Can I Sue for being Held against My Will by a Security Guard?

Security guards in California can detain someone under limited circumstances, whether it’s at a shopping mall, your workplace, airport, or any other location. However, there are very strict rules when it comes to a security guard holding you against your will and forbidding you from leaving the premises. So, the questions of “Can I file a false imprisonment lawsuit?” must be answered on an individual basis. The key is to determine whether the security guard had probable cause to detain you, and if they followed the proper protocols under California law.

While you were detained, you may have suffered injuries from unnecessary force. This is very common among store security, where the worker becomes overzealous and uses excessive violence to deescalate a situation. If you are a victim of false imprisonment and/or assault by a security guard, contact the personal injury attorneys of Normandie Law Firm. We will take immediate action to protect your rights and secure the compensation you deserve from a personal injury claim.

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Legal Authority by Security Guards to Detain Someone

Security guards – especially those with firearms – may seem to be on the same level as law enforcement. In truth, they are private citizens that are given limited authority to act in dangerous or potentially dangerous situations. They can also take actions to protect a property and other assets that are owned by their employer or a third party company.

In essence, a security guard detaining someone is a form of “citizen’s arrest” if they witness a public offense or felony. However, they are not a legal authority, so the police must be called immediately to take over and do whatever is necessary with the suspect. Per the laws in California, security guards must obtain licensing and go through training, which is governed by the Bureau of Security and Investigate Services. These requirements apply to private security guards, as well as security personnel for government properties.

When is it Legal for a Security Guard to Detain You?

In order for a detainment to be legal and not false imprisonment, a security guard must have probable cause to believe that you committed a crime or had intent to commit such an offense. For example, they witness you slipping merchandise into your pocket or see someone on security footage walking out of a store without paying for items in their cart. Or, they may notice a situation where people are fighting in the parking lot or fiddling with a lock to a restricted area. These are examples that constitute probable cause, which may allow security guards to detain one or more individuals.

Please note that even if a detention is warranted, police must be called right away so that the person is not held for a long period of time. At the end of the day, only law enforcement has the right to imprison someone on suspicion of a crime, so failure to contact the police promptly can make the detention unlawful.

During the time you are detained, security personnel must treat you with respect and refrain from using force unless it is absolutely necessary. If you were injured because of assault and battery by a security guard, you may have grounds to sue the business, security firm, or government agency for monetary damages.

What Do I Do if I am Detained by a Security Guard?

If you are detained by a security guard, make sure to be calm and polite, though you have the right to say nothing until the police arrive. You can ask why you are being held, but avoid getting emotional and do not persist with questions if the security guard refuses to answer you. We also recommend that you refrain from getting physical in any way and complying with the request to stay on the scene. The last thing you want to do is escalate the situation and give the security guard a reason to use force. If the security guard is injured because you resisted, this can also lead to criminal charges for you once law enforcement gets involved.

While you wait for the police, take note of:

• The security guard’s name, license number, and the employer
• Any surveillance cameras in the area and witnesses that saw the interaction between you and the security guard
• Any inappropriate behavior by the security guard, including threats or physical contact

If you believe that your legal rights were violated by a security guard, make sure to contact a Los Angeles false imprisonment lawsuit attorney.

What are My Legal Options?

Were you illegally detained by a security guard? Did you suffer injuries from a security guard using excessive force against you? If so, you can explore the option of filing a lawsuit for assault and battery or false imprisonment. From a lawsuit, you can receive various types of compensation, such as:

• Medical expenses
• Pain and suffering
• Lost wages and other income you were unable to earn due to your injuries
• Emotional distress
• Diminished quality of life
• Property damage
• Punitive damages

Though you can sue the security guard, it’s likely that the employer is liable for negligence, like hiring someone that was unfit for the job, not offering adequate training, and failing to fire a security guard after a prior incident of violence against others.

Let Us Help You on the Journey to Recovery

No one deserves to be stripped of their rights by an overzealous security guard. However, navigating the legal system is a tough endeavor if you wish to file a lawsuit for false imprisonment or excessive force by a security guard. You won’t be alone when you contact the Los Angeles office of Normandie Law Firm. Our lawyers are ready to hear your story and guide you through the legal process one step at a time. We will never give up on fighting for your interests and ensuring that justice is served for you and your loved ones.

Call us today to receive a free case review, along with the Zero Fee Guarantee. This agreement allows you to hire a security guard misconduct lawyer for $0 and not pay a single penny until your settlement is released by the other party. That means you lose absolutely nothing if we fail to win your case. We look forward to hearing from you and joining you on the path to recovery.

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Los Angeles False Arrest Attorney