Unlawful Pepper Spray Attack by Security Guard Lawsuit

Did you sustain injuries from being pepper sprayed by a security guard? Do you believe that the security guard lacked legal justification to use pepper spray on you, meaning you were not posing a threat to their safety? If so, contact our law firm and speak to an attorney with experience in illegal use of pepper spray and other tear gas weapons.

Pepper spray is a popular form of self-defense, as it’s easy to obtain and carry in your purse, coat pocket, or even on a key chain. These products even come in stylish canisters in various colors and prints, and there’s no need to obtain a license to buy and possess pepper spray. However, it’s essential to understand that the ingredients in pepper spray can cause serious harm. This includes injuries to your eyes, skin, and lungs, along with potentially fatal complications in some people.

As an injury victim, you have the right to seek legal advice from an unlawful use of pepper spray by security guard lawsuit attorney. That’s precisely what we can offer you here at Kenmore Law Group, so contact us today and schedule a free, no-obligation case review.

Is Pepper Spray Legal in California?

Yes, pepper spray is legal for those in California who are of adult age (at least 18 years old) and do not have a felony conviction, addiction to drugs, or prior conviction for unlawful use of pepper spray. However, the law makes it clear that “tear gas weapons are used solely for self-defense purposes.”

Pepper spray falls under the category of tear gas, which causes pain and discomfort in order to temporarily disarm an individual. Pepper spray can cause temporary blindness and burning / stinging of the skin and eyes. It can also cause breathing problems, which are temporary for most people. However, the irritants in pepper spray can cause severe allergic reaction in certain individuals.

Restrictions on purchasing, possessing and using pepper spray in California include:

• Not selling or giving pepper spray to a minor
• Limiting the size of a pepper spray canister or product to no more than 2.5 ounces by weight.
• Requiring that the canister contain a label with these words: “WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous–use with care.”

What Makes Pepper Spray Dangerous

Compared to firearms and most other weapons, pepper spray is easy to buy and use in the event your life in in danger. And many people assume that the chemicals in pepper spray only cause minor injuries. But this is not true depending on multiple factors, including the individual’s health and pre-existing health conditions. The ingredients and strength levels (percentage of capsaicinoid, for example) also impact how badly someone can be injured from pepper spray.

As we mentioned before, pepper spray and tear gas products in general are not meant to be used for any reason other than self-defense. That means you must have cause to believe you are in imminent danger in order to use pepper spray against another individual. Unfortunately, this rule is lost on many security guards, either due to poor judgment, lack of training, or anger management issues.

The reality is, there have been people who have died from stroke and cardiac arrest from being pepper sprayed. These reactions are not common, but the possibility that it can happen is why pepper spray must be used with caution, and only if such a level of force was necessary to stop yourself from being harmed.

During a free consultation, our legal experts can advise you of your rights and legal options if you were injured from an unlawful pepper spray incident. We can also help if your spouse or family member passed away from complications caused by illegal usage of pepper spray.

Statutory Deadline to File a Pepper Spray Injury Lawsuit

The state of California has strict rules on the amount of time you have for a lawsuit. In personal injury cases, the statute of limitations to file a claim is normally 2 years from when the incident occurred. So, that’s how long you have to sue the security guard, their employer, the owner of the property, and anyone else who is responsible for your injuries. Please note that circumstances may exist in your case that can change the deadline for a pepper spray assault and battery lawsuit. By contacting our law firm, you can ensure that a claim for injuries caused by pepper spray is filed on time.

We mentioned before that some people can die due to a severe reaction to the chemical agents in a pepper spray product. Loved ones of the decedent can explore the option of filing a wrongful death lawsuit for damages like funeral expenses, medical costs, and pain and suffering. The statute of limitations for a negligent death claim in the state of California is 2 years from when the victim passed away.

Pepper Spray Injury Claims against the Government

There’s no denying that security guards are a familiar fixture at government buildings, as they serve a vital purpose to the people on the premises. However, some of these professionals can lose their cool and use pepper spray to diffuse a situation that did not require the use of weapons. Whether this is a result of poor judgement or malicious intent does not matter in terms of the victim’s right to sue for monetary compensation.

However, the time limit to file a government liability claim is only 6 months. This is much shorter than the period of 2 years you normally have for a personal injury lawsuit. Thus, it’s in your best interest to contact an unlawful use of pepper spray lawyer as soon as possible. Our law firm has attorneys with decades of experience in accident and assault claims against city governments, school districts, and other public entities. Don’t hesitate to give us a call if you or someone in your family was pepper sprayed when they were not posing a clear danger to someone else.

Zero Fee Guarantee

The cost of hiring a lawyer is a major concern for those who need legal advice and guidance on a personal injury case. Here at Kenmore Law Group, we don’t believe in charging upfront for the cost of legal fees. That’s why we provide all clients with the Zero Fee Guarantee, so you pay $0 to hire a pepper spray attack lawsuit attorney. The cost of representing you is recovered once you receive your settlement check, and this is the only way we get paid, so you owe us nothing if we fail to win your case.

Contact us today for more information on suing for injuries or death from unlawful use of pepper spray by a security guard.