Can a Security Guard Be Held Accountable for Negligence?

Security guards play a crucial role in ensuring the safety of people and property. Whether they work in shopping malls, office buildings, residential complexes, or event venues, their job is to deter crime, monitor for suspicious activity, and respond to emergencies.

But what happens when a security guard fails in their duty? Can they be held legally accountable if their negligence leads to harm? In Maryland, the answers to these will depend on the specifics of the case, including the guard’s actions, their employer’s role, and the nature of the harm caused.

Security Guard Negligence

Negligence occurs when a person fails to exercise reasonable care, resulting in harm to another person.

Security guards must adhere to specific standards of conduct, including maintaining vigilance, responding appropriately to potential threats, and using reasonable force when necessary. If they fail in these duties and someone gets injured as a result, they could be held legally responsible.

Common examples of security guard negligence include failing to intervene in a dangerous situation, improperly using force, ignoring threats, or neglecting to secure a property.

When Is a Security Guard Personally Liable?

A security guard may be held personally liable for negligence if their actions directly cause harm to others.

For example, if a guard physically assaults a person with no justification or doesn’t help someone in distress despite having a clear duty to act, they could be sued for misconduct. Maryland law recognizes that individuals have a duty to act responsibly, and security personnel are no exception.

However, deciding personal liability often requires proving that the guard’s actions were unreasonable or reckless under the circumstances.

The Employer’s Responsibility

In many cases, liability extends beyond the individual security guard to their employer.

Security companies and property owners have a duty to ensure that their guards are properly trained and able to meet their responsibilities. If a security company hires unqualified personnel, fails to provide adequate training, or does not enforce reasonable safety protocols, it could be held responsible for negligence.

Maryland law recognizes the concept of vicarious liability, which means that an employer may be held responsible for the wrongful actions of their employee if those actions occurred within the scope of their job expectations.

Negligent Hiring and Training Practices

A security company or property owner may also be responsible if they hire someone with a history of misconduct or fail to provide the necessary training. Security guards are often placed in high-pressure situations where their judgment and response times matter.

If a company fails to conduct background checks or does not provide adequate training on emergency handling, it may be held accountable if its negligence contributes to an injury.

Maryland courts have recognized that property owners and security firms must exercise reasonable care in hiring, training, and supervising security employees. If they don’t, and harm results, they may be required to compensate victims for their losses.

Proving Negligence in Court

An injured party must prove certain legal elements to hold a security guard or their employer accountable for negligence. These include:

• Duty of care: Demonstrating that the security guard was responsible for taking action to prevent harm.
• Breach of duty: Showing that the security guard failed to fulfill their responsibilities.
• Causation: Establishing a direct link between the guard’s failure and the harm suffered.
• Damages: Proving that the victim suffered actual losses, such as medical expenses, lost wages, or mental and emotional distress.

Maryland courts consider all relevant factors when evaluating negligence claims, including witness testimony, surveillance footage, and expert analysis of the security protocols in place.

Compensation for Victims

Victims of security guard negligence may be eligible for compensation for their injuries and resulting losses. This can include medical expenses, lost income, pain and suffering they experience, and, in some situations, even punitive damages if their conduct was particularly reckless.

Each case is unique, and the specific damages awarded depend on the severity of the harm and the circumstances surrounding the incident.

Seeking Legal Guidance

If you believe a security guard’s negligence caused you harm in Maryland, consulting with a legal professional can help you understand your rights.

Your attorney will evaluate your case, gather evidence, and determine whether the security guard, their employer, or both of them should be held accountable. Legal action can provide compensation for your losses and encourage security companies to implement better practices to prevent future incidents.

Security guards are responsible for protecting people and property; however, when they fail to fulfill their responsibilities properly, the consequences can be severe. In Maryland, security guards and their employers may be held liable for negligence if their actions—or lack of action—lead to harm.

At Belsky & Horowitz, LLC, we understand the legal principles surrounding security guard negligence and can help victims seek justice and hold responsible parties accountable.