Store Owners Liable For Wrongdoing Of Security Firms Hired As Independent Contractors
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As announced in a recent ruling by the Arizona Court of Appeals, retailers who hire security firms in to patrol their premises can be held liable for the wrongful conduct of the security firm. This is true even if the security firm is an independent contractor.
The judges acknowledged that firms who hire independent contractors for such jobs generally cannot be sued for the activities of the employees of that contractor. However, according to Judge Garve Vásquez, that changes when the rules and regulations for those workers are actually set by the retailer. He said that in that case, the retailer also assumes some of the liability.
Involved in the case is Safeway customer Steven Simon. He removed two cans of cat food from a shelf in the store, but later put them back. He left the store after purchasing other items.
Once outside, Simon was approached by Jose Howard, an employee of the firm hired by Safeway to handle security, Sonoran Desert Investigations. Howard accused Simon of shoplifting and allegedly lifted his shirt. He found nothing but still told Howard to never return to the store.
According to Simon, he insisted on speaking to the manager and returned to the store. He said that he was taken to a back room where he was then assaulted.
The lawsuit Simon filed against Safeway was thrown out by Judge Sarah Simmons of Pima County Superior Court. She accepted the position of the company that it could not be held liable for the actions of the security company or its employee.
The Arizona Court of Appeals reversed and held that the store could be liable for the wrongdoing of it's security firm.
In North Carolina, the same rule applies. Retail stores are liable for the wrongful conduct of it's security force, even if they are independent contractors.
For more information on this subject, please refer to the section on Premises Liability / Slip and Fall.