Can You Sue a Security Guard? How and When
In case you have ever wondered if one can sue a security guard? The answer is, yes. Such suits fall under personal injury committed on another by the security guard. Although security guards also help to maintain law and order, unlike law enforcement agents, they do not have the right to touch another beyond what is defined as “minimally necessary”. They are expected to carry out their obligations of keeping lives and property secure, but not at the expense of the rights of another.
So, yes, if you as a security guard assaults or harms another who wasn’t a threat, you could be liable to a suit. However, there is an exception to this, where the security guard acts in self-defense. The right to self-defense is available to all citizens, whether or not they are security guards. Thus, it is legally justifiable for a security guard to overpower or restrain someone who poses a threat by wielding a weapon or causing a dangerous situation.
In the event of causing bodily harm or injury to another while on duty, immediate steps should be taken to document the happening and get medical attention, because the injured person still has the right to life.
A security company could also be sued under the principle of vicarious liability or premises liability. Where a security guard is being sued, the security company who hired them could have been negligent in their training, and are thus responsible for their acts and omissions. Usually, the employer is named along as a defendant because they are the ones most likely to have the financial capabilities to pay a settlement or jury award.
Whichever side of the divide you are on, engaging the services of a lawyer is crucial. This is where we will mention that having an insurance policy will be of great advantage.