Being assaulted by a security guard can be shocking, confusing, and physically painful. Many people assume security guards have broad authority to use force, but that isn’t true under Texas law. If a security guard in Texas assaulted you, you may have legal options to pursue compensation for your injuries.
This guide explains what qualifies as a security guard assault, what steps you should take after the incident, and when you may be able to file a lawsuit.
What Counts as Assault by a Security Guard in Texas?
Security guards are allowed to use limited force in certain situations, such as protecting property or removing someone who is trespassing. However, they do not have the same powers as law enforcement officers, and excessive or unnecessary force can cross the line into assault.
Examples of security guard assault may include:
- Punching, kicking, or striking someone without justification
- Misusing restraints or for too long
- Slamming someone to the ground or into walls
- Using force after a situation is already under control
- Detaining someone without legal authority
If a security guard’s actions go beyond what is reasonable under the circumstances, it may be considered assault under Texas law.
Can You Sue a Security Guard for Assault in Texas?
Yes, you can. In many cases, you can sue a security guard for assault in Texas, mainly if the guard used excessive force or acted outside their legal authority.
Depending on the circumstances, your lawsuit may be against:
- The individual security guard
- The private security company that employs them
- The property owner (such as a bar, nightclub, or venue)
- Multiple parties at once
Texas law allows victims to pursue civil claims for injuries caused by private security guards, even if no criminal charges are filed.
Who Is Liable for a Security Guard Assault?
Liability often extends beyond the guard themselves. In many cases, employers and property owners can be held responsible under legal theories like negligent hiring, negligent training, or vicarious liability.
You may be able to hold accountable:
- A security company that failed to properly train or supervise the guard
- A bar, nightclub, apartment complex, or business that hired the security team
- A venue that allowed aggressive or unsafe security practices
Determining liability is one of the most important parts of building a strong case.
What to Do If A Security Guard Assaults You
If you were assaulted by a security guard in Texas, taking the right steps early can protect your rights and strengthen your case. Start by seeking medical attention as soon as possible, even if your injuries don’t seem serious at first, since medical records often become key evidence. You should also document everything you can, including photos of injuries, witness names, and details about the location and security company involved, and request that any surveillance footage be preserved.
Before speaking with the security company or their insurance provider, it’s important to understand your legal options. An experienced attorney can help you protect your rights and determine whether you have a valid claim. If you’d like to discuss what happened and learn your next steps, you can contact Elmazi Law for a free consultation.
What Damages Can You Recover in a Security Guard Assault Case?
A successful lawsuit may allow you to recover compensation for:
- Medical expenses and future treatment
- Lost wages or reduced earning capacity
- Pain and suffering
- Emotional distress or trauma
- Scarring or permanent injuries
The value of a case depends on the severity of the injuries, the evidence available, and who can be held legally responsible.
What Evidence Can Strengthen a Security Guard Assault Case?
Strong evidence can make a significant difference in the outcome of a security guard assault case. Surveillance footage is often one of the most important pieces of evidence, especially when the incident occurs inside or near a business with cameras. Video can clearly show whether the force used was excessive and whether the guard acted without justification.
Witness statements can also be critical, particularly from people who saw the incident unfold and can describe what happened before, during, and after the assault. Medical records help document the severity of injuries and connect them directly to the incident. Even injuries that seem minor at first can become important later if symptoms worsen.
An attorney can help gather and preserve this evidence early, which is especially important because businesses may delete video footage or downplay what occurred if they believe a claim may be filed.
How Security Guard Assault Cases Are Typically Resolved
Most security guard assault cases in Texas are resolved through settlement rather than trial. Once liability is established and the extent of injuries is documented, insurance companies representing security firms or property owners often choose to negotiate rather than risk a jury verdict. Settlements can cover medical expenses, lost income, pain and suffering, and other damages depending on the facts of the case.
That said, not every case settles quickly. If a business or insurer disputes responsibility or minimizes the severity of the injuries, filing a lawsuit may be necessary. Litigation allows both sides to exchange evidence and take depositions, which can sometimes lead to more favorable settlement offers later in the process.
Having legal representation helps ensure that settlement discussions are fair and that your case is not undervalued.
Why Timing Matters After a Security Guard Assault
Acting quickly after a security guard assault is important for several reasons. Evidence like surveillance footage may only be stored for a limited time, and witnesses’ memories can fade. Waiting too long can make it harder to prove what happened and who was at fault.
Texas law also imposes strict deadlines for filing personal injury claims. Missing these deadlines can prevent you from recovering compensation altogether, regardless of how strong your case may be. Speaking with an attorney early helps protect your rights and ensures that essential steps are taken before time runs out.
Talk to a Local Attorney About Your Options
If a security guard in Texas assaulted you, you don’t have to navigate the situation alone. Understanding your rights early can make a significant difference in the outcome of your case.
Elmazi Law represents clients across Texas in civil rights and injury cases involving private security and excessive force. Contact us today for a free consultation to discuss what happened and explore the options available to you.