Public Liability Claims - Security Guard Incidents
Security guards exist to protect the interests of certain venues and establishments, however, the actual power they hold over community members is rather limited. Security guards are usually instructed to uphold the rules or maintain the peace of an establishment; examples include security guards in stores preventing stealing or ‘bouncers’ in pubs and nightclubs trying to maintain the peace.
Despite the position provided by their employer, security guards are not permitted to use ‘excessive force’ or to hold you against your will. In circumstances where an individual is unjustly assaulted or held by a security guard, that individual may be entitled to a public liability claim.
Security guards are typically permitted to refuse entry to patrons, request or actually remove a person from the premise and can make a ‘citizens arrest’ should there be a violent offence unfolding. Moreover, security guards, unlike Police, are not permitted to detain a person nor to strike (assault) an individual.
The Law
The matter of Carlyon v Town & Country Pubs Pty Ltd 2015 considered circumstances where an individual was forcibly removed from an establishment by a security guards, where the actions of the security guard caused a broken leg to the patron.
The matter found that the use of force from the security officer needed to be ‘excessive’ and unreasonable in order to successfully establish negligence against the officer and the premise. The Plaintiff needed to show that the establishment had failed to provide an adequate and safe environment. In this claim the Plaintiff was unsuccessful, however the matter assists in determining what a court will consider in cases of security guard assaults.
Additionally, under the Liquor Act 1992 a security guard has an obligation to ensure safety from other patrons.
Therefore, if an individual sustains injuries through the negligent action of a security officer may be entitled to compensation under a public liability claim under the following examples:
- Excessive force from the security guard causes harm;
- A security officer acts negligently due to improper training and education;
- A security guard fails to protect an individual from coming to harm from another patron.
A Public Liability Claim
Should an injury have been sustained due to one of the premises involving a security guard put forward above, a claim for personal injury can be brought. A claim is typically lodged against the establishment, however, may also include the individual officer themselves or the third party contractor of the security to an establishment.
What can I claim?
If you have suffered some form of injury, a personal injury lawyer will be able to advise you of your rights. A lawyer may advise that you have grounds to make a public liability claim, in which case, you may be entitled to claim for past economic loss, medical expenses, future economic loss and future treatment.
What now?
Therefore, injury arising from altercations or circumstances involving security guards can give grounds for compensation. Contact a personal injury lawyer who will be able to advise you on the specific circumstances of the accident to determine if you may have grounds to pursue a public liability claim.
In the meantime, seek medical treatment and document the incident with the relevant entity via an incident report. Keep any photos or documents relating to the event, as these may assist your lawyers in determining if you have a viable clam.
If you have any queries regarding the article, please contact via Free Claim Checker or email us.
