Assault by Loss Prevention Employee at a Store – Can I Sue?

We often think of security guards when it comes to preventing crime and other dangerous incidents at public places. However, loss prevention officers are another group of people that are crucial to people’s safety at a store. These workers share many of the same duties and responsibilities as security guards, but they serve a more subtle purpose. For one thing, they are largely used to monitor the store and alert members of security for things to look out for. They also implement security measures and monitor equipment like surveillance cameras and door alarms.

To some degree, it sounds like people in loss prevention are performing tasks we normally associate with law enforcement. There is some overlap, but these are not individuals with the same training and credential as a police officer. Sadly, many of them do not know where to draw the line when there is a tense situation with a customer. This can cause them to over react and assault the person, even though it is illegal for them to do so.

As someone who was injured from excessive violence by a loss prevention employee, you have the option of filing a lawsuit for monetary damages. To learn more about suing a store for assault and battery by a loss prevention specialist, contact our law firm as soon as possible.

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I was Assaulted by a Loss Prevention Employee – Can I File a Lawsuit?

If a member of loss prevention at a store used physical force on you unlawfully, yes, you can file a lawsuit for assault and battery. California law is clear on the circumstances that would allow for any kind of physical contact between security professionals and member of the public. Please note that these rule generally apply to security guards, so people in loss prevention should be even more cautious is how they interact with customers at a store.

In essence, loss prevention specialists are supposed to reduce monetary losses for a company, primarily through the prevention of fraud and theft. Their job duties generally include:

• Monitoring – Security guards at a store usually stay in one place, like the entrance or exit area. Loss prevention, on the other hand, patrol the entire store and look out for suspicious activity, like shoplifting. They also review security camera footage and respond when alarms in the store go off.
• Investigation – Employees in loss prevention conduct investigations into criminal activity, threats against employees or the business, and other “behind the scenes” issues. Based on their findings, they will work with law enforcement to file reports and turn over evidence.
• Implementing Loss Prevention Measures – These specialists also make recommendations to prevent losses for the business, like changing the store’s layout and implementing fraud detection programs.

In spite of these important duties, we must never forget that loss prevention is not the same thing as law enforcement. In fact, even if there is clear evidence of theft, fraud and other activities at the store, loss prevention employees must provide this information to the police and let them question the suspect, physically restrain them if needed, or place the suspect under arrest.

Unfortunately, some people in loss prevention have massive egos, or they lack a clear understanding of their role and purpose at the store. This can result in a rogue loss prevention specialist using excessive force and causing severe injury or death.

Can I Sue the Store or am I Only Allowed to Sue the Security Guard?

You certainly have the right to sue the security guard or loss prevention employee that assaulted you. But this is hardly an effective solution, as individual store workers have limited resources. Thus, you are likely to get little to nothing if you sue the person that committed the act of assault and battery.

That’s why it’s crucial to discuss the merits of suing the store that employed your assailant. Our attorneys are thoroughly experienced in cases where negligence by the business owner or an outside security company is the reason someone was beaten up, jumped, or attacked by a loss prevention specialist. Examples of negligence by the people in charge of the store employee include:

• Insufficient criminal background checks
• Hiring someone with a history of violence and other troubling behavior
• Employing someone that is not properly trained or lacks the needed credentials
• Failing to take complaints about aggressive loss prevention and security guards seriously
• Not taking punitive actions, including termination of employment, against loss prevention workers that use physical force without legal justification

Deadline to Sue for Assault by Loss Prevention Employee at a Store

If you were assaulted by a store loss prevention specialist, you have 2 years to file a lawsuit against the store, the security firm, or any other entity that’s liable for the incident. Occasionally, there may be a situation where an injury victim deserves additional time to file a claim. But there are very few cases where the courts allow for the filing of a lawsuit beyond the normal statute of limitations. With that min mind, make sure to start the process for an assault and battery claim as soon as possible by contacting our law firm.

Should I Get an Attorney?

Though you are not legally required to find a lawyer, it can be very difficult to prove a case for intentional misconduct by a store security or loss prevention worker. And once you file the claim, it’s usually an uphill battle to fight for the compensation you deserve. Insurance companies are very smart in the ways they manipulate a situation and prey on the victim’s desperation for money after a serious accident. Without a seasoned assault and battery lawyer by your side, it’s more than likely that your settlement will be far less than what you deserve.

The personal injury lawyers of Normandie have decades of experience investigating physical and sexual assault incidents. We have what it takes to build a strong case on your behalf and determine just how much you deserve for the harm you suffered. Once we submit out demands to the insurance company, you can count on us to fight for the settlement you deserve from a loss prevention specialist assault and battery lawsuit.

Zero Fee Guarantee for Assault and Battery Victims

We always accept cases on contingency, meaning that victims never pay out of pocket if they want to be represented by one of our attorneys. Under the Zero Fee Guarantee, the only form of payment we receive is a portion of your settlement check at the end of a successful lawsuit. So, there’s no loss to your finances whatsoever if we fail to win your case.

To take advantage of this offer, contact our office and schedule a free, private consultation.

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