Some interesting questions are presented in cases involving a negligent security guard, whose choices lead to personal injuries, other damages or even death. Was the security guard responsible for misconduct by another individual?
In Florida, the law requires property owners to keep people in their premises safe. That means these property owners can be held responsible if, in any way, they acted negligently and someone got injured or died. If you got injured or lost a loved due to a security guard’s negligence, consult with a reliable personal injury attorney in Miami to understand your legal options. Here are important things you need to know.
You may be shopping one day, and a security guard’s negligent choices or actions cause you injuries. Generally, a security guard’s job is always to protect the supervised objective, pacify guests, and prevent crimes. All these actions imply occasional use of force in a reasonable amount. Florida courts accept that professional security guards can use a reasonable amount of force when necessary. But negligent or intentional acts may lead to other people being injured.
In some cases, the physical harm that might be caused by a guard’s actions may arise from a disproportionate use of force. In such situations, these guards might commit an intentional tort such as assault or battery. You can prove this by revealing that the level of violence or threat used exceeded the reasonable amount of force required to solve that specific situation.
Also, the law does not allow security guards to detain anyone while waiting for the police. Otherwise, they can be accused of false or unnecessary imprisonment.
While ejecting an unruly individual from protected premises, a security guard must act carefully. This is because he or she can be liable whenever they act in a way that can cause harm to other people. For instance, when a guard pushes a client, and the client suffers a back injury as a result of falling, the law can hold the security guard liable. However, if you unruly, proving negligence isn’t an easy task. You will need the help of an experienced attorney.
Another instance where a security guard can be held liable of unlawful acts is when his negligence while executing his duties, collaborated with another person’s negligent behavior that resulted in harm or death. For instance, a gated facility hires guards to keep the property safe. If a criminal accesses that facility and the security personnel failed to do their job, the security service provider can be held liable for the criminal acts.
In case the security guard acted reasonably, and with his or her service scope, the employers can also be held vicariously liable. Also, if the employer failed to train the security guards properly and as a result, the security guard’s actions lead to harm, the law can hold the employer liable.