Section 2.17 Vicarious Liability Arising Out of Actions by Security Guard/Off-Duty Police Officer

• Library: Tort Law 2016

C. (§2.17) Vicarious Liability Arising Out of Actions by Security Guard/Off-Duty Police Officer

As a general statement, an assault or battery by a security guard or officer under the control of the employer may give rise to vicarious liability for the employer of the security guard. But, if an assault or battery occurs by an off-duty police officer in the course of a lawful arrest, the employer cannot be held liable for the action taken by the police officer in the police officer’s official capacity. Carmelo v. Miller, 569 S.W.2d 365, 367 (Mo. App. E.D. 1978). In Carmelo, the St. Louis National Baseball Club (Baseball...