Assaulted by Apartment Building Security Guard Lawsuit Lawyer

Those living in apartment buildings have the right to expect a certain level of security based on factors like the building’s location, crime rates in the area, and if there were prior criminal incidents in the building or neighborhood. Some buildings employ security guards, either on their own or through a third party company.

When these professionals do their jobs in a consistent and responsible way, they can prevent residents and visitors on the property from being mugged, sexually assaulted, or injured in some other way. On the other hand, a rogue security guard that is quick to use physical force is likely to be the source of catastrophic injuries. These include head trauma, broken bones, spinal cord and neck injury, and many other health conditions with serious consequences.

As an assault and battery victim, you need answers to various questions about your rights, such as “Do I have a case against the apartment building? Can I sue the security guard company?”

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Who can I Sue if I was Assaulted by an Apartment Building Security Guard?

Security guards must refrain from physical contact with anyone unless it is absolutely necessary, meaning they are being threated, the person is threatening someone else, or refuses to stop acting a dangerous manner after they were asked to do so. Even if physical force is used, security guards must choose a method that is least likely to inflict injury.

In reality, there are many security guards that make poor judgement calls or have impulse control issues that make them a bad fit for the job. If you were injured from a security guard beating you up at an apartment building, you have the right to sue them for the harm you suffered. However, there’s a good chance that you have a case against the employer of the person that attacked you. This may be the owners of the apartment building, a property management firm, or a private security firm that is used by the property owner. Negligence by those in charge of hiring security guards include:

• Not conducting sufficient background checks
• Hiring someone with a prior history of violence or inappropriate conduct
• Hiring a security guard without proper training / certifications
• Not taking resident or guest complaints about a security guard seriously
• Failing to fire or take punitive actions against security guards that use physical force or excessive violence on others

Can I File a Police Report if I was Beaten up By a Security Guard?

Yes, you have every right to file a police report if you were assaulted by someone else, and we highly recommend that you do so. Keep in mind that you are not forced to go ahead with a criminal prosecution, even if you ask for a report to be filed. We know that this is one of the issues that make people pause and ask themselves, “Should I contact the police if I am injured from being physically attacked?”

Whether you press charges or not, you are allowed to file a civil lawsuit for monetary damages, which will allow you to obtain compensation from your attacker, the apartment building, and/or the security company that your assailant is employed with. Even more important, the outcome of a criminal case has no bearing on a lawsuit for negligence or misconduct. So, even if your criminal case is dropped by the prosecutor or results in a not guilty verdict, you can go ahead with a claim for monetary damages. If anything, you will have a better chance in the civil courts, where the standard of proof is lower than in the criminal courts.

Our legal experts are here if you need guidance on how to navigate the legal system as someone who was physically assaulted by a building security guard.

I was Held against My Will by a Security Guard – Can I Sue?

Yes, you may have grounds to sue a security guard for false imprisonment or detainment under false pretenses. California has very strict rules and limited circumstances that allow security guards to hold people against their will. That’s why they are primarily used for the purpose of noting suspicious activity and contacting the police for assistance.

Unfortunately, some apartment building security guards see themselves as equal to law enforcement or misinterpret the law when it comes to holding someone for suspicious or illegal activity. If the person argues or attempts to leave the premises, a security guard may use physical force to restrain the person. This is another example of assault and battery by a security guard, where the victim has the right to sue the apartment building or another entity that’s liable for injuries caused by security guard assault and battery.

How Long You have to File a Lawsuit

The deadline to sue for injuries caused by a negligent party is 2 years in the state of California. Thus, if you were put in a chokehold, thrown to the ground by a security guard, etc., you have 2 years from the date of injury to file a lawsuit. In rare cases, the court system may allow additional time for a victim to file a claim for damages. However, most claimants will not have a qualifying reason to ask for an extension, so they will need to submit a claim by the deadline of two years if they wish to sue an apartment building for injuries caused by a security guard.

Why You Should Contact an Attorney Right Away

Even if it’s obvious to you that a security guard abused their position of power, it can be very challenging to prove that the individual and their employer are legally at fault. Extensive evidence is needed to show how the security guard at the apartment building used unnecessary force or detained you without legal justification.

You will also need someone on your side who is used to dealing with insurance companies and their games that are used to trick people into accepting lowball settlement offers. Insurance adjusters are skilled at putting the pressure on and making people believe that it’s a “take it or leave it” system when it comes to settlement offers. This is absolutely untrue, but figuring out the amount you are entitled to and obtaining the funds you deserve won’t be easy without help form an experienced attorney

To learn more about the benefits of hiring an assault and battery lawyer, please give us a call here at our office.

Free Legal Services for Assault Victims

We do not believe in charging victims for the cost of legal services, which is why we take all cases on contingency. That means all of our fees are recovered at the end of your case, when the defendant pays you for the harm that was caused by their negligence. We also have a Zero Fee Guarantee policy, so if we don’t win your lawsuit, you owe us $0.

As you have nothing to lose, please take a moment to contact us and learn about your rights from an apartment building assault and battery lawsuit attorney. We are happy to offer you a free, confidential case review, where all your questions and concerns will be addressed by one of our legal experts.

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