personally liable for damages by following the instructions of their security company employers. It is vital that a Standing Operating Procedure manual be available for each post you work in. A Standing Operating Procedure (SOP) manual describes a timetable of events on your shift as well as actions for handling any incidents. Many security guards and crowd controllers proceed to a job with only the barest of instructions. These instructions are mostly verbal instructions. When an incident occurs, we all think we know how to handle it. If your SOP describes a remedy and you follow it then any liability for damages or injury is your employer's responsibility. Your employer must defend the case in court. If your security company is careless in the way they trained you to handle this incident then they are liable for any costs for the damage or injury. This is why most security companies have Public Liability Insurance to cover the costs of fighting a court case. If the security company is found guilty of negligence, then the Public Liability Insurance company compensates the victim. Public Liability InsuranceSome security businesses do not have Public Liability Insurance because it is an extra cost of the business. Where profit margins are vital, contactors avoid this cost. If a business is incorporated, that is they are a Proprietary Limited (Pty Ltd or P/L after their name) company, this means that the security company's liabilities are limited to the shareholders funds. In the case of most security businesses, this is very small amount. They work on the assumption that the company, if found negligent in a civil case, can only loose the value of the assets of the company. None of the directors of the company is personably liable for the costs. That means that the court cannot order the directors to make good the costs from their personal assets i.e. house, car, boat or shares. An incident occurs and there is damage to property and/or personal injury and you are responsible through your action or no action. Are you personally to blame and therefore liable for any damages? If you followed your employer's instructions laid down in writing in SOPs then the security company is liable. If he told you in words what the procedures were, then he can refute what you said he said. This will give the lawyers acting on behalf of the injured party to go after you for compensation. This is because you operated outside the employer's instruction. This means if you are liable for the cost of damages, your property will be sold up to provide payment to the injured party. Do you work as a crowd controller? Does your employer provide crowd controllers for duties at licensed premises? There is a chance your employer does not have Public Liability Insurance. It is hard to find any Public Liability insurer willing to cover the employer in this position. Other crowd control venues such as concerts and shows are covered. Make sure your restraint techniques are legal, you have excellent anger control and do not have any property registered in your name. Public Liability Insurers: DMA Insurance Brokers Winsure Insurance Group Vicarious Liability Court CasesThe links to the court cases below give some indication why it is hard for Security Companies to get Public Liability Insurance for Crowd Control operations. The issue of vicarious liability is a difficult one. If you have a view on any issues on this page make a post to the Forum. Vicarious Liability for Unauthorised Acts of Employees Court of Appeal Hearing Garvin Patrick Ryan v Ann St Holdings Pty Ltd Sprod v Public Relations Oriented Security Supreme Court of New South Wales Decisions Supreme Court of New South Wales Decisions - Fuz v Carter and Ors [2006]
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