When Security Guards Cross the Line: Your Rights After Being Attacked by Private Security
You were just going about your day. Maybe you were shopping at a store, leaving a restaurant, or walking through a parking lot. Then a security guard approached you. What started as a simple interaction quickly turned violent.
Now you're hurt, confused, and angry. You might be wondering: "Can they do that? Don't I have rights?"
The answer is clear: Security guards are NOT police officers. They cannot legally assault you, even if they think you did something wrong.
Photo by Krzysztof Hepner on Unsplash
The Problem with Private Security Today
Private security companies are everywhere these days. You'll find their guards at shopping malls, restaurants, apartment complexes, office buildings, and special events. Many of these companies hire guards without proper training. Some don't even do background checks. This creates dangerous situations where untrained people think they have police powers.
The truth? They don't.
Security guards can ask you to leave private property, call the police if needed, and observe suspicious activity. But they absolutely cannot hit, punch, or physically attack you. They can't hold you against your will without good reason, search your belongings without permission, or use weapons unless truly defending themselves. In most cases, they can't even arrest you.
If a security guard crossed these lines, they broke the law. The company that hired them might be responsible too.
I've seen too many cases where security guards go way too far. A guard tackles someone for shoplifting a candy bar. A bouncer punches a customer who was just arguing. These are examples of excessive force. Security guards can only use the minimum force needed to protect themselves or others.
False imprisonment is another common problem. This happens when a guard stops you from leaving when they have no legal right to hold you. Maybe they lock you in a room, block your exit, physically restrain you, or threaten you if you try to leave. All of these actions are illegal.
Then there's assault and battery. Assault means making you fear you're about to be hurt, like raising a fist at you. Battery is actually touching or hitting you without permission. Both are serious legal violations that can result in criminal charges and civil lawsuits.
Some guards also engage in racial profiling or discrimination, targeting people based on race, age, or how they're dressed. This is both illegal and morally wrong.
Let me share some real examples.
Maria forgot to pay for a small item at a grocery store. When she realized her mistake and tried to go back and pay, a security guard tackled her in the parking lot, breaking her wrist.
James was asked to leave a restaurant after a disagreement about his bill. As he was walking out, two security guards grabbed him and held him in a back room for 30 minutes until police arrived.
Sarah was shopping when a security guard accused her of stealing. He followed her to her car and blocked her from leaving while yelling at her. She had done nothing wrong.
In all these cases, the security guards went way beyond what the law allows.
Who Can Be Held Responsible
When a security guard hurts you, several parties might be held responsible. Obviously, the individual guard who hurt you can be sued personally and might face criminal charges. But the security company that employs the guard is often responsible too. They might have hired guards without proper background checks, failed to train guards properly, not supervised their employees, or had policies that encouraged aggressive behavior.
The business owner who hired the security company might also be liable. If they knew the security company had problems, hired dangerous individuals, didn’t do proper training, encouraged aggressive tactics, or failed to provide proper oversight, they could be on the hook for damages.
What to Do If You've Been Hurt
If you've been hurt by a security guard, here's what you need to do right away. Get medical attention first. Your health comes first. Call the police and file a report about what happened. Take photos to document your injuries and the scene. Get contact information from anyone who saw what happened. Keep all records including medical bills, police reports, everything.
Don't sign anything the security company gives you. Don't give a recorded statement without a lawyer present. Don't accept a quick settlement offer, and don't wait too long to take action.
If you win your case, you could receive money for medical bills, both past and future. You might get compensation for lost wages from missing work, pain and suffering, and emotional distress. In cases where the security guard's behavior was particularly bad, you might even receive punitive damages designed to punish the wrongdoer and prevent future incidents.
Why You Need Legal Help
Here's why you need a lawyer: Security companies have lawyers. Property owners have insurance companies with lawyers. You need someone on your side who knows the law and can level the playing field.
A good personal injury lawyer will investigate what really happened, gather evidence you can't get on your own, deal with insurance companies, make sure you get fair compensation, and hold everyone responsible accountable. Many lawyers work on "contingency," which means you don't pay unless you win.
The law is on your side. Security guards and the companies that hire them are not above the law. When they hurt innocent people, they must be held accountable.
You have the right to shop without fear of being attacked, go about your business without being assaulted, feel safe in public places, and seek justice when wronged.
Don't suffer in silence. If a security guard hurt you, you're not powerless. The law protects you, and experienced lawyers can help you fight back.
Remember: What happened to you was not okay. You deserve justice, and you deserve compensation for what you've been through. Take action today. Contact a personal injury lawyer who handles security guard assault cases. Most offer free consultations, so you have nothing to lose and everything to gain.
Don't let security companies get away with hurting innocent people. Stand up for your rights.
If you want to talk about your case, give us a call: 505-416-4150.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is different. Consult with a qualified attorney about your specific situation.