Being injured by a security guard, even in a seemingly safe environment like a shopping mall, can be a profoundly unsettling and potentially financially devastating experience.
While security guards are employed to maintain order and ensure the safety of patrons, they are not exempt from legal accountability for their actions. For instance, if they do not ensure security measures, or use excessive force, they can be held liable.
If you’ve been injured due to a security guard’s negligence or misconduct and have medical bills, we understand. Learning about your rights and the legal avenues available against a law enforcement officer or security guard assault is crucial.
While most people think they won’t be victims of such cases, they can happen to anyone. The total population of Nevada is 3,104,614 (approx), and mall accidents are increasing by the day, which means you could counter all kinds of people.
This means you could end up with massive medical bills, because of poor security measures and should sue a security guard if they are at fault. Let’s get into further detail about legal legal situations such as this.
Security Guard Liability: A Complex Legal Situation
Unlike law enforcement officers who operate under specific legal protections and immunities, private security guards are subject to the general principles of civil law, primarily negligence and tort law.
Negligent security cases and negligent security claims can be fairly confusing because the defendants may claim they provide reasonable security measures, even when they don’t. However, the idea of reasonable care is what matters.
This means their actions are judged against a standard of reasonable care, and any deviation from this standard that results in injury to another person can expose them and their employers to legal liability.
The core concept underpinning security guard liability is the “duty of care.” This legal obligation requires security guards to act reasonably and prudently to prevent foreseeable harm to patrons and maintain a safe environment within the scope of their employment.
A breach of this duty of care, resulting in injury, forms the basis of a negligence claim. A negligent security lawsuit can be the perfect solution for situations like these. However, you will need a negligent security lawyer can help you file the lawsuit.
The Duty of Care: Defining Reasonable Conduct For Law Enforcement Officers
The duty of care isn’t a blanket guarantee of absolute safety; it’s a standard of reasonable conduct. Courts assess whether a reasonably prudent security guard, in similar circumstances, would have acted differently to prevent the injury. This assessment considers several factors, including:
1. Foreseeability of Harm:
Did the security guard know or should they have known that a particular situation posed a risk of harm? For example, if a security guard is aware of a history of assaults or a criminal record in a specific area of the mall but fails to patrol it adequately, this could be considered a breach of their duty of care. Similarly, injury victims can file a personal injury lawsuit or a negligent security case, ensuring negligent parties get punished.
2. Standard of Training and Experience:
The level of training and experience expected of a security guard in a particular context influences the standard of reasonable care. A highly trained security guard might be expected to respond more effectively to a dangerous situation than one with minimal training.
While they might not be exactly like police officers, essential duties like security patrols and using physical force only when it’s necessary is a part of their training.
3. Specific Circumstances:
The specific circumstances surrounding the incident that qualify as a criminal act are crucial. Factors such as the time of day, the level of activity in the area, and the nature of the threat all play a role in determining whether the security guard acted reasonably or if it can be a criminal complaint.
4. Available Resources:
The resources available to the security guard, including staffing levels, equipment, and communication systems, are also considered. A security guard working alone in a large, dimly lit area might be held to a different standard than one working with a team in a well-lit and monitored environment.
Similarly, if the incident occurs in adequate lighting, the situation might be different. Therefore, keeping the legal theory in mind during such cases is necessary.
Types of Injuries and Negligent Acts By Security Guards
The injuries caused by security guards can range from minor to catastrophic, and the types of negligence leading to such injuries are varied.
The best way to handle it is to understand the legal process for severe injuries and the possible financial compensation that one might get.
1. Excessive Force:
This is a common basis for lawsuits against security guards. Using force beyond what is reasonably necessary to control a situation, detain a suspect, or quell a disturbance can constitute excessive force, leading to claims of assault and battery. The level of force used must be proportionate to the threat posed.
2. Assault and Battery:
These are intentional torts, meaning they involve intentional harmful or offensive contact. A security guard who physically assaults a patron without justification or uses excessive force can be held liable for assault and battery, regardless of whether they intend to cause serious injury.
3. Negligent Security:
This involves a failure to adequately protect patrons from foreseeable harm. This can include failing to prevent a crime, failing to respond adequately to an emergency, failing to maintain a safe environment, or ignoring clear safety hazards.
For example, a security guard failing to intervene when witnessing a robbery or ignoring a known hazard like a slippery floor can be held liable for negligent security.
4. Failure to Provide Adequate Security:
This refers to systemic failures by the security company or property owner, such as inadequate staffing, lack of proper training, insufficient equipment, or inadequate security measures. If these failures contribute to an injury, the security company or property owner can be held liable.
Who Can Be Held Liable? Determining Responsibility
Determining liability in a security guard injury case can involve multiple parties. The potential defendants may include:
The Security Guard:
Directly liable for their negligent or reckless actions.
The Security Company
Often held liable under the principle of vicarious liability. This legal doctrine holds employers responsible for the negligent actions of their employees while they are acting within the scope of their employment.
The security company is responsible for hiring, training, and supervising its guards. Failure to do so adequately can lead to liability.
The Property Owner (Mall Owner): The property owner may also be held liable if they fail to provide adequate security measures or properly supervise the security personnel they hire. This often involves demonstrating that the property owner knew or should have known about a dangerous condition and failed to address it. This is particularly relevant in cases of negligent security.
Building a Strong Case: Evidence and Legal Strategy
To successfully pursue a claim against a security guard, their employer, or the property owner, you need to establish several key elements:
Duty of Care: Demonstrate that the security guard had a legal duty to ensure your safety.
Breach of Duty: Prove that the security guard failed to meet that duty through negligence or recklessness. This requires presenting evidence showing that their actions fell below the standard of reasonable care.
Causation: Establish a direct link between the security guard’s actions (or inaction) and your injuries. You must show that the security guard’s negligence was the proximate cause of your harm.
Damages: Document the extent of your injuries and losses. This includes medical expenses, lost wages, pain and suffering, emotional distress, and any other quantifiable damages resulting from the incident.
Gathering evidence is paramount. This includes:
Medical Records: Detailed documentation of your injuries, treatment, and prognosis.
Police Reports: Official reports filed with law enforcement regarding the incident.
Witness Statements: Testimony from anyone who witnessed the incident.
Security Camera Footage: Video recordings that may capture the events leading up to and including the injury.
Expert Testimony: Opinions from experts in security practices, who can assess whether the security guard’s actions were reasonable.
Damages You Can Recover: Compensating for Your Losses
If your case is successful, you may be entitled to recover various types of damages and seek compensation accordingly:
Economic Damages:
These are quantifiable monetary losses, such as medical expenses, lost wages, rehabilitation costs, and property damage.
Non-Economic Damages:
These are intangible losses, such as pain and suffering, emotional distress, loss of consortium (loss of companionship), and diminished quality of life. These damages are more difficult to quantify but can be significant.
Punitive Damages:
In cases involving gross negligence, recklessness, or intentional misconduct, punitive damages may be awarded. These damages are intended to punish the defendant and deter similar behavior in the future. They are typically awarded only in egregious cases.
What to Do If You’ve Been Injured by a Security Guard:
Seek Medical Attention: Immediately seek medical treatment for your injuries. Thorough medical documentation is crucial for supporting your claim.
Report the Incident: Report the incident to mall management and law enforcement. Obtain a copy of any police report.
Gather Evidence: Collect any relevant evidence, such as photos, videos, and witness contact information.
Contact a Lawyer: Consult with a personal injury attorney experienced in security guard liability cases. They can advise you on your legal rights, help you gather evidence, and represent you in negotiations or litigation. Do not speak to the security company or their insurance representatives without legal counsel.
The Crucial Role of Legal Counsel:
Dealing the legal complexities of a security guard injury case requires the expertise of a qualified personal injury attorney. A lawyer will help recover compensation but will first:
Investigate the Incident: Thoroughly investigate the circumstances surrounding your injury, gathering evidence and interviewing witnesses.
Assess Liability: Determine who is liable for your injuries and the strength of your case.
Negotiate a Settlement: Attempt to negotiate a fair settlement with the insurance company.
Litigate Your Case: If a settlement cannot be reached, your lawyer will prepare and file a lawsuit on your behalf.
Represent You in Court: Your lawyer will represent you in court, presenting evidence and arguing your case before a judge or jury.
Contact Bourassa Law Group
If you have been injured due to the negligence or misconduct of a security guard, you have legal recourse. Understanding your rights and seeking the assistance of a skilled personal injury attorney is crucial to protecting your interests and obtaining the compensation you deserve for your injuries and losses.
Don’t hesitate to seek legal advice; your well-being and financial future depend on it. We recommend connecting with our professionals and finding all the possible solutions for your problem. Our personal injury lawyer at Bourassa Law Group will personally look into your case and make sure you get your deserved compensation.
It doesn’t matter if it is an individual security guard or many police officers that need to be held accountable, we’ll have your back at all times. You can connect with us for a free consultation and we’ll ensure you get adequate compensation from the negligent party and other liable parties.
Recover Compensation and Take Reasonable Steps With Our Professionals Today!
1-800-870-8910