Have you ever wondered, “Can you sue a security guard?”
The answer is, yes. You can sue a security guard if he or she 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 that police officers do. 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 or not 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 exception 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, then they have the right to protect themselves by trying to deflect or restrain the person with the weapon.
Legal action is one way that society maintains the balance between the need for security services and the potential for its abuse. If you have been injured or assaulted by a security guard, you may have grounds to file a lawsuit asking for damages. Call an attorney today at 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 678-737-8587. We’re here to help.
Can You Sue a Security Company?
In short, yes. Many times it is the security company (that employs the security guard) and the landowner that employs the security company that are the named defendants in a lawsuit where a security guard has misbehaved. Typically, this sort of lawsuit is 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. We believe the security company should be accountable for their mistakes. And when a landowner hires a security company to protect its land, that landowner becomes responsible for the wrongful acts of the security guard.
The security company and the landowner, whether 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. An individual security guard, as a lone person, likely does not have the financial resources that a business does, and since the 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.
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 touching, shoving or restraining you against your legal rights.
What To Do If You’ve Been Injured by a Security Guard
If you’ve 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’re 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 than 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. But if this has happened to you, then you may decide to sue a security company and/or sue a 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 678-737-8587 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’s why a personal injury attorney can be so valuable. With skill and experience, a lawyer can describe to you where the legal line exists for physical contact, and an attorney can determine when a security guard has overstepped this line.
Talk to Our Attorneys Today
If you have been injured by a security guard, take action today. You don’t have to put up with being violated. You have legal rights. If you are uncertain whether actions by a security guard were legal, talk to us. 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 don’t need any money to hire an attorney in these cases because we work on contingency. That means that we don’t get paid until you get paid. Our attorney’s fees are paid by the security company 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 678-737-8587. The Stoddard Firm is here to serve you.