Assault and Battery by a Security Guard
Security guards are hired by an establishment to ensure the safety of the patrons to the bar, restaurant, eatery or other business. The security guard is not meant to hurt the customers or patrons who are frequenting the business. If you are injured by a security guard, you have the option to bring a personal lawsuit that is civil in nature against the security guard.
“Help, I Am Injured as a Result of an Employee Threw Me Out for Not Having a Vaccination Card!”
A security guard who commits assault and battery against you needs to understand that this behavior is never tolerated. Security guards are not police, and they do not have carte blanche authority to “manhandle” people as they see fit. A security guard is not permitted to hurt a customer, beat the person, use a weapon or otherwise utilize any physical action against a person at a business the security guard is hired to secure. The security guard needs to use the authority of the job wisely and definitely within the bounds of the law. The security guard is not able to “go rogue,” to not hurt or injure other people in the process of securing the facility or building.
“I Was Injured When Forcibly Kicked Out of a Venue for Not Having My Vax Card”
Security guards are hired to secure a building, at the permission of the building owners. Most security guards are trained as to what they can and can’t do to secure a building, such as when they are acting outside the scope of their ability. A security guard is actually not a law enforcement authority. Security guards are acting as security, not as an official police officer to secure a building. Even if an off-duty police officer is working on a second job as a security guard, that person is only able to act in the capacity of a security guard, not as the police.
What Is an Assault and a Battery?
An assault is an intentional act that brings a feeling or the perception of fear the person it is directed against, feels he or she is going to suffer a type of physical harm. This puts a person in fear that the individual is going to be assaulted. An assault puts the person in fear of being hurt, and a battery is when the person is actually hurt by someone who assaults the person.
Assault and battery are intentional crimes, they don’t happen by accident. There are different types of criminal battery, such as:
- Simple battery
- Sexual battery
- Domestic violence battery
- Aggravated battery
A security guard is retained by the business owner, to secure the building, and only allow people permitted to enter the building access to enter. If you have been forcefully kicked out of a building for not having a vaccination card, you may have a lawsuit against the security guard. If the security guard was having a problem with you in the building, there was the need to ask you to leave. If you were forced away from the building, then the security guard may have acted above the authority of the position.
If You Are Kicked Out of a Business for No Vax Card, You May Have Grounds for a Lawsuit!
The security guard is not the police, and that person cannot forcefully hurt someone to get the person to leave a building, even if the person cannot be in the building because of rules related to vaccination cards. As a security guard, the guard is only able to peaceably eject someone from a building. The security guard is not permitted to act in a way to assault and batter the person being ejected from a building.
Can I Sue and Do I Have a Case?
Yes, you can sue and you have a case if a security guard assaulted you and battered you as you were forcefully ejected from a building, for not having a vaccination card. The job of a security guard is for people who are stable, have good calm demeanors, and who do not have anger management issues. A security guard represents the business where he is hired to work, and does not have the authority to go “off the rails,” and injure or batter someone for not having a vaccination card.
The vaccination card issue is the decision of the restaurant or business, and they can require people frequenting their business to have a card or not. Some cities in California are starting to introduce legislation that requires people to be fully vaccinated before going into the business. Even so, the person without a vaccination card is not meant to be “roughed up,” or injured for not having this vaccination documentation.
The security guard cannot take it upon him or herself to hurt the person who does not hold a proper vaccination card at the door of the building, as the individual is trying to gain entry into the building. The security guard is trained on what can and can’t be done to a person trying to forcefully gain entry into a building that the security guard is paid to patrol and secure. The security guard can detain a person, but cannot “arrest” a person, and cannot “throw out” a person from a building, except for asking the person to leave.
California Digital Vaccination Cards
California has offered digital vaccination cards available for citizens of the state since June of this year. The California Department of Public Health suggests that residents carry with them identification that gives the details of a person’s COVID vaccination records. These records are stored in the California Immunization Registry (CAIR), which stores all vaccinations a person has had in that registry. The digital COVID vaccine card is actually really a screenshot of the online record, with a QR code attached to it.
This digital vax record will verify to a business or your employer that you have been vaccinated. This is not to be confused with fraudulent and fake vax cards, which are not valid and hold no verification of your vaccination records. Individuals need to sign up for a vaccination card, which is an electronic record of your vaccinations received to date. This digital record is not a “vaccine passport” and there is currently no requirement in California that you get a vaccine passport at this time. In terms of restaurants, San Francisco has officially required proof of vaccination before a person is allowed to go for indoor dining, as of August 20, 2021. Many venues can ask if you have been vaccinated, before allowing you to come in. Some venues that require a vaccination card are:
- Concert halls
- Sporting stadiums
- Gyms and spas
- Bars and restaurants
Call for a Free Consultation
If you have been injured being ejected from a building for not showing a valid vaccination card, you can give us a call to talk about it. We are here for you if a security guard assaulted and battered you over not having a vaccination card at the door. If you have personal injuries, you need to call us immediately, to discuss the next steps to initiating a lawsuit on the merits.