The Liability of Security Guards for Personal Injuries in Florida
In Florida, property owners have the legal obligation to keep people on their land in a safe state. This means they can be held liable if they were negligent and someone is injured. Below are presented situations when injuries are caused by those hired to keep the property safe.
The liability of security guardsYou might be shopping one day and a security guard's actions could cause you harm. A security guard's job is to protect the supervised objective, prevent crimes, and pacify guests. These actions imply the occasional use of force. Courts accept that security guards can use force in a reasonable amount. However, it can happen that their intentional or negligent actions lead to others being hurt.
Security guard intentional tortIn many cases, the physical harm caused by a guard's actions develop from a disproportionate use of force. In these situations, they commit an intentional tort as battery or assault. Such cases can be proved by showing that the threat or violence used went above the amount reasonably necessary to solve the situation. Moreover, security guards are not allowed to detain clients while waiting for the police or they can be accused of false imprisonment.
Security guard negligenceWhen ejecting an unruly client from the protected premises, the security guard has to act in a non-negligent manner. He can be liable for negligence when he acted in a way that caused harm. For example, when he pushed the client that fell and injured his back. However, being an unruly client and proving a negligence claim is not an easy task.
Another situation when the security guard can be held liable is if his negligence in performing his job corroborated with another person's intentional behavior caused personal injury or death. For instance, a gated community hires security guards for protection. When a criminal accessed the property undisturbed and the security service failed to do its job, the security company was found to be at fault.
The liability of employersIf the security guard acts reasonably within the scope of his service, employers can, also, be held vicariously liable. Likewise, the employer is liable when its failure to properly train the security guard lead to his actions.
Usually, the employer is the venue protected, but it can also be a security company.