Can You Sue a Security Guard?

• June 4, 2024
• Attorney Matt Stoddard
• Premises Liability

Whether you are spending your Saturday night at a popular nightclub or bar, taking in a sports event at The Sports Arena, or attending a comedy show or concert, security guards are supposed to be there to protect you. Unfortunately, some security guards take their duties far too seriously and may get too rough with the public. If you suffered severe injuries after a confrontation with a security guard, you may have the right to take legal action.

With help from a powerful premises liability attorney from The Stoddard Firm, you can hold the security guard and other liable parties accountable for the injuries you sustained. Explore your options for financial relief further when you contact us for a free consultation. Please note that we only review these types of cases that occur in Georgia.

Table Of Contents

• Who is The Stoddard Firm?
• We Make it Possible for Injury Victims to Demand Justice
• HAVE YOU EVER WONDERED, “CAN YOU SUE A SECURITY GUARD?”
• CAN YOU SUE A SECURITY COMPANY?
• WHAT TO DO IF YOU’VE BEEN INJURED BY A SECURITY GUARD
• CAN A SECURITY GUARD TOUCH YOU?
• TALK TO OUR ATTORNEYS TODAY

Who is The Stoddard Firm?

The Stoddard Firm is George’s premier personal injury law firm. You deserve a legal advocate who will not be deterred in their quest to get you justice and maximize the compensation you recover. We do this by:

• Keeping manageable caseloads
• Investing our time and energy where it is needed most
• Utilizing our extensive resources to uncover the truth
• Being unafraid to go up against profit-driven companies and corporations.

Our decades of legal experience and strong track record of success make our representation unmatched. Do not hesitate to contact our team to discuss the specific circumstances of your case during a free consultation.

We Make it Possible for Injury Victims to Demand Justice

When you are considering how you can hold dangerous security guards accountable for their recklessness, you may be interested in how the claim process unfolds. Every person’s case is different, but here is a general idea of what you can expect when you decide to take action:

• You hire a personal injury lawyer at The Stoddard Firm.
• We investigate the incident and collect valuable supporting evidence.
• We go over your damages in detail to accurately calculate the value of your claim.
• Once we identify the liable party, we can file a claim against their insurance policy or move forward with a personal injury lawsuit.
• We will negotiate with the insurance company where applicable and bring your case before a judge and jury should it become necessary.

Have You Ever Wondered, “Can You Sue a Security Guard?”

Yes, you can sue a security guard if they assaulted or harmed you and you were not threatening them. Because security guards are not law enforcement officers, they do not have the same rights as police officers. Security guards cannot physically touch citizens beyond what is defined as “minimally necessary” to stop a crime or prevent a dangerous or unlawful situation.

When wondering whether you can sue a security guard, remember that a guard’s role is to ensure safety, but not at the expense of your legal rights.

The one exception to this is self-defense (which is the right that every citizen possesses, whether a security guard or not). If you or another person is wielding a firearm or other weapon and pointing it at a security guard, they have the right to protect themselves by trying to deflect or restrain the person with the weapon.

Can You Sue a Security Company?

In short, yes. Often, the security company (that employs the security guard) and the landowner that employs the security company are the named defendants in a lawsuit where a security guard has misbehaved. This type of lawsuit is typically brought under the legal theory of premises liability.

The security company is responsible for the employee’s training and may have been negligent in its education and training methods. Likewise, the security company—like all companies—is liable for its employees’ conduct while they are on the clock and performing work-related duties. When a security company is negligent in providing a suitable employee or providing suitable training, it should be held accountable.

Landowner Liability

We believe the security company should be accountable for its mistakes. When a landowner hires a negligent security company to protect their land, that landowner becomes responsible for the security guard’s wrongful acts.

The security company and the landowner, large or small, are often the most attractive defendants to file a lawsuit against because these defendants have the financial resources to pay a settlement or jury award. As a lone person, an individual security guard likely does not have the financial resources that a business does. Since the security company and the landowner are legally responsible for the security guard’s conduct, these entities are typically named as the primary defendants in these lawsuits.

What To Do If You Have Been Injured by a Security Guard

If you have been injured by a security guard, it is important that you seek medical attention right away. Following are some additional things you can do:

• After experiencing an injury, call 911 and allow emergency medical personnel to treat you; or, if you are able, drive yourself to an emergency room or clinic.
• If you are able, take pictures of the scene of the injury and any bruises or cuts you may have sustained.
• Get the names and contact information of any eyewitnesses nearby so that your attorney can follow up with them later.
• Take note of whether there are any security cameras nearby that may have recorded the events leading to your injury.
• If the injury is significant because of violence by the security guard, call the police. When they arrive at the scene, they will fill out a police report, which can be relied upon when crafting your lawsuit. It is important to remember, though, that filing a lawsuit for civil damages in a premises liability case is different from filing a criminal complaint for injury in a criminal court.
• Hire a personal injury attorney right away who can guide you and look out for your legal interests.

Nobody ever wants to have to file a lawsuit, just like nobody ever wants to be involved in a scuffle with a security guard. If this has happened to you, then you may decide to sue a security company and the security guard, asking for damages to cover your medical bills, lost wages, and pain and suffering. To find out more about your legal options, call us at 470-467-2200 for a free initial consultation.

Can a Security Guard Touch You?

That depends. Certainly, a security guard does not have the right to restrain, assault, or manhandle you if you are posing no threat and are going about your daily business. If, on the other hand, you are physically threatening a security guard with your fists or a weapon, then the guard – like any citizen – has the right to defend himself or herself.

It becomes quickly apparent that there is a lot of gray area where physical touch or encounters are concerned. That is why a personal injury attorney can be so valuable. With professionalism and experience, your skilled personal injury lawyer can describe to you where the legal line exists for physical contact, and we can determine when a security guard has overstepped this line.

How to Hold Reckless Security Guards Accountable

To win a case against a security company, you, as the plaintiff, must typically prove that the guard was performing functions for the security company while on duty and that the guard exceeded his or her authority by committing a violent crime or touching, shoving or restraining you against your legal rights, potentially rising to the standard of false imprisonment under Georgia Code § 16-5-41.

Legal action is one way society maintains the balance between the need for security services and the potential for abuse. If you have been injured or assaulted by a security guard, you may have grounds to file a lawsuit asking for damages.

Call The Stoddard Firm to find out more about your legal options. We offer free initial consultations and would be glad to discuss your situation with you. Call us at 470-467-2200.  We are here to help.

Talk With Our Security Guard Injury Attorneys Today

If you have been injured by a security guard, take action today. You have legal rights, and you do not have to put up with being violated. If you are uncertain whether actions by a security guard were legal, connect with our law firm. We can listen to your version of events, explain the law, and help you understand your legal options. At The Stoddard Firm, we take pride in explaining legal issues in terms that are easy to understand, and we are always willing to help our clients gather the information and evidence necessary to file a lawsuit.

You do not need any money to hire an attorney in these cases, because we work on contingency. That means that we do not get paid until you get paid. The security company pays our attorney’s fees as part of a settlement agreement or jury award. If, for some reason, your claim is unsuccessful, then you owe us nothing.

Therefore, there is no financial risk to you in pursuing a lawsuit. We offer free initial consultations and would be glad to discuss your situation with you. Call us at 470-467-2200 or fill out our quick contact form. The Stoddard Firm is here to serve you. Please note that we only review these types of cases that occur in Georgia.