Injury Due to Inadequate Background Checks for Security Personnel: Crime Related Injury Lawyer
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Injury Due to Inadequate Background Checks for Security Personnel throughout the State of Ohio.
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Ohio Negligent Security Attorney: Inadequate Background Checks
Property owners, businesses, and apartment managers who hire security personnel—whether in-house staff or third-party contractors—assume a heightened responsibility to ensure those individuals are not a danger to tenants or patrons. An inadequate background check for a security guard can result in a personal injury from assault, battery, or other criminal acts committed by that very employee.
When an injury occurs due to the misconduct of security personnel, a victim may have grounds for a claim of Negligent Hiring or Negligent Retention. Our experienced Personal Injury Attorney team specializes in investigating these failures in vetting, using Ohio law to hold property owners and management companies accountable for putting unqualified or dangerous security staff on the premises.
Negligent Hiring and Foreseeability in Ohio Law
In Ohio, a property owner owes a duty of ordinary care to their invitees (customers, tenants, etc.) to maintain a reasonably safe premises. This includes the responsibility to hire competent employees and contractors. A claim for Negligent Hiring against an employer who hired incompetent security personnel has five key elements under Ohio law:
- Employment Relationship: The security personnel were an employee or contractor of the property owner/manager.
- Incompetence: The security personnel were unfit, often due to a criminal history or pattern of misconduct that was easily discoverable.
- Knowledge of Incompetence: The employer had actual or constructive knowledge (they should have known, had they conducted a reasonable background check) of the individual's unsuitability.
- Causation: The security personnel's act or omission (the assault, excessive force, or other misconduct) directly caused the victim's personal injury.
- Damages: The victim suffered measurable losses (medical bills, pain and suffering).
A simple failure to conduct a reasonable background check before hiring a security guard in an area with foreseeable criminal activity can constitute a breach of the duty of care.
Proving Inadequate Background Checks and Causation
To establish liability, we work to prove that the property owner's negligence in performing inadequate background checks led to the security guard causing harm. This is often necessary when the security guard's actions involve excessive force, assault, or other intentional criminal acts:
- Breach of Vetting Standard: We argue that the employer failed to meet the industry standard for vetting security personnel, which is especially critical given the nature of a security guard's job and the ability to inflict harm.
- Criminal Record History: The individual’s background check would have revealed relevant prior convictions (e.g., for assault, theft, or domestic violence) that directly relate to the risk they posed to tenants or visitors.
- Direct Harm: We connect the failure to discover this history via an inadequate background check directly to the personal injury you suffered, proving the assault or injury was a foreseeable result of their negligence.
Evidence, Damages, & Ohio's Statute of Limitations (R.C. 2305.10)
Claims involving misconduct by security personnel require prompt and detailed investigation. We immediately seek crucial evidence to prove the employer's negligence in conducting inadequate background checks:
- Employment Records: Security guard applications, hiring documents, and proof of any background check performed (or lack thereof).
- Criminal Records Search: An independent investigation into the security guard's history to establish what the property owner should have known.
- Witness Testimony: Statements from other employees or residents who may have been aware of the guard’s previous misconduct or unfitness.
Victims are entitled to recover compensation for severe physical injuries, emotional trauma, medical bills, and lost wages resulting from the assault or misconduct.
The statute of limitations for most personal injury claims in Ohio, including those for Premises Liability and Negligent Hiring (R.C. 2305.10), is typically two years from the date of the injury. Swift action is paramount to securing time-sensitive evidence.
Contact Our Ohio Personal Injury Attorneys Today
If you or a loved one were injured due to the misconduct of security personnel, likely resulting from an inadequate background check, contact our dedicated Ohio legal team.