Security guards are often necessary to secure a variety of venues like shopping malls, hospitals, nightclubs, and many other places. While security guards are often hired to prevent theft and to help law enforcement keep the general public safe, this does not mean they are not prone to act negligently in a particular situation. If you or a family member was injured due to the actions of a security guard, contact an experienced Maryland security guard injury lawyer.
The Law Offices of Randolph Rice recognize how a serious injury could impact a victim’s life, and we are here to help you pursue the compensation you deserve. To schedule a free legal consultation, contact the Law Offices of Randolph Rice at (410) 694-7291. You can also contact the firm online.
Liability for an Injury Caused by a Security Guard in Maryland
Many establishments employ security guards for a number of reasons. For example, a hospital may employ security guards to ensure the safety of patients and to dissuade criminals from any illicit actions. Alternatively, security guards may work at shopping malls to deter shoplifters and help with various other tasks.
Security guards are expected to exercise good judgment when determining a possible threat or person that has intentions to commit a crime. However, some security guards may not act appropriately when dealing with a person they believe committed an offense. For example, a security guard could restrain a victim in a manner that could cause serious injuries if they do not exercise caution.
When a security guard fails to exercise due care towards a suspect of a crime; they could be held liable for their actions. As a result, a victim could file a personal injury lawsuit against the security guard.
Additionally, the company that employs the security guard could also be held liable for their actions. Under the doctrine of respondeat superior, an employer could be held vicariously liable for the actions of an employee provided that the actions occur within the scope of their employment and in furtherance of the employer’s goals. This means that an employer of a security guard could be held liable for injuries they cause to a visitor while on-duty.
Note, however, that an employer cannot be vicariously liable for the actions of an employee that occur outside the scope of their employment. For example, an employer cannot be held liable for the actions an employee takes while on their commute to work unless they were performing a task for the employer.
To learn more about filing a personal injury lawsuit against the parties responsible for your injury, continue reading and speak with an experienced Maryland personal injury attorney.
When to File a Personal Injury Lawsuit in MD
If you were injured due to the actions of a negligent security guard, you should consider filing a personal lawsuit against the security guard and their employer. When considering a personal injury lawsuit, you should be aware that your claim is subject to the statute of limitations.
The statute of limitations determines the length of time that a claimant has to file a lawsuit with the court. The length of the filing deadline typically depends on the type of lawsuit being filed, and sometimes the circumstances of the case. In Maryland, the statute of limitations for a personal injury lawsuit is three years from the date of the accident.
If a claimant does not file their lawsuit before the filing deadline expires, the claimant may miss the opportunity to pursue compensation for their injuries and other losses. Specifically, the court can dismiss the case upon a request from the defendant that the lawsuit violates the statute of limitations.
It is true that three years is a generous amount of time to file a personal injury lawsuit; however, you should provide your attorney with more time to build your case. Avoid waiting to file your claim and file as soon as possible. Waiting an excessive amount of time to file a case could cause a number of issues. For example, witnesses willing to testify on your behalf could have trouble remembering important details about the case.
Damages Available for an Injury Lawsuit in Maryland
If a plaintiff prevails in a personal injury lawsuit, they can be awarded damages for their injuries and other losses. Damages awarded to a plaintiff will depend on the type of injuries or financial losses experienced by the plaintiff. A plaintiff can be awarded damages for the following :
- Medical expenses related to the injury
- Expenses for medical equipment, medication, rehabilitation, and other related expenses
- Loss of wages/loss of earning capacity
- Property damage
- Pain and suffering
- Punitive damages
It is important to note that some damages may have a cap. This means that there is a limit to the amount of compensation that can be awarded to a plaintiff. For example, Maryland has placed a cap on the compensation that can be given to a plaintiff for non-economic damages.
Work with Our Experienced Maryland Lawyer for Injuries Caused by a Security Guard
If you or a family member was the victim of an assault or battery from a security guard, contact an experienced Maryland personal injury attorney. With extensive experience litigating a broad range of personal injury lawsuits, Randolph Rice is prepared to use his legal knowledge to fight for you. To schedule a free case evaluation to discuss your claim, contact the Law Offices of Randolph Rice at (410) 694-7291.