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Contract Is the Key: Protecting the Professional Security Provider from 3rd Party Liability

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10 February 2016
12:00 - 13:30
Subscriber Fee: $0​

Professional security service companies often face unexpected liability from third parties with whom they have no contract and to whom they have made no assurances. They can find themselves unwittingly accepting a client’s own liability for injuries sustained by their officers in the course of duty despite the protections of the workers compensation statutes. They can also face claims from persons who claim armed guards were improperly trained. This webinar provides contact and training strategies, including the inclusion of arbitration provisions in security officer employment contracts that help prevent these types of unexpected liability while still allowing guard services companies to provide the services that their clients demand.

Learning objectives

  • Understand the rationale for including third party benefit waivers in contracts and post orders.
  • Understand the arbitration process and how it can help manage the risk of accepting third party liability when a security officer is injured in the course of duty.
  • Understand the scope of required training for armed security guards and the proper situations for offering an armed security service option to a client.

Target audience

  • Chief Executive Officers
  • General Counsel
  • Assistant General Counsel
  • Managerial officers of professional security services organizations who have the authority to contract for services and the authority to review and approve contracts.

About the speakers

James F. Burke, Esq.
Partner
Wilson Elser Moskowitz Edelman & Dicker LLP

Mr. Burke is a trial lawyer who focuses his practice on the defense of complex, high-exposure premises, security guard, construction, auto, and general liability claims in New York state and federal courts. He also has defended product liability, lead poisoning, and medical malpractice claims during his career. Mr. Burke has been lead trial attorney on more than 50 cases and recently has won defense verdicts in a federal civil rights Section 1983 abuse of force claim in the Southern District of New York; a premises security case in the Supreme Court, New York County; and a negligent premises maintenance claim in the Supreme Court, Westchester County. 

Lisa Gibbons, Esq.
Of Counsel
Wilson Elser Moskowitz Edelman & Dicker LLP

Ms. Gibbons is a trial attorney and former prosecutor who practices in the area of general liability and casualty defense. With a master’s degree in forensic psychology and a strong criminal law background, she focuses on the defense of psychological damages claims, effectively deposing plaintiffs that allege post-traumatic stress disorder and cross-examining their experts at trial. Her civil litigation practice defending insured premises owners in cases alleging such crimes as assault, rape, and murder draws on her background as an assistant district attorney in Kings County (Brooklyn), NY, where she was a senior trial attorney.

Elizabeth D. Ho Sing, Esq.
Associate
Wilson Elser Moskowitz Edelman & Dicker LLP

Ms. Sing focuses on trial litigation and assisting partners in preparing complex cases for trial. Ms. Sing has developed a particular skill in the use of social media to enhance the defense of civil litigation, which has led to the development of critical evidence in numerous cases. She is well regarded for her lecture The Impact of Social Media in Litigation before high-profile groups such as ASIS and the California Association of Licensed Investigators (CALI). She has also presented Early Loss Claims Management to the CCIC regional convention.

Taylor Brownyard-Guercio
Senior Coverage Specialist
Brownyard Programs

Ms. Brownyard-Guercio, a graduate of Manhattan College, began her insurance career in New York City with Lexington Insurance Company. After completing their training program, she was made a property specialist in their New York office. In 2005, she began working for Brownyard Programs


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