Security guards can be held liable for negligence if they fail to exercise the reasonable care that would be expected of them in their role and that failure results in injury or damage to a person or property. Negligence occurs when a security guard breaches their duty of care, causing harm or damage that could have been prevented had they acted responsibly.
Security guards can potentially be held liable for disturbing the peace incidents if they create or exacerbate a situation in which public order is disrupted. Creating or exacerbating a situation and disrupting public order might include using excessive force, engaging in aggressive behavior, or escalating a situation instead of de-escalating it. However, liability for such incidents would depend on the specific circumstances of each case and whether the security guard’s actions were a direct cause of the disturbance.
Is the Employer Liable?
Employers can also be held liable for the actions of their security guards, especially in bars and restaurants, where they have a duty to provide a safe environment for their patrons. This concept is known as vicarious liability.
If a security guard commits negligence or an intentional tort while acting within the scope of their employment, the employer may be held responsible for any resulting damages.
Example
Suppose there is a popular nightclub called “Club X,” which employs a team of security guards to maintain order and ensure the safety of its patrons. One night, a patron named Jane becomes involved in a verbal altercation with another guest. The situation appears to be escalating, so a security guard named John intervenes to defuse the situation.
However, John, the security guard, acts aggressively and uses excessive force to remove Jane from the premises. He forcibly grabs her arm, twists it behind her back, and shoves her out of the club. As a result, Jane suffers a fractured wrist, severe bruising, and emotional distress.
In this case, John may be held liable for his negligent and intentional tortious actions. He used excessive force and acted in an aggressive manner that was beyond the scope of reasonable force necessary to maintain order in the club. Additionally, Club X, as John’s employer, may also be held vicariously liable for the resulting damages, as John was acting within the scope of his employment when the incident occurred.
Jane decides to pursue legal action against both John and Club X. She hires a personal injury lawyer who handles security guard negligence and intentional tort cases. Her attorney gathers evidence, such as witness statements, medical records, and surveillance footage from the nightclub, to build a strong case against John and Club X.
During the legal proceedings, it was discovered that Club X failed to properly train and supervise their security guards, including John, on how to handle altercations without using excessive force. This evidence of negligence on the part of Club X further strengthens Jane’s case.
Ultimately, the court finds both John and Club X liable for Jane’s injuries. John is held accountable for his excessive use of force and aggressive behavior, while Club X is held vicariously liable as his employer. Jane is awarded damages to cover her medical expenses, lost wages, pain and suffering, and any additional costs incurred due to her injuries.
This example illustrates how a security guard’s negligent or intentional actions can result in liability for both the guard and their employer. Proper training and supervision of security personnel are essential to prevent such incidents and protect businesses from potential legal consequences.
Assault and Battery
Security guards can be held liable for intentional torts, such as assault and battery, if they intentionally cause harm or fear of harm to another person. While security guards have the authority to use reasonable force to protect property or persons, using excessive force or acting with malicious intent can result in liability for assault and battery.
A personal injury lawyer may be necessary in cases where a security guard has committed an intentional tort, as these cases often involve complex legal issues and require a skilled attorney to navigate the claims process effectively.
When Is a Security Guard Negligent?
Security guards may be considered negligent when they fail to act with the level of care and competence expected from a professional in their position.
Failing to Adequately Monitor the Premises
Example: A shopping mall employs a team of security guards to patrol the area and monitor security cameras to prevent theft and vandalism. One day, a security guard named Sarah decides to take an unauthorized break and leaves her post, neglecting to monitor the security cameras.
During her break, a group of thieves enters the mall and breaks into several stores, stealing valuable merchandise. The thieves also vandalize the property, causing significant damage.
If Sarah had been monitoring the premises as required, she could have alerted the mall management and local authorities, potentially preventing the theft and damage. In this case, Sarah’s negligence in failing to adequately monitor the premises could result in liability for her and the security company that employs her.
Failing to Respond Promptly and Appropriately to Emergency Situations
Example: At a hotel, a guest named Tom suffers a severe allergic reaction and collapses in the lobby. Several witnesses immediately inform the security guard, David, about the situation, requesting him to call for medical assistance. However, David dismisses their concerns and fails to take any action, assuming Tom is simply intoxicated. As a result, Tom’s condition worsens, and he suffers permanent brain damage due to the delayed medical response. In this case,
David’s failure to respond promptly and appropriately to the medical emergency could lead to liability for both him and the hotel.
Using Excessive Force
Example: A sports stadium employs a team of security guards to maintain order during events. During a particularly heated game, a fight breaks out between two fans. A security guard named Mike intervenes to separate the individuals, but in his attempt to restore order, he loses his temper and punches one of the fans in the face, breaking the fan’s nose. The injured fan requires medical treatment and suffers from ongoing pain and discomfort as a result of the injury.
In this instance, Mike’s use of excessive force and aggressive behavior could lead to liability for him and the sports stadium for the injuries sustained by the fan.
Should I Contact a Business Lawyer?
If you believe that you or your business has been harmed by the negligence or intentional actions of a security guard, contacting an experienced business attorney is a crucial step in protecting your interests. A business attorney can:
- Evaluate the merits of your case and provide legal advice on your options for pursuing a claim.
- Help you gather evidence, such as witness statements, surveillance footage, and other documentation, to support your case.
- Represent you in negotiations with the security guard’s employer, their insurance company, or in court, if necessary.
- Assist in calculating the damages you may be entitled to, including medical expenses, lost wages, pain and suffering, and other relevant costs.
By working with a skilled business attorney, you can ensure that your case is handled effectively and professionally, increasing your chances of achieving a favorable outcome.
