EXPAND ON THE DEBATE DO NOT COPY THE PARAGRAPHS INTO YOUR REBUTTALS. Use a reference for each part. Part 1: Michael In your post you write about negligence and the case Elliott v. Williams. The plaintiff in this case contended that substantial facts existed as to whether Titan Security Services negligent hiring of Mr. Williams was a proximate cause of the injuries to her. Titan Security Services contends that regardless of any negligence in the hiring of Mr. Williams, the plaintiffs actions allowing Mr. Williams into the apartment constituted Intervening cause. Titan Security Services maintained the negligent hiring of Mr. Williams was not a proximate cause of the plaintiffs injuries (FindLaw’s Appellate Court of Illinois case and opinions). FindLaw’s Appellate Court of Illinois case and opinions. (n.d.). Retrieved from https://caselaw.findlaw.com/il-court-of-appeals/1191472.html Part 2: Genesis The private security industry is experiencing a growth of civil and criminal liability, due to the fact that many private police officers do not have the adequate training and preparation for the assigned task. Private security officers and other personnel in the industry are in need of better preparation and training, highlights why legal liability is a constant concern for the industry at large (Nemeth, 2018, p.143). The places that are more exposed to liability is in the retail area as well as parking complexes, government buildings, and nuclear facilities. The number one problem that the private industry is facing is negligent training. They do not provide intensive training for their security guards which, most of the time, results in actions such as assault, battery, false arrest, and false imprisonment. In the cases where negligent training has been an issue the courts make it clear that a lack of training is a basis of support for a cause of action for injury by private security personnel (Moore, 1988). One example that shows how a security guard lack of training and preparation led to a lawsuit. While the security guard was never charged in the case because there were not any witnesses, the firm that hired the guard was liable for his actions. The security firm was directly liable for its negligent hiring and training of an untrained, unlicensed security guard. But the security firm is also liable under the doctrine of respondeat superior (Mukherji, 2013) The firm was liable for their employee because the security guard did not have his license and didn’t have a permit to use a baton, which was used to commit the act that led the victim with injuries so severe. Part 2: Esmond Criminal liability Deals with offenses against society (corporations are of course part of society and can be either criminals or victims). Every state has its criminal code that classifies and defines criminal offenses. When criminal offenses are brought into court, the state takes an active part in accordance with the states criminal code (Fischer, 2012). Civil liability is not based on a state criminal code, may include private suits between personal relations and conflicts between individuals, corporations and government agencies. However, the same conduct may trigger both civil and criminal liability. One trend seen is of corporations being held responsible. Superior leaders in corporations as well as the corporations as a whole are being held liable when they are deemed to have had knowledge of the alleged misconduct. Simply having knowledge of the misconduct is grounds for being held civilly or criminally responsible for it (Nemeth, 2018). Another trend identified in this text, regarding this same topic is the states trends of participating in legislating standards of conduct and requirements criteria in the field of private security. They are ensuring the public is protected from unqualified investigators (Nemeth, 2018). Reference: Fischer, R. J., Halibozek, E. P., Walters, D., & Green, G. (2012). Introduction to security. Oxford: Butterworth-Heinemann. Nemeth, C. P. (2018). Private security: An introduction to principles and practice. Boca Raton: CRC Press.
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