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by The Stoddard Firm - June 4th, 2024
Disputes in stores, apartment buildings, or event venues sometimes turn into run-ins with private security, leading people to wonder, “Can a security guard touch you in Georgia?” The reality is that physical contact is only legal under certain conditions, such as consent, legal authority, self-defense, or stopping someone from getting hurt, and it has to be reasonable for the situation. When guards use too much force, that’s assault, and both they and their companies can be sued.
At The Stoddard Firm, we represent individuals in Atlanta and across Georgia harmed by such misconduct, holding security companies accountable when contact escalates into personal injury.
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Not every touch from a security guard crosses the line, but problems start when contact goes beyond reasonable limits and turns unnecessary or aggressive, giving you grounds for a personal injury lawsuit.
Common situations that may give rise to claims include:
These encounters can cause injuries ranging from minor bruises and cuts to serious broken bones, or even permanent long-term disability or wrongful death in severe cases.
Excessive force occurs when more power is used than a reasonable person would consider necessary, and even law enforcement can be held liable under Georgia and federal standards. When private guards exceed their limited authority, their actions may constitute assault or battery, creating grounds for a personal injury claim tied to poor training or inadequate oversight.
Cases involving firearms or lethal force are the most serious, and in Georgia, some have ended fatally, showing how routine encounters can escalate into catastrophic harm. These matters are handled as personal injury or wrongful death claims, allowing victims or families to pursue compensation for medical costs, funeral expenses, lost income, and related losses.
These examples highlight how Georgia courts impose accountability when a guard’s detention or force goes beyond lawful boundaries. In Ferrell v. Mikula (2008), a teenager was unlawfully held after an incorrect theft accusation, and in Colonial Stores, Inc. v. Fishel (1981), store security detained a customer without proper justification, ultimately making the employer responsible for the guard’s misconduct. Such rulings emphasize the duty of companies to train, monitor, and control security staff appropriately.
“One of the things that sets us apart is that we devote the time, energy, and thought into making sure that we maximize the value of each case we choose.”
Matthew Stoddard
Private security helps protect property, but they are not law enforcement. Their authority is limited under Georgia law, including the Official Code of Georgia Annotated § 35-2-71, which regulates licensing and standards. While guards may act to prevent theft or respond to threats, their power to arrest does not extend beyond what any private citizen may lawfully do.
| Authority | Police Officers | Security Guards |
|---|---|---|
| Power of Arrest | May arrest with probable cause | Limited to citizens’ arrest, which was significantly restricted in Georgia in 2021 |
| Use of Force | Permitted when reasonably necessary | Restricted to self-defense or defense of others |
| Detention | May detain suspects under investigation | May detain briefly under the shopkeeper’s privilege if reasonable |
This comparison underscores that guards do not carry the same sweeping powers as sworn officers.
Authorized contact may include detaining someone reasonably suspected of shoplifting under O.C.G.A. § 51-7-60. It can also involve guiding an individual away from restricted property or touching someone with consent, such as assisting after a fall.
Unauthorized contact occurs when a guard restrains someone without cause, strikes or chokes a person in a non-threatening situation, or uses weapons without a lawful basis.
Guards, like anyone else, may use reasonable force to defend themselves or others under O.C.G.A. § 16-3-21. Situations may include:
Even in these cases, force must be proportionate to the danger.
Victims must take immediate action to safeguard both their physical well-being and legal rights following a security incident. Quick response facilitates medical recovery and ensures critical evidence preservation and protects important legal options that could prove essential when seeking justice and fair compensation.
Seek emergency care right away, since even minor bruises can mask deeper injuries such as internal trauma, and detailed medical records provide crucial evidence linking the harm directly to the incident and supporting your claim.
After an incident, document everything carefully by photographing your injuries and the scene, gathering witness statements with their contact information, and requesting preservation of any available surveillance video before it is lost or deleted.
To file a claim, you must show the guard acted outside legal authority and caused your injury. Georgia’s statute of limitations is generally two years; however, some exceptions for minors, government entities, or mental incapacity may apply. Because timelines vary, acting quickly and speaking with a lawyer is best.
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Guards rarely act alone. Their employers and the property owners who hire them are often responsible for harm caused by negligent or reckless conduct.
Companies can be held accountable when they fail to:
Property owners may also face liability under Georgia premises liability law when they:
Both employers and property owners can be named in lawsuits to ensure victims have access to sufficient compensation.
In 2022, security personnel at the Fogo de Chão restaurant in Buckhead fatally shot Nygil Cullins, a tragedy that drew widespread attention. His family later filed a federal lawsuit against the restaurant, its security staff, and the responding officers, arguing that poor safety procedures combined with excessive force led to his wrongful death.
The case shows how quickly a confrontation can escalate when weapons are involved and emphasizes the legal paths Georgia families can take to seek accountability and compensation through wrongful death or personal injury claims.
Security incidents often raise questions about legality, especially when wondering, “Can a security guard touch you under Georgia law?” The answer is critical if you’ve been harmed by unnecessary force. At The Stoddard Firm, we hold reckless guards and the companies behind them accountable. We work on contingency, so you owe nothing unless compensation is recovered.
For trusted legal help after a security-related injury in Atlanta or across Georgia, call 470-467-2200 today for a free consultation.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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Matthew Stoddard and his staff are wonderful people. This law firm is a no complication type of place. They always answer the phone without the hassle of going through 30 different people and always return emails just as quick as they are received. Thank you gentlemen for everything y’all do.
I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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