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Negligent Security Cases Brought on by Employees: MC v. Yeargin

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Information sourced from Negligent Security Attorney

The security industry has experienced a number of recent changes, including an increased need for guards. With this growth comes increased risks— it’s important to make sure you are protecting your business and your security employees from potential threats. Central Insurance Agency is prepared to provide you with a custom insurance solution to fit your needs.

Negligent security cases based on the failure to provide adequate security measures (lighting, locks, fencing, security guards) result in larger settlements and jury verdicts versus cases where a business employee caused the harm. However, employers still owe a duty to their employees to keep them safe and out of harm’s way. If an employee is raped, attacked, shot or murdered while on the job, the employer may be held responsible via a negligent security lawsuit. Likewise, if a patron or customer is attacked by an employee, the employer may be responsible for failing to properly screen the employee before hiring him. These employee based lawsuits are premised on negligent hiring, negligent retention and negligent supervision of the employee.

In MC v. Yeargin, MO 1996, a female hotel resident stepped out of her hotel room but was pushed back into her room by a hotel employee.  Following a loud scuffle, another hotel resident called the police. Before the police arrived, security from the hotel arrived at the subject hotel room. The security guards heard the attacker threatening to kill the hotel guest, but decided not to get involved. Instead, the hotel security waited for the police to arrive. As the security sat idly by, the attacker viciously raped the female hotel guest. To add insult to injury, the attacker was HIV positive. After completing the rape, the rapist was able to leave the hotel before the police officers arrived. 

The rape victim brought a negligent security rape lawsuit and the jury awarded her $11 million. On appeal, the award was reduced to $3 million.

Covering your security agency with a custom insurance plan in unprecedented circumstances like the above case is imperative to protecting your business and your employees. Central Insurance Agency can provide you with the protection and materials you need to ensure the continued success of your company. Contact us today for a free quote!

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