ABSTRACT

This chapter explains the differences between civil liability and criminal activities as it relates to intentionality and harm, and defines civil liability and the types of civil liability and the various classifications of torts that exist in the private security sector. It distinguishes between intentional torts, negligence, and strict liability torts, and outlines how the private security industry and its operatives can be culpable for criminal activity. The chapter identifies the types of defenses best utilized in criminal prosecutions against private security operatives, and discusses how the Constitution applies to the private security industry at large. The chapter illustrates how various doctrines applicable to public police apply to the private security industry, and describes how the law of citizen's arrest applies to private security operatives. In addition, with new and emerging opportunities come the natural liabilities for industry personnel and its employing agencies.