Security Guard Liability

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Security Guard Liability

A security guard’s job is to keep peace and order at venues such as malls or concerts. A security guard is allowed to use reasonable force when necessary to stop unruly guests from disturbing the peace. If a security guard uses excessive force and injuries result, the injured party may be able to seek legal remedies.

Is the Employer Liable?

Possibly. Under the doctrine of vicarious liability, the security guard’s employer is liable for the security guard’s actions. This stems down to whether the security guard was on-duty when he injured the guest.

Assault and Batter

Some common legal theories that establishes fault for security guards are categorized as intentional torts. Specifically, assault and battery. These occur where the security guard intentionally put the guests in imminent physical harm or fear. Additionally, the security guard can falsely imprison guests where he withholds their freedom over the necessary time to investigate the incidents.

When Is a Security Guard Negligent?

Another legal theory that can hold security guards liable is negligence. This occurs where the security guard had a duty to do something but failed to do so, and as a result, you were injured. For example, where a security guard has a duty to stop a fight but he just watched the fight, and you got severely injured as a result, then you may have a negligence claim against the security guard.

Should I Contact a Lawyer?

When a security guard injures you, you would most likely need an experienced personal injury lawyer to file suit against the security guard and his employer. A personal injury lawyer is well versed in the law, and can effectively navigate the legal system to represent your best interest.

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Last Modified: 07-14-2014 03:46 PM PDT

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