Assault by a Security Guard — Can You Sue the Store?

If you were assaulted by a store security guard, you’re probably wondering what you can do about it — and more importantly, whether you can hold the store responsible. Security guards are supposed to protect customers, not attack them. But when they cross the line — by shoving, punching, restraining, or threatening someone without legal justification — the law gives you the right to sue.

In New York, these cases often fall under the categories of assault, battery, false imprisonment, and negligence, and depending on the facts, the store itself — not just the guard — can be held liable. Here’s how it works.

When a Security Guard’s Use of Force Becomes Assault

Security guards are given some authority to protect property and prevent theft. They’re allowed to detain someone for a reasonable time if they have probable cause to believe that person is shoplifting. But that authority doesn’t give them a free pass to use violence.

Under New York law, assault is when someone intentionally causes you to fear that you’re about to be hit or physically harmed. Battery is when they actually make unwanted physical contact — for example, grabbing, striking, or tackling you.

If a guard lays hands on you without justification, or uses force that’s out of proportion to the situation, you may have a strong civil claim.

Some examples include:

• A guard tackles someone based on a hunch, not clear evidence of theft.
• A guard punches a person who refuses to show a receipt.
• A guard uses a weapon or restraining hold against someone who poses no threat.
• A guard detains a person longer than necessary or refuses to let them leave after realizing they’re innocent.

Even if the store later claims the guard was “just doing their job,” that doesn’t excuse unlawful violence.

Suing the Store, Not Just the Guard

In most cases, the guard won’t have enough money or insurance coverage to compensate you for your injuries. That’s why the real target in a lawsuit is often the store or the security company that employed the guard.

Under the doctrine of respondeat superior, an employer can be held legally responsible for the wrongful acts of its employees — as long as those acts were committed within the scope of employment.

So, if the guard assaulted you while performing their job duties — like trying to stop suspected shoplifting, managing crowd control, or handling a customer dispute — the store can usually be sued for their actions.

On the other hand, if the guard did something entirely unrelated to their job (for example, attacking someone over a personal argument), the store may argue that the guard was acting on their own. But even then, stores can still be liable if:

• They failed to properly train or supervise the guard,
• They ignored prior complaints about the guard’s behavior, or
• They hired someone with a known history of violence or criminal conduct.

In those situations, you may have a claim for negligent hiring, supervision, or retention — powerful tools for holding the business accountable.

What Evidence You Need

Security guard assault cases can be won or lost based on the evidence you gather early on. Stores often have extensive video surveillance systems, but they rarely turn over footage voluntarily. That’s why you should act quickly.

Here are some key steps:

1. Get medical attention right away.
Even minor injuries should be documented. Hospital and urgent care records serve as critical proof that you were physically harmed.

2. File a police report.
If you were assaulted, report it. A police report can make or break your case. It documents what happened, who was involved, and the time and place of the incident.

3. Identify witnesses.
If anyone saw what happened, get their names and contact information. Independent witnesses are often the strongest evidence against a store or guard who later tries to change their story.

4. Preserve video and photos.
Take pictures of your injuries, torn clothing, or anything else that shows the aftermath. Your attorney can then send a preservation letter to the store demanding that they keep all surveillance footage and incident reports.

5. Keep records of all communication.
If the store or its insurance company contacts you, don’t agree to anything or give a recorded statement without speaking to a lawyer first.

Legal Theories You Can Use

Depending on the facts, your attorney might bring one or more of the following claims:

• Assault and Battery: For the unlawful use of force or physical contact.
• False Imprisonment: If you were detained without cause or held for an unreasonable time.
• Negligent Hiring or Supervision: If the store failed to screen, train, or monitor the guard properly.
• Intentional Infliction of Emotional Distress: If the guard’s conduct was outrageous or designed to humiliate or terrify you.
• Civil Rights Violations (in some cases): If the security guard was acting in coordination with law enforcement or exercising quasi-police powers, certain constitutional claims may apply.

Each theory carries its own proof requirements and potential damages. A skilled attorney can analyze the evidence and decide which claims to include.

What You Can Recover

The damages available in a security guard assault case depend on the severity of the harm. Victims can seek compensation for:

• Medical expenses (past and future)
• Lost wages or income from missed work
• Pain and suffering
• Emotional distress
• Scarring or permanent injury
• Punitive damages in extreme cases — especially if the store knowingly ignored a dangerous employee

In New York, there’s generally a three-year statute of limitations for assault and battery lawsuits. But certain defendants, such as government agencies or public hospitals, may have much shorter deadlines — sometimes as little as 90 days to file a notice of claim. That’s another reason to get legal help quickly.

What to Do Next

If you’ve been assaulted by a store security guard, don’t assume you have no recourse. You may be entitled to compensation — not just for your physical injuries, but also for the emotional trauma and humiliation that come with being attacked in public.

An experienced attorney can:

• Investigate what happened,
• Demand the store preserve surveillance footage,
• Obtain internal incident reports, and
• File a lawsuit to recover damages on your behalf.

These cases can be complex, but with the right approach, victims often succeed in proving that both the guard and the store share responsibility for the assault. If you were injured by a security guard in New York City, contact Cody Warner, P.C. for a free consultation.