Fell Down while being Chased by a Security Guard – Can I Sue?

The concept of suing someone that has assaulted you is easy to understand, but what if the injury occurred without the person putting their hands on you?

For example, let’s say you were asked to remain at the store by a security guard because they suspect you had stolen merchandise on you. You know your rights and tell them to call the police. You wait for the police to arrive, but 30 minutes goes by and it’s clear that no one has contacted the authorities. Because you have other errands that need to get done, you tell the security guard that you are leaving, as they are taking too long to call the police and they have no reasonable cause to suspect you of shoplifting. You start to walk out of the store, but the security guard tells you to stop and starts to walk towards you with a set of handcuffs.

Refusing to be detained for no reason, you run out into the parking lot and look back to see the security guard chasing after you. As you turn back around, you run into a shopping cart that’s been left out by another customer. As the cart falls over, you tumble down to the ground and end up with a head injury and a dislocated shoulder.

Anyone in this situation may find themselves asking, “I fell and was injured because I was being chased security guard by store owner. Can I sue?”

Victims of unlawful conduct by a security guard have the right to seek compensation from the responsible entities. Our law firm is here to advise you of your rights and legal options, so contact us right away and schedule a free case evaluation.

Our Recent Verdicts and Settlements

Do I have a Case if I Fell Down from being Chased by a Security Guard?

Yes, you have the right to sue for injuries that resulted from being chased by a security guard if they engaged in unlawful conduct or physical violence without justification. The truth is, people don’t always run from security because they are guilty of something. Sometimes, it’s the security guard that engages in unlawful conduct, and as a result, the person feels the need to get away from them. In the introduction to this article, we gave an example of unlawful detainment, and this is the leading cause of why people take off even though they are told to stop by a security guard.

It’s important to note that you can be approached by security if they suspect that you may have done something wrong. But they must keep their hands off of you unless there is a valid reason, like you are making threats or pull out a weapon. And if you say you’re leaving the store, they can’t forcibly detain you without probable cause, like finding an item in your cart that you didn’t pay for.

But even if they have probable cause and you flee from the scene anyway, they can’t tackle you down and cuff you, or take actions that you commonly associate with the police. They also can’t pursue you with a vehicle if you get into your car and take off from the property. Generally, they need to call the police and have them question and/or search you instead of taking the law into their own hands.

To ensure that you understand your rights, let’s go over some of the circumstances that can serve as grounds for a security guard false imprisonment lawsuit:

• Detaining someone without evidence or reasonable cause
• Singling out someone because of their gender, race, age, or another physical characteristic.
• Keeping someone in custody without calling the police for an unreasonable amount of time.
• Handcuffing the individual or placing other physical restraints on them without legal justification.
• Forcing the person to sign a confession before they can leave.

Who can I Sue if a Security Guard is Responsible for my Injuries?

In most cases, the principle of vicarious liability allows you to sue the security guard’s employer. This is a legal principle where an employer may be sued for negligent or reckless conduct by their employee. Thus, if you fell down while being chased by a shopping mall security guard, you may be entitled to compensation from the owners of the shopping mall.

Sometimes, property owners use a third party company to hire security guards. So, it’s possible that you will need to sue the security firm, as they are the employer of the individual that chased after you. In some cases, you may have grounds to sue both the security and the business / property owner. As you can see, determining who is liable for an accident is not always black and white. This is why it’s important to seek legal advice from a security guard assault attorney as soon as possible.

Fall Accident Injury Claim Case Values

Fall-related injury claims can have values ranging from $15,000 to over $3,000,000 based on the severity of injuries, negligence by the liable entity, and the monetary losses resulting from the incident. Keep in mind that monetary damages may include non-economic payments like emotional distress and pain and suffering. Additionally, excessive negligence or misconduct is often a factor in cases of injuries caused by a security guard. These are just some of the issues that are used to determine how much we can ask for on behalf of an accident victim. To find out the amount of compensation you are entitled to, please schedule a free consultation.

How Long will It Take to Settle my Lawsuit?

Claims involving misconduct or negligence by a store employee can take anywhere from 6 to 18 months to settle. Generally, cases with serious injuries, particularly those that cause disability, will take the longest. Depending on the legal action we will need to take, the settlement process can take 1 to 2 years, and over 3 years if the lawsuit is tried in court. If you have mild to moderate injuries, it’s likely that your claim will be settled within 4 to 10 months, as long as the other side is willing to negotiate in good faith.

Length of Time to File a Lawsuit for Negligence by a Security Guard

As a general rule, the deadline to file a claim for personal injury is 2 years in the state of California. The statute of limitations begins on the day you were injured, which is normally the date of the accident. But there may be exceptions if you have an injury that is not discovered until a later date. This can happen with brain damage and other health conditions that develop over a long period of time. If you have a delayed discovery or illness or injury and it’s been more than 2 years since the incident date, the courts may grant you 1 year from the date of diagnosis to file a lawsuit.

Another exception involves security guards that are government employees. With these incidents, you must file a claim with the appropriate government entity, like the city of Los Angeles or the State of California. You only have 6 months to file a government liability claim, and each of these entities has their own claim forms that you will need to obtain online or from a government office. If your claim for payment is rejected in writing, you are allowed 6 months for a lawsuit through the civil courts.

There is more you will need to know when it comes to filing an injury claim against the government, so contact us immediately if you got hurt while being chased by a security guard on government property

Contact Our Law Firm

While security guards serve a vital purpose, there’s no denying the incidents of poor judgement and excessive violence that are frequently associated with these individuals. Victims of excessive violence or other unlawful conduct by security personnel have the right to seek compensation for their physical and emotional injuries.

Here at Normandie, we have a Zero Fee Guarantee that protects our clients from the very first consultation. We promise that you will pay $0 to hire us, and you will not be charged for any services throughout your case. Our payment is included in the settlement you receive from the defendant, meaning that the only way we get paid is by winning your case.

Please give us a call and speak to a lawyer who can help you sue for injuries caused by a security guard.

Other Pages on Our Website Related to This Topic
Security Rushing Fans on Field Injury Lawyers
Assaulted by Security for Recording an Incident
Beaten Up By Private Security At A Protest – Lawsuit Lawyer