Security guards tread a fine line between safety and negligence. They are expected to keep the peace and remove unruly guests without causing injury. However, sometimes a security team member can take their duty too far and injure a person. In these cases, negligence will need to be proven for the injured party to file a personal injury claim against the security guard.
Depending on the jurisdiction, security guards can use a reasonable amount of force to maintain the peace. Due to this, bouncers and other types of security can push, herd, or even carry unruly guests out of an establishment if deemed acceptable. However, a security guard can be found liable for a personal injury if they breach their duty, causing injury to a person ejected from an establishment. In the case of negligence, intent doesn’t matter. If the guard was careless, reckless, or even if it was a simple accident, the security guard could have a claim filed against them. It is, however, challenging to prove negligence on behalf of the security team member. To prove liability, make sure you contact an experienced personal injury lawyer to help assist in your case.
If a security guards uses excessive force or commits a civil wrong on purpose against a patron, the guard can be charged with intentional tort. The guard can further come under investigation and be charged with assault or battery depending on the case. Assault differs from battery in that assault does not require the patron to be physically touched by the security guard. When it comes to assault, the patron can feel a sense of apprehension or imminent physical harm. However, if physical contact occurs, such as a guard punching a patron, the charge increases from assault to battery.
Proving liability in these cases can be difficult without the assistance of an attorney. In general, if excessive force was used against a patron to eject them from a location, there is a possibility of an intentional tort. Contact the Law Office of Stanley A. Davis today. We are happy to give you compassionate advice about your injury claim in an initial case review, free of charge.
1 Corinthians 16:13, “Be on your guard; stand firm in the faith; be courageous; be strong.”