According to the Marshall Project, up to 30% of security guards may be police officers who have been fired for misconduct like excessive force. Many of these security guards go too far when interacting with the public. Incidents involving harassment, assault, and false arrest are relatively common, and the most serious of these incidents involve armed security guards who use deadly force. Negligent security guards may also commit other offenses, such as sexual assault.
Although a security guard does not have the same level of power as a police officer, it is nonetheless a position of authority. All too often, security guards abuse this position of authority. Those who have been assaulted by security guards have legal rights. Victims should explore these rights in more detail with Tennessee negligent security lawyers. Contact King Law Offices at (888) 748-5464 to discuss the next steps. We proudly serve residents of Johnson City.
Summary of Security Guard Assaults and Negligence
Security guard assaults can give rise to criminal and civil legal issues, and individuals affected by excessive force or negligent security may have enforceable rights under Tennessee law.
- Security guards, despite lacking full police authority, may still engage in conduct such as assault, false arrest, harassment, or the misuse of deadly force, which can expose both the guard and the hiring business to liability.
- Individuals involved in these incidents may have the right to legal counsel for related criminal charges and may also pursue personal injury claims under theories such as premises liability and negligent security.
- The legal process can include requesting evidence from businesses, such as surveillance footage, written security policies, hiring records, and training documentation, including compliance with Tennessee requirements like Dallas’s Law.
King Law Offices provides legal services related to negligent security, premises liability, and related personal injury matters for individuals in Tennessee, including the Johnson City and Washington County areas.
You Have the Right to Legal Counsel
After a security guard assault, one of the most important rights is the right to legal counsel. In other words, a victim has the right to hire a lawyer. Two types of lawyers might be helpful in this situation. First, a victim has the right to a criminal defense lawyer if they face criminal charges in connection with the security guard assault. Criminal charges are quite common in these situations, and victims might face allegations of trespassing, shoplifting, public intoxication, and so on. Perhaps private security assaulted a victim before police arrived and carried out an arrest. Sometimes, both security guards and police officers exert excessive force together. In this situation, a criminal defense attorney can help the victim fight for their rights. If a victim cannot afford a lawyer, the state must provide one free of charge.
Victims of security guard assaults can also work with personal injury attorneys. A security guard assault falls into the general category of premises liability and negligent security. This means that the victim can potentially sue not only the individual security guard, but also the property owner. The business that hired the security guard may also become liable for the assault. Note that most personal injury lawyers use a system of “contingency fees.” In other words, a victim pays their legal fees after they receive compensation. If the lawsuit is not successful, no legal fees are necessary under this system. However, a victim may still need to pay for an initial consultation with a personal injury law firm. Contact King Law Offices to learn more about this process.
You Have the Right to Request Evidence From the Business
If a victim believes that the business that hired the security guard may have relevant evidence, they have the right to request this evidence during the “discovery” pre-trial phase. During this process, each party can request information from the other in preparation for a trial.
You Can Get Access to Video Surveillance Footage
A victim and their lawyer might request security camera footage from the business in question. This footage may show the assault, helping to establish whether the initial use of force was justified. A security guard may claim that the victim initiated the violence, but the footage may tell a very different story. Based on the footage, it may be clear that the security guard approached the victim and started beating them for absolutely no reason.
You Can Get Access to Written Company Policies
A victim and their lawyer can also request various documents from the business. These might include written security policies. If a victim can establish that a security guard violated their own written policies, it may be easier for them to pursue a successful lawsuit. For example, the business in question may have a policy that requires security guards to call the local police before using deadly force. If the security guard ignored this policy, this may represent clear negligence.
You Can Get Access to Hiring Documents
Hiring and recruiting documents may also be useful during a negligent security lawsuit. These documents may indicate that the company failed to properly vet the security guard before hiring them. For example, the security guard may have had a dark history as a police officer before switching to the private sector. Perhaps they were fired from multiple police departments for excessive force, racial profiling, sexual harassment, or other misconduct. If a victim can establish that the company knew (or should have known) about these red flags, it may be easier to successfully pursue a negligent security lawsuit.
You Have the Right to Report a Dangerous Security Guard
If police officers did not attend the interaction with the security guard, a victim has the right to report this incident to the local authorities. In fact, it makes sense to report the incident as soon as possible, even if police officers arrive at the scene. When a victim reports a security guard assault, the local authorities can investigate it in more detail. During their investigations, they may discover various violations. For example, the security guard and their employer may have failed to comply with “Dallas’s Law” in Tennessee. This law states that security guards must complete training programs in de-escalation, safe restraint, CPR, and first aid.
Learn More About Security Guard Assaults With King Law Offices
A security guard may abuse their position of authority in various ways. This negligence might involve physical violence, verbal harassment, psychological humiliation, and sexual abuse. Security guard negligence might also involve the failure to act and protect a victim from obvious harm. Due to these varying factors, it makes sense to contact an experienced negligent security lawyer in Tennessee to discuss the specific circumstances of each situation. During these discussions, lawyers can help victims understand their rights in more detail. A negligent security lawsuit could be possible, and these lawsuits could help victims recover compensation for medical bills, lost wages, emotional distress, humiliation, and more. Continue this conversation by contacting King Law Offices at (888) 748-5464. We proudly serve residents of Washington County.
Important Frequently Asked Questions About Security Guard Assault
The following frequently asked questions address common legal issues related to security guard assaults and negligent security claims.
What Is Considered a Security Guard Assault Under Tennessee Law?
A security guard assault generally involves the use of unreasonable or excessive force by a private security employee. This conduct may include physical violence, unlawful restraint, or other actions that exceed what is permitted under the circumstances.
Can a Business Be Held Responsible for a Security Guard’s Actions?
In some cases, a business may be held liable if a security guard assault occurs during the course of employment. Claims often arise under premises liability or negligent security theories, particularly when inadequate training, supervision, or hiring practices are involved.
What Legal Rights Exist After an Alleged Security Guard Assault?
Individuals may have the right to pursue both criminal defense representation and civil legal claims, depending on the circumstances. Civil claims may seek compensation for injuries, losses, or other harms connected to the incident.
What Types of Evidence Are Commonly Used in Negligent Security Claims?
Relevant evidence may include video surveillance footage, written company policies, incident reports, and witness statements. Hiring records and training documentation can also play a role in evaluating whether a business acted negligently.
How Does Video Surveillance Footage Affect These Cases?
Surveillance footage can help clarify how an interaction began and whether the use of force was justified. In many situations, video evidence provides an objective account of events that supports or contradicts witness statements.
Why Are Security Guard Hiring and Training Records Important?
Hiring and training documents may reveal whether a security company properly screened and prepared its employees. A failure to address prior misconduct or provide required training could be relevant in a negligent security claim.
What Is Dallas’s Law and How Does It Apply to Security Guards?
Dallas’s Law in Tennessee requires security guards to complete specific training in areas such as de-escalation, safe restraint, CPR, and first aid. Noncompliance with these requirements may be considered when evaluating potential negligence.
How Can King Law Offices Assist With Security Guard Assault Matters?
Consider visiting with an experienced attorney at King Law Offices to learn more about available legal options related to negligent security or premises liability claims. The team at King Law Offices works to ensure clients understand their rights and potential legal paths under Tennessee law.
