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Do you have employees or contractors who go into customers’ homes for installations, sales, product demonstrations, or other service work? If so, you should know that you are legally liable for anything they do while representing your company. Depending on whom you have working for you, that liability could be huge – potentially costing your company millions.
Before you assume this doesn’t apply to you, consider three recent incidents and the resulting court action:
- McLean vs. Kirby. A contractor working for a well-known company used a set of knives provided as a “free gift” to sexually assault someone who let him into her home for a sales demonstration. The company was found liable because it hadn’t taken reasonable precautions against sending dangerous individuals into people’s homes using the company’s name to gain entry.
- Read vs. Kirby. An individual used his position as a door-to-door contracted salesperson to gain entry into a home, then returned later to sexually assault the victim. No background check system was in place, and courts ruled the company was responsible for allowing dangerous people to work on its behalf, even though the salesperson was technically hired by a third-party contractor. You cannot delegate all of your legal responsibilities to another company working on your behalf.
- Ruschner vs. ADT. A company subcontracted door-to-door sales work with the stipulation that "reasonable" background checks be performed on contractors. Despite that, an individual with multiple prior felonies gained access to a home and sexually assaulted a minor. The contracting company had ceased background checks because turnover was high and they didn’t want to absorb the cost. The courts found the company responsible because it didn’t have the proper procedures in place for keeping criminals away from customers.
Sadly, more events could be added to this list. What should be clear is that you have a legal and moral responsibility to keep customers and coworkers safe from dangerous people. Luckily, it doesn’t have to be difficult or expensive. While so-called “instant” background checks are notoriously thin and easy for criminals to work around, CrimShield offers thorough investigative services done by live, trained investigators.
In just a few short hours, you can feel confident that anyone working on your behalf – even if it’s for a company you contract with – is who they claim to be, and doesn’t have dangerous offenses in their past. In the process, you can eliminate huge liability risks that might otherwise come back to haunt you.
About The Author: J. Denton (Denny) Dobbins is nationally and internationally recognized as a leader in premises liability protection and has been featured across North America sharing the stage with political leaders, police, administrators and business leaders. Since 1978, Denny has been involved with the detection and deterrence of criminal activity in properties and employment of all types.
