The Common Law Theory of Negligence Essay

The Common Law Theory of Negligence

Negligence is defined as the failure to exercise the appropriate care that is expected to be exercised under the specified circumstances. In law, negligence is the breach of a legal duty to take care that results in damage undesired by the defendant. The underlying concept of negligence is that individuals should at all times exercise reasonable care in their actions (Scott). This is done by considering the potential harm that one might foreseeably cause to another individual or property. Looking at personal security, this is quite applicable in that even when offering security, one should ensure that they take care of their actions. Even though one might be forced to use force, it must be used only when absolutely necessary and this action should be considered and determined that it will not result in harm to others. Business owners or organizations that hire security guards or bouncers are liable for the harm that these individuals would cause on the people who visit their establishments. Since the altercations took place at the organization’s premises, then it is liable and its employees should have been trained better.

Organizations should have policies in place and the employees should be trained on how to handle and prevent foreseeable violent or criminal actions. A business that is open to the public is required to ensure that the individuals who visit the premises are secure and no harm comes to them when they are in the business premises. However, there might be instances when criminals might attack the business and this is where the business should ensure that it has put in place proper security and security guards to prevent such a scenario. In case, the business does not have security guards, then the owner might be negligent and they would be liable to any defendant who is injured during the robbery or attack. Employees of the business or organization should also be properly trained on how to handle clients and to avoid any physical attack (Kennedy). Security should not just be physical the company can also make use of CCTV cameras to deter criminals. The cameras should be monitored at all times.

Bouncers and security guards are required to perform their duty in a non-negligent manner. However, there are instances when they are forced to use a certain amount of force in order to maintain peace in an establishment. In such situations, there might be a chance that a person gets injured and they file a negligence suit against the business owner and not the bounder or security guard. This is because the business owner is the one who hired the bouncer or security guard and they should have trained them to not use excessive force. Being employees of the establishment, they are required to have undergone training and take reasonable care in their actions. Organizations should also ensure that there is a security practice established and employees adhere to this practice. Training the employees on how to handle any criminal incidence that might occur within the premises ensures that the organization would not be liable in case someone gets injured.

An organization would be considered negligent if it does not train its employees and also have policies that are geared towards security (Gomtsian). The organization is deemed to have breached its duty by exposing the injured individual to the substantial risk of loss. This would be negligent of the organization and would make it liable in case there is any unwanted incidence that takes place within its premises. Without properly training its employees, it becomes easy for a claimant to prove the organization did not take the necessary precautions to prevent the loss from occurring.




Gomtsian, Suren. “Private Ordering of Exit in Limited Liability Companies: Theory and Evidence from Business Organization Contracts.” American Business Law Journal 53.4 (2016): 677-744. Print.

Kennedy, Sarah Elizabeth. “The Pathway to SecurityMitigating User Negligence.” Information & Computer Security 24.3 (2016): 255-64. Print.

Scott, TJ. “Determination of Constitutional Nature of Contractual and Delictual Claims-Strict Contractual Liability of Security Company-Vicarious Liability of Security Company for Wrongful and Negligent Conduct of Employee Loureiro and Others V Imvula Quality Protection (Pty) Ltd 2014 3 Sa 394 (Sca): Recent Case Law.” De Jure 47.2 (2014): 374-92. Print.


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