Security guards have a tough job, but in their attempts to protect others and property, they can make a mistake and use unnecessary force and cause unreasonable injury. This is a common occurrence at bars in California. If this happens, their employer could be liable for the wrongful conduct of their security guard.

If you’ve been hurt by a security guard who exceeded their authority, then you may have the right to fair compensation for your injuries. At Maison Law, our security guard lawyers have dealt with these types of incidents and know how to negotiate a settlement for our client. To learn what rights you might have, contact us for a free, no-obligation consultation.

California Law Overview of Security Guard Altercations

When a California security guard hurts another person without legal justification, there can be several statutes that could come into play.

Section 245(a)(1) of the California Penal Code

This statute deals with criminal assault cases where an individual uses a deadly weapon other than a firearm. If a security guard is found liable for violating this penal code, then it makes it difficult for the insurance company to argue you aren’t entitled to compensation for your injuries.

Great Bodily Injury Under Section 12022.7 of the California Penal Code

If the security guard’s assault or unlawful behavior results in great bodily harm, he can face steeper criminal penalties. “Great bodily harm” can refer to injuries such as:

Along with these steeper penalties often come great compensable damages against the security guard and their employer. All of this means that the security guard’s pending criminal charges become very relevant when seeking compensation for your injuries.

Holding an Employer Liable For the Wrongful Acts of Their Security Guard

If a security guard crosses a line and wrongfully harms another person, such as a patron, guest, or other member of the general public, their employer could be vicariously liable. For this to happen, certain conditions must be met:

The security guard was an employee of the employer;
The security guard was acting within the scope of their job duties when the incident occurred; and
The wrongful injury was reasonably foreseeable by the employer.

The reason for this vicarious liability is that the employer has a duty to provide appropriate training, supervision, and hiring practices when it comes to its security guards. For example, when hiring security guards, the employer is in a position to run background checks to see if the security guard has a history of committing assaults or other violent crimes.

Imagine a security guard assaults a customer and the employer didn’t run a background check, which would have revealed a criminal history of violent crimes. The person hurt by the security guard would have a legitimate legal claim for damages against the employer, even though it was the security guard that actually hurt them.

This vicarious liability can apply to employers, whether the employer is a security firm or a business that directly hires a security guard to protect their bar or club, for instance.

Potential Liable Parties in a Security Guard Injury Lawsuit

If you need to file a civil suit to obtain compensation for your injuries, in addition to the security guard’s employer, you may also be able to sue:

The security guard himself.
The business that contracted with the security guard’s employer for security services (if applicable).
Any other individuals that assaulted you during the altercation.

Damages You Can Recover If a California Security Guard Hurts You

If a security guard hurts you in an unjustified way, you can likely pursue damages against them and their employer. If you end up going to court to sue for your personal injuries, you could potentially claim up to three types of damages

Economic Damages

These are financial losses you suffer directly due to the security guard’s actions. These include damages that are usually easier to calculate, such as:

Medical bills
Lost income
Cost of living expenses you now have to pay as a result of your injuries. An example might be hiring a professional to do yard work around your house that you’re no longer able to do yourself.

Non-Economic Damages

These are “soft” damages that are non-financial in nature. They’re inherently subjective because they apply to things like:

Emotional distress
Loss of consortium
Pain and suffering
Stress and anxiety due to the incident

Punitive Damages

Punitive damages are unique because they aren’t designed to compensate you for what happened. Instead, they’re supposed to punish the security guard and/or their employer for what happened.

Courts are willing to award punitive damages in cases where the liable party’s conduct is egregious and should be condemned. This means a defendant won’t usually have to face punitive damages for regular negligent acts, but instead for reckless or intentional ones.

For example, imagine you were hurt by a security guard who used excessive force against you. Turns out, the security guard was high at the time of the incident and had a criminal history of assault. If the security guard’s employer forgot to run a background check and you sue the employer, then you’ll probably recover economic and non-economic damages, but no punitive damages.

Now change the facts around a bit. Assume the employer purposely hired the security guard because of their violent propensity and drug use. And the employer wished for unruly patrons to be “roughed up as much as possible.” In this extreme case, the employer would probably be hit with punitive damages if their security guard unreasonably hurt another person during the course of their job duties.

Contact a Security Guard Personal Injury Lawyer at Maison Law

A night out on the town shouldn’t result in you getting hurt by a security guard. But if you’re unfortunate enough to have this happen, you may have the right to compensation from the security guard and/or their employer.

To learn more about your legal options and how to take advantage of them, contact Maison Law today. There’s no cost to you until we recover money on your behalf. This means the consultation is free and there’s no obligation to hire us if you don’t want to. You’ve got nothing to lose by getting in touch.

California Injured By a Security Guard Lawyer