Reference no: EM133299800

Case: Negligence could very well be one of the most frequently filed charges in civil court. It is a failure to exercise a "reasonable amount of care" in a situation that causes harm to someone or something. As an example, someone might do something in a careless manner, which a prudent person would not do, such as drinking alcohol and driving. Or, as another example, failing to act (omission) as a prudent person would, which results in harm to someone or something, such as a failure to pay obligations. In a security setting, negligence might be charged in a situation where an organization failed to provide a reasonable standard of care and someone or something was harmed. The reasonable standard of care may have involved the lack of adequate physical or procedural controls as discussed previously in this class, an emergency contingency plan that was not properly vetted, or perhaps the failure to exercise due care when hiring, training, supervising, and retaining security personnel.

This civil case involved a company that contracted security services to protect its assets. The contract was breached when it was determined the security company failed to properly scrutinize a security officer applicant's background, or train or supervise the employee once hired. The plaintiff filed a tort complaint against the security company when it was discovered that this individual was involved in the theft of almost $200,000 in gold.

This case has a number of implications for security management officials regarding legal liability, using numerous resources to hire well, training the security staff, and providing the appropriate level of supervision required to ensure the protection of company assets. This case will be used as a basis for discussion of a number of issues over the next few weeks. For now, read the case and respond to the following questions:

Question 1: Succinctly summarize the facts of the case regarding the arrest and any subsequent judicial action.

Question 2: Describe the issues did the court had to settle.

Question 3: Explain the court's ruling in each of those areas and its rationale.

Question 4: Describe the actual legal elements required to establish before a court to prove negligence.