Security guards are meant to keep us safe. They patrol, monitor, and step in when things go wrong.
But what happens when a guard crosses the line, either by committing a violent act or by failing to prevent one? In some cases, this falls under the category of negligent security. This is where a guard or the company that employs them fails to take reasonable steps to protect people or property.
Can they really be held responsible, and how far does that responsibility stretch? The answer is not simple, and these consequences can reach beyond the individual guard.
When Criminal Liability Comes Into Play
First off, security guards are human. Like everyone else, they are responsible for their actions under the law. If a guard directly assaults someone, uses excessive force, or worse, commits a homicide, they can face the same criminal charges as any ordinary citizen would. Wearing a uniform does not give them a free pass.
However, that can become complicated when the violence occurs in the line of duty. Security guards may use reasonable force to protect people or property.
However, reasonableness is the key word. Courts will examine whether the guard overreacted, acted in retaliation, or disregarded protocols intended to maintain safety. A single, poorly judged physical altercation can escalate into a serious criminal case.
What About Civil Liability?
Even if a guard is not criminally charged, they could still be liable in civil court. For example, if someone gets hurt on a property because a guard failed to intervene when they reasonably should have, that may constitute a negligent security claim.
In these situations, the court will look at whether the guard breached a “duty of care,” which is whether they did what a reasonable professional in their position would have done.
However, liability can extend past the individual guard. Security companies and property owners can also be liable if poor training, understaffing, or lax supervision contributed to the violent crime.
Factors That Matter
Whether a security guard is held responsible for a violent incident is not an easy yes-or-no question.
Courts and investigators look at a few factors, such as:
Intent
At the heart of any legal question is the concept of intent. For example, if a guard punches someone in self-defense or to stop an immediate threat, that is very different from striking someone out of anger or revenge. Intent can mean the difference between a criminal charge and a justified use-of-force defense.
Scope of Duty
Where and when the incident happened matters a lot. If the act occurs while they are on duty, the courts will consider their professional responsibilities when determining liability in crime victim injury cases. Off-duty incidents are treated like any ordinary civilian situation.
Training and Protocol
Most security guards are not expected to be superheroes, but they must follow the training and procedures provided by their employer. Courts will examine whether the guard possessed the necessary tools and knowledge to act appropriately and whether they adhered to those guidelines or disregarded them.
Force Used
A guard is authorized to protect people and property, but using excessive force can result in serious legal consequences. Courts must decide if the guard’s actions were proportional to the threat they faced.
For example, using lethal force against someone who is throwing a punch could be seen as extreme, but subduing a violent attacker might be justified. Context is everything. These factors paint a full picture of the situation. Courts consider why it happened, whether it could have been prevented, and whether the response was appropriate under the circumstances.
Your Safety Is Important
Security guards can be held responsible for violent crimes, and they may face civil liability if they fail to act responsibly. Their employers can also face scrutiny if they contributed to the risk through negligence.
People rely on security guards to maintain order. When they fail to do so, then the guard and their employer could be liable under the law.
If you have been injured through negligent security, Laffey Bucci D’Andrea Reich & Ryan may be able to help. We will review your case to determine whether the guard and their employer failed to provide adequate protection, resulting in injuries.