Security Guard Assault and Battery Lawyer
Assaulting someone without legal justification has harsh consequences under the laws in California. But the laws on assault and battery can be quite complicated when the assailant is a security guard. If you were injured by excessive or unnecessary force by security personnel, what are your legal rights?
You may have grounds to file an assault and battery lawsuit if a security guard used physical force that caused you bodily harm. If you would like to verify your eligibility for legal action, please contact our law firm without delay. That way, you can receive a free consultation from a security guard assault injury attorney. Whether you are the injured party or someone in your family was beaten up by a security guard, our legal team is here for you 24 hours a day, 7 days a week.
Assault and Battery under California Law
The words “assault” and “assault and battery” get tossed around a lot, but it’s essential to understand what these terms mean in a legal sense. Under the law, assault refers to any type of conduct that instills a certain level of fear in others. To clarify, a reasonable person in the same situation would feel that they were in danger based on the perpetrator’s words or actions. So, if you were threatened with bodily harm or the person made a gesture of cutting someone’s throat while trying to intimidate you, they would be committing assault.
If physical contact occurs, that’s when the assault charge becomes assault and battery. Unfortunately, assault or assault and battery by security guards are very common, and these incidents happen in nightclubs, shopping malls, bars, hotels, government buildings, and many other places. Physical violence by a security guard may serve as grounds for a civil lawsuit and/or criminal prosecution.
When Physical Force can be Used by Security Guards
Security guards have an important job in terms of protecting the public, and this may involve some level of force against others. However, physical contact can only take place under limited circumstances, considering the potential for injury and death.
Security personnel are allowed to use force if it’s needed to prevent bodily harm, meaning self-defense or to keep someone else from being hurt. Security guards can also restrain and detain someone, but they cannot do this on mere suspicion of wrongdoing. In addition, force can only be used as a last resort, when no other measure can reasonably deescalate the situation. Even then, the amount of force must be appropriate given the level of threat. This is why inadequate training and poor judgement by a security guard can lead to severe injuries of a physical and emotional nature.
Injuries if You are Assaulted by a Security Guard
If a security guard used unnecessary force that caused you to be injured, you may have to live with serious complications for the rest of your life. Injuries from assault and battery by a security guard include:
- Cuts, abrasions, and bruises
- Broken bones
- Joint dislocation
- Neck or spinal cord damage
- Rupturing of internal organs
- Facial disfigurement
- Traumatic brain injury
- Lost or broken teeth
- Hearing loss
- Impaired vision
- Soft tissue injuries
- Permanent paralysis
- Complex regional pain syndrome
Aside from physical injuries, victims often struggle with mental health disorders like PTSD. Sleep disorders, social phobias, panic attacks, and other effects of being physically attacked also count as injuries that can qualify you for emotional distress and other non-economic damages.
Suing for Excessive Force by a Security Guard
Negligence or reckless disregard by a security guard can lead to incidents where people are injured or killed. Below are some of the parties that may be sued by victims of an assault or the surviving family members:
- The security guard – as the perpetrator of the abuse, you have the right to sue the security guard for inflicting physical violence or excessive violence. Many of these incidents involve firearms or highly risky maneuvers like chokeholds.
- Security company – the firm that employs the security guard may be liable if they were negligent in their duty of care during the hiring and training process. Negligence by a security company can also happen during the course of employment if they fail to fire or take other punitive actions when there are allegations of misconduct, like physically restraining someone without an appropriate reason.
- Owner of a Business or Property – if the business or premises owner hired the security guard, they may be liable for negligent hiring, training, supervision, etc.
One thing to note is that liability may be shared by multiple parties, even third parties aside from the security guard, the employer, or the owner of the property. Split liability claims are extremely complex, but it can increase the amount of damages for the victim. With that in mind, it’s important to find a security guard assault and battery lawyer to fight for your interests.
Restitution for Assault and Battery Victims
Security guard assaults can happen at a store, college campus, hotel, and many other places you are likely to visit. No matter the location, unjustified physical force by security guards cannot be ignored. A civil lawsuit for monetary damages can help victims recover:
- Current and future medical costs
- Lost income for as long as the victim’s ability to work is impaired
- Lost earning capacity if your job performance is permanently impaired by the incident
- Pain and suffering
- Property damage
- Punitive damages
The security guard injury lawyers of Kenmore have the skills and experience to negotiate the highest settlement on your behalf. If needed, we are more than prepared to try your case in court, but only a small fraction of these cases go to trial.
What You Should Do after being Assaulted by a Security Guard
Proving that someone else’s negligence is why you were injured requires evidence and compelling legal arguments from an assault and battery attorney. After an unjustified physical assault, here are the steps you should take:
- Get treated for your injuries– don’t put off medical treatment, as you will need hospital bills, prescriptions, doctor’s notes and other records that clearly establish the harm you suffered.
- Contact the police – make sure to contact the police and file a report, which is another form of evidence to show that you were injured by a security guard assaulting you. The officer that takes down your information will give you instructions on how to obtain an official copy of the report.
- Contact a security guard misconduct attorney – the legal process for an assault and battery claim can be very difficult to navigate. A lawyer specializing in assault and battery by security guards is crucial to a successful outcome for injury victims and their families.
Suing for Assault and Battery – How Much Time Do I have?
The statute of limitations in California for an assault and battery lawsuit is 2 years. With limited exceptions, the 2-year window begins on the date of injury, i.e., the day you were assaulted. If the lawsuit is for wrongful death caused by security guard excessive force, a spouse of family member can file a claim within 2 years of the victim’s death.
The deadline for a lawsuit can change for cases that are filed against public entities. For example, you may have been assaulted by security officers at an airport, school building, or some other entity of the government. Government agency claims for injury or death have a deadline of 6 months from the incident date or when the victim passes away. In the event you miss the statute of limitations for a lawsuit, you will lose the right to seek compensation from the parties at fault.
Contact Kenmore Law Group
There are very few instances where physical contact by a security guard is necessary, and even when it is, violence beyond what is necessary is unacceptable. Kenmore Law Group is ready to fight for the rights of assault and battery victims and make sure that the liable entities pay for their wrongdoing.
As part of our commitment to those who are assaulted, we provide legal services under the Zero Fee Guarantee. That means you as the client do not pay anything out of pocket, and we only get paid by securing a percentage of your settlement. In essence, we don’t make a penny unless you are compensated from a security guard excessive force injury claim.
Contact the Los Angeles assault and battery lawyers of Kenmore today for a free consultation on your rights and legal options.
