5 Dec 2022


The Common Law Theory of Negligence

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Academic level: College

Paper type: Coursework

Words: 323

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Common law theory of negligence establishes the need to adhere to the prevailing standard for behavior to minimize harming others and other associated risks. Most personal injury lawsuits across the world are due to negligence on the part of the individuals or businesses. The theory rides on the assumption that negligence has five elements, which are duty, breach, actual cause, proximate cause, and damages. However, courts have the discretion to reduce these elements to four, three, or even two depending on the nature of the lawsuit revolving around negligence. Common law theory of negligence applies to private security, as companies have to rethink about their physical security design and practice to exercise due care. 

Companies need to ensure that their employees, customers, and other stakeholder are safe from any harm that could lead to negligence lawsuits. One way of enhancing private security is using biometrics, which detects individuals’ unique physical characteristics, which are recorded to confirm identities. Rzemyk (2017) establishes that companies could use a variety of biometric modalities such as fingerprint, palm print, facial recognition, voice recognition or even iris scan and recognition. These modalities are useful as they act as a sieve to ensure that the authorized persons get into sensitive areas and in case of breaches, the company has credible leads. 

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Apart from biometrics, companies have the option of establishing and maintaining an access control system that precludes unauthorized entry. Sinai (2017) asserts that companies can either use access control protocols and systems and access badges for their personnel. The two access mechanisms help to secure facilities’ internal and external perimeters from malicious physical intrusions from the inside and the outside. More so, access control systems prevent the introduction of harmful components and devices as well as minimize pilferage of recorded information. A company can enhance the access control system by having restricted areas that require personal to produce identification upon entry and exit. Organizations should have a team that manages their physical security systems and designs as opposed to leaving this responsibility to the employees or clients. 


Rzemyk, T. (2017). Biometrics in the criminal justice system and society today. In L. J. Fennelly (ed.). Effective physical security (pp. 378-388). Elsevier. 

Sinai, J. (2017). Access control systems and identification badges In L. J. Fennelly (ed.), Effective physical security (pp. 389-399). Elsevier. 

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StudyBounty. (2023, September 14). The Common Law Theory of Negligence.


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