Security guards provide a vital function at businesses and events. Sometimes, dangerous situations require them to restrain an individual, but there are protocols that dictate the amount of force and type of restraint that may be sued. When a security guard fails to follow these rules, it can be a dangerous violation of a person’s civil liberties, not to mention their health.
The most common example of an improper restraint is the chokehold, also known as a sleeper hold. The public has become familiar with chokeholds in recent years, due to the tragic death of George Floyd. Since then, most police departments have banned the use of chokeholds, which can cause extreme damage and PTSD. Security guard measures on the use of force often follow the police departments of those locations. Thus, if you’ve been placed in a chokehold by a security guard, you may be able to sue the business or security company for the harm that was inflicted on you. If you lost a loved one or family member to a chokehold incident, legal remedies are available to you as well in the form of wrongful death compensation. Experienced legal representation is the key to winning these cases, which is why you should call the attorneys of Normandie Law Firm. We will take aggressive action against the responsible parties and bring you the justice you deserve for your suffering.
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Why are Chokeholds so Dangerous?
Most people use the term “chokeholds” to describe a variety of restraints involving the neck. But there are actually two types of holds that involve pinning someone by the neck:
- Chokehold
Also known as an “arm bar hold,” this type of hold involves pressing the forearm into someone’s neck. This puts pressure on the trachea, which will restrict the person’s air flow and cause them to pass out.
- Carotid hold
In this type of hold, the entire arm is firmly wrapped around the person’s neck. There is a tight grip around the sides of the neck, leading to compression of the carotid arteries.
There is on-going debate on which form of restraint is more harmful, but either one of these actions can cause serious damage, including death. When a person passes out from lack of air or blood flow, they can suffer irreparable damage to the heart and brain. As a result, medical experts discourage the use of chokeholds and carotid holds by security guards, as well as law enforcement officials.
The Use of Sleeper Holds by Security Guards
A sleeper hold is a type of hold in which pressure is placed on both sides of the neck with the forearm and the bicep; no pressure is placed on the front of the neck, leaving airflow unaffected. This hold is designed to subdue parties by making them go unconscious. The hold is taught in martial arts and as self-defense. It is supposed to be held for only a few seconds and released as soon as the party being held goes limp.
Although using a sleeper hold can definitely be helpful in subduing an attacker, a sleeper hold can quickly be very dangerous. Primarily, if the hold lasts longer than just a few seconds or if the hold is not released as soon as the attacker goes limp, permanent brain damage or death can occur. Similarly, if the hold is performed incorrectly and pressure is placed on the airways, additional injuries could occur, including damage to the airways, contusions, etc.
Unfortunately, sleeper holds are often used by security guards in different establishments. Although these holds could be used effectively, they are often misused and are even used in excessive force incidents. If you or a loved one were put in a sleeper hold by a security guard and suffered injuries, contact the experts here at our law firm today. Our lawyers are more than ready to provide you with the guidance that you need to pursue a claim and fight for your rights.
How can I be Injured from a Security Guard Choking my Neck?
The biggest concern with being put in a chokehold is brain injury, which can result from a lack of oxygen to the brain. In a chokehold, pressure is applied to the trachea, making it impossible to breathe due to restriction of the airways. A carotid hold, on the other hand, puts pressure on your carotid arteries. The loss of air resulting from this hold restricts blood flow to the brain. This form of restraint can result in severe brain damage, coma, or death. For that reason, it’s been banned in many states, including California. As we mentioned before, use of force by security guards should be in line with local police procedures. So if you or a loved one was put in a chokehold or carotid hold by a security guard, you may be able to sue for your physical and mental injuries.
Brain damage, by the way, is not the only injury you can suffer from a chokehold. Any form of assault and battery by security personnel can result in the following:
- Cuts and bruises
- Broken bones / fractures
- Facial scarring
- Eye injury / vision loss
- Tinnitus (chronic ringing in the ears)
- Damage to the internal organs
- Spinal cord damage
Chokeholds and other types of assault can also result in mental injuries, which are just as bad, if not worse, than the physical damage. Many victims suffer from mental health disorders like PTSD, anxiety, and depression, which require long-term therapy. In order to pay for their physical and mental health treatments, it’s essential to recover compensation from the responsible parties.
To learn more about your legal options as a chokehold injury victim, call Normandie Law Firm and speak to one of our attorneys.
Can I Sue a Security Guard for Putting me in a Chokehold?
Security guards must be properly trained in the use of reasonable force, meaning they must choose the safest method of restraint when apprehending someone. As chokeholds are essentially a form of suffocation, it should only be used by highly trained individuals in the most dangerous situations. Controlling a drunken patron in a bar, for example, should not necessitate the use of chokeholds as there are safer methods of restraining and removing a person from the premises.
If a chokehold was unnecessarily used on you, you have the right to sue the security guard for your injuries. However, the better method is to sue the property owner and/or the security company. These entities are liable for an employee’s actions under California’s premises liability laws. To put it simply, a business or employer is responsible for an employee’s actions if they were performed within the scope of the employee’s job duties. So if you were placed in a choke or carotid hold by an on-duty security guard, you would have grounds to sue the business owner or company that the security guard works for.
However, a successful lawsuit is about much more than proving who is responsible for your injuries. Medical assessments, gathering evidence, and talking to witnesses are just some of the necessary steps to building a strong case for monetary compensation. Our lawyers can guide you through the entire process and ensure that you receive the funds you’re entitled to. Please contact our office and schedule a free consultation.
Compensation from a Chokehold Injury Lawsuit
A chokehold injury by a security guard can cause many losses for the victim. The damages you can recover will depend on the severity of your injuries, but these lawsuits generally include the following:
- Medical bills
- Lost wages or lost earning capacity
- Pain and suffering
- Property damage
- Punitive damages
- Legal fees
Punitive damages are a special form of compensation that’s granted by the court. It’s awarded in cases of gross negligence, meaning the defendant’s actions were outrageous to the point where they deserve a special form of punishment. For example, a victim who suffered severe brain damage due to a security guard’s use of a carotid hold may be viewed as gross negligence. Victims in these circumstances may be entitled to punitive damages, but a sharp legal mind and experience in security guard lawsuits is necessary to win this form of compensation. The lawyers of Normandie excel in cases involving punitive damages, and will fight to recover the full value of your compensation award.
Suing for Wrongful Death Compensation
Death is a devastating, but very real, consequence of chokehold restraints, as seen in the George Floyd case. If your loved one or family member was killed from a chokehold by a security guard, you may be entitled to wrongful death compensation. A wrongful death lawsuit can help you recover:
- Funeral expenses
- Medical bills left behind by the decedent
- Pain and suffering
- Loss of savings / benefits
- Loss of consortium
- Legal fees
Wrongful death lawsuits are complicated, as there are specific rules on who can file the claim and the procedures they’ll need to follow depending on their relation to the victim. For more information on how to sue for wrongful death in the state of California, please give us a call as soon as you can.
Contact a Lawyer with Expertise in Chokehold Injury Lawsuits
Fortunately, California is one of the more progressive states on the issue of police restraints. In 2020, Governor Gavin Newsom signed a bill banning the use of carotid holds by the police. Sadly, there are security firms and personnel who feel that the same rules don’t apply to them. When these individuals place someone in a chokehold, the result can be life-changing for the victim and their families.
As personal injury lawyers, we believe it’s our duty to fight against such forms of brutality. On the one hand, money doesn’t take away the pain and trauma of being placed in a chokehold. But recovering from such a horrific incident requires treatment from doctors and therapists, maybe for the rest of your life. It’s unacceptable that you should be burdened with these costs when another party is responsible for your injuries. Another burden for victims is legal fees, which is why many of them are reluctant to call an attorney. With our Zero fee guarantee, you will not have to pay us a single penny for any of our services. We calculate our fees into your settlement award, so we get paid at the same time you do. If we don’t win your case, we eat the costs and you walk away without any risk to your finances.
With nothing to lose and so much to gain, there’s no reason to hesitate on giving us a call. Contact our office and schedule a free consultation to learn about your rights and legal options.
