Security guards are hired to protect a business’s employees and customers at a number of locations, such as event venues, sporting sites, shopping centers, retail stores, hospitals, and apartment complexes. While security guards are hired to deter dangerous situations and provide protection to businesses, accidents occur in which the guards harm someone, resulting in devastating consequences, including varying injuries and tragically, in some cases, death. The accidents may involve the use of excessive force, assaults, false arrests, and lethal force.
Who is responsible for injuries caused by a security guard?
- The security firm in charge of hiring and training the guard
- The business or establishment that hired the security guard
- The municipality that the police officer works for in the situation that an officer is hired as a security guard
- The security guard as an individual
Often, security guards are not hired from a business directly but from a security firm, which performs the necessary background check on the guard and is in charge of training them for employment. Since security firms are legally responsible to perform proper background checks and screening individuals before hiring them as employees, if a security guard hurts someone while on duty, the security firm that they are hired from could be liable for any damages associated with the accident.
The business that hired the security guard, even if the guard is employed with a security firm, may be liable for any damages associated with an accident caused by a security guard. Since the guard is acting on behalf of a business, that business may be held accountable for the guard’s actions.
Additionally, police officers may be hired by a private business during off-duty hours to perform security guard duties. While these moonlighting hours are typically permitted, the municipality that the police officer works for may also be liable in the event that the officer causes an injury or death while working off-duty. However, liability depends on several factors, including whether or not the officer:
- wore a police uniform
- wore a badge
- Stated that they are a police officer
- Arrested someone as a police officer
Finally, the security guard who acted negligently may also be held liable for any damages that they caused someone.
Can I file a lawsuit if I am injured by a security guard?
Typically, a civil lawsuit may be filed against the party or parties liable for any injuries associated with an accident caused by a negligent security guard. Similar to other personal injury lawsuits, whether or not the security guard, the firm they were employed and trained by, or the business who hired them acted negligently will determine whether or not a legal claim can be filed. Situations in which a security guard is negligent may include taking actions that cause an injury to someone or failing to take any action that then led to a person’s injury.
Additionally, a criminal lawsuit can be pursued in the event that the security guard used excessive force, engaged in sexual assault, or acted in a manner that caused the death of someone.
How much force can a security guard use?
Security guards must use reasonable force when on duty. If a security guard uses excessive force or engages in inappropriate behavior that leads to someone’s injury, they and their employer may be liable for any injuries that were caused. If you are unsure whether or not a security guard used reasonable or excessive force and were injured as a result of a security guard’s actions, speak with an experienced personal injury attorney at Clayton Trial Lawyers today.
Speak with a Security Guard Accident Attorney in Fort Lauderdale Now
If you have been injured as a result of the negligent actions of a security guard, let a personal injury lawyer help you get the maximum compensation you deserve. Remember, the sooner you get in touch with a lawyer, the earlier all the evidence can be gathered and preserved. An experienced personal injury lawyer can help build a solid case, advise you of other options and represent you in court.