Is the Third-Party Security Company Liable for Your Workplace Injuries?

Posted on July 27, 2020

If an outside security company is hired to provide workplace protection, but fails to protect workers, the security company may be liable for injuries under a negligent or breach of contract claim.

Third-Party Liability for Workplace Injuries

Some workplaces are protected by third-party security companies, rather than by workplace employees. Outside private security companies are paid to protect workers from harm that may occur in the workplace. Certain types of businesses such as banks, hotels, casinos, nightclubs, jewelers, and high-end retail stores commonly employ third-party security companies for protection.

When a security company fails to provide adequate protection due to negligent actions, injury victims may be entitled to compensation for their injuries. A lawsuit can be filed by a workers comp lawyer against third-parties for claims of negligence and breach of contract. The following actions that may constitute negligence.

Negligent Hiring

A security company must perform thorough background checks and talk to previous employers before hiring guards to ensure they don’t have a criminal history or pose any type of security risk. If the company fails to perform criminal background checks, they may be held liable for negligent security.

Negligent Training

Since security guards wear a uniform and a badge that displays certain authority, they are expected to have proper skills and training to provide protection. Armed security guards must be properly trained in the use of weapons, in case acts of violence in the workplace occur.

Negligent Supervision

A security company must have workplace safety protocols in place and make sure employees follow them while on duty. If a night security guard is supposed to make rounds every hour to check building security, but the company never verifies that, the company can be held liable for any injuries occur on the premises, based on the guard’s negligent actions.

Negligent Retention

No matter how well a security company vets, trains, and supervises guards, they have a duty of care to remove dangerous employees. If the company knows or should have known that the guard poses a safety risk and does nothing, the company can be held liable if that failure to act causes injuries. Under Respondeat Superior, employers are responsible for harm that their employees cause, because they hired the employee.

When workplace injuries occur, workers comp lawyers can help to prove the negligent actions of an employer or third-party. Injured employees can receive compensation to pay for medical bills, lost wages, and punitive damages in some cases.