Security Guard Unlawful Use of Pepper Spray Lawsuit Attorney

Under California law, “any person may purchase, possess or use tear gas and tear gas weapons for the projection or release of tear gas if the tear gas and tear gas weapons are used solely for self-defense purposes.”

Tear gas weapons include pepper spray, which disarms an individual by causing pain, discomfort, and temporary blindness. For most individuals, they will experience stinging in the eyes, burning sensations in the skin, and difficulty breathing. If someone is extremely sensitive to the ingredients in pepper spray, they may end up with severe injuries that require emergency medical care.

Pepper spray restrictions in California prohibit selling such products to a minor or owning pepper spray units that exceed 2.5 ounces by weight. Usage is strictly limited to self-defense, meaning you cannot pepper spray someone out of anger or as a joke. The canister of pepper spray must also be labeled with the following: “WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous–use with care.”

Buying pepper spray is relatively easy compared to purchasing weapons like firearms. As a result, most people feel that being sprayed with it will not pose a significant risk to your health. However, pepper spray can be very dangerous to certain individuals, which is why there are laws stating that it’s meant to be used for self-defense. Unfortunately, far too many security guards pepper spray people when they are not in imminent danger or see that someone else is in danger of being physically harmed.

There are laws regarding the distribution of pepper spray and other tear gas products, like not selling to minors and ensuring that the amount is no more than 2.5 ounces per unit. However, the actual formulation and how strong it is – that’s pretty much left to the manufacturer. Thus, it’s impossible to predict the inflammatory properties in each canister and how it affects someone that’s being sprayed.

The truth is, pepper spray can cause stroke, heart attack, anaphylaxis and other deadly conditions. Of course, not everyone has severe allergic reactions, but the possibility most definitely exists. This is why security personnel must exercise good judgment and use tear gas weapons as a last resort.

By contacting out law firm, you can learn more about your rights from an unlawful use of pepper spray by security guard lawsuit attorney. If you or your loved one was injured or killed from health complications caused by pepper spray, we can help you obtain compensation from the individuals and entities that failed in their duty of care.

Injury victims have 2 years in the state of California if they wish to file a lawsuit against the security guard, business owner, or anyone else that’s liable for the harm they suffered. In just about every case, the time limit for a lawsuit is 2 years, starting from the date of assault, i.e., the day you were pepper sprayed. But there are exceptional cases where the statute of limitations can start at a later date, so this is something you should confirm with a pepper spray injury lawyer as soon as possible.

Perhaps you are not the injured party, but someone who lost a family member or spouse to a pepper spray attack. A wrongful death lawyer at our office can determine your eligibility for a death by negligence claim, which has a filing deadline of 2 years from the date of death.

If you miss the statute of limitations to sue for injuries caused by pepper spray, it’s unlikely that the courts will allow you to go ahead with a lawsuit. Contacting a lawyer is the best way to protect your interests and secure the funds you need for your physical and financial recovery.

Security guards serve an essential purpose in government buildings and other properties owned and operated by various agencies. But not every one of them exercises good judgement when it comes to dealing with members of the public. A security guard, for example, may use pepper spray in the middle of an argument or if someone refuses to stay while the cops are called. These are not incidents that pose a direct threat to others, so it would be illegal for a security to guard to pepper spray the individual.

An illegal use of pepper spray by a government employee has a deadline of 6 months. So, that’s how long you have starting from the date of injury to file a claim against the city, county, school district, etc. If you fail to submit your claim within this timeframe, you will permanently lose the right to monetary damages.

In these situations, it’s crucial to seek help from an attorney with experience in government liability claims. Give us a call and schedule a free consultation with a member of our legal team.

When used in a dangerous situation, tear gas formulations like pepper spray can be a highly effective solution. However, these little canisters are often misused by store owners, security guards, loss prevention specialists, and bouncers.

If you were left with health complications from an unlawful pepper spray incident, our lawyers are prepared to represent you for $0 upfront. Our Zero Fee Guarantee is a policy where legal fees are charged to the defendant and recovered as a part of your settlement award. In other words, we don’t get paid unless you receive compensation from a pepper spray injury lawsuit.

We look forward to fighting for your rights and the compensation you deserve. Contact the legal experts of DTLA for a free case evaluation.

Other Pages on Our Website Related to This Topic
Pepper Spray Injury Lawsuit Attorney
Slip And Fall On Hydraulic Fluid At HOME DEPOT Lawyer
Kosher Market Slip And Fall Attorney