How to Avoid Security Guard Lawsuits: A Business Owner’s Checklist

Last Updated on 24 April, 2025 by Skeddule

In the security industry, your guards are the face of your business and the frontline of protection for your clients. When that protection turns into aggression, the consequences can be devastating—not just for those involved, but for your entire operation.

The recent incident at The Lookout Scarborough in Perth, Australia highlights this risk perfectly. Two security guards now face serious charges after allegedly attacking patrons, with one victim requiring hospital treatment for head and facial injuries. With video evidence showing guards swinging at a man on the floor, kicking another shielding his face, and stealing a woman’s phone, this case exemplifies how quickly security situations can escalate into legal nightmares.

But this isn’t an isolated incident. Let’s explore the global pattern of security guard misconduct and, more importantly, what you as a business owner or operations manager can do to protect your clients, your guards, and your company.

The Global Reality of Security Guard Misconduct

Security guard misconduct isn’t confined to any single region. Similar incidents have occurred worldwide:

Australia

Beyond the Scarborough incident, another troubling case occurred in Albury, NSW in 2021. A security guard at Beer DeLuxe pub was charged with assault after throwing an intoxicated patron headfirst to the ground multiple times, causing head cuts and a chipped tooth. The guard’s response was deemed disproportionate to the situation, highlighting the fine line between appropriate intervention and excessive force.

Indonesia

In Bali, 12 security guards at Finn’s Beach Club faced assault charges following a brawl with Australian patrons in 2025. What began as an intervention with a patron harassing a female guest escalated dramatically, with CCTV footage revealing procedural errors and continued violence even after the situation appeared resolved.

Canada

In Toronto in 2024, a Dollarama security guard was charged with assault after being caught on video repeatedly hitting a man on the ground. The confrontation began with a simple request for the man to leave his bag outside but escalated to physical violence, including lifting the man by the neck and pressing him against a wall.

United States

A particularly disturbing case in New York involved a hospital visitor who was assaulted by a security guard until unconscious, then handcuffed to a gurney. The victim suffered traumatic kidney injury, and a jury awarded him $200,000 in damages for assault, battery, and false imprisonment.

These cases illustrate common patterns: situations that begin as routine security matters escalate to excessive force, often captured on video, resulting in injuries, criminal charges, and civil liability.

Understanding Your Legal Exposure as a Security Company Owner

As a security company owner, your legal exposure extends beyond the actions of individual guards. Two primary forms of liability can affect your business:

Vicarious Liability

Under this doctrine, you can be held responsible for actions employees take within the scope of their employment. Even intentional wrongful acts like assault or false imprisonment can result in vicarious liability if committed while the guard was performing assigned duties. This means that even if you weren’t present during an incident, you could still face significant legal consequences.

Direct Liability

You may also face direct liability through:

1. Negligent hiring: Failing to conduct proper background checks or verify qualifications
2. Negligent training: Not providing adequate instruction on use of force, conflict de-escalation, or legal boundaries
3. Negligent supervision: Insufficient oversight of security personnel
4. Negligent retention: Keeping employees who have demonstrated problematic behavior

In the Scarborough case, if the guards were employed by a security company, that company could potentially face both criminal consequences and civil lawsuits for damages, especially if investigation revealed inadequate training or vetting procedures.

Essential Preventative Measures for Security Service Business Owners

Preventing security guard misconduct requires a comprehensive approach. Here are detailed strategies to implement in your security business:

1. Implementing Rigorous Hiring Processes

Your first line of defense begins with who you hire. Implement comprehensive screening that includes:

• Thorough background checks: Go beyond basic criminal history to include employment verification and reference checks
• Psychological evaluation: Assess candidates’ temperament and decision-making abilities under stress
• Verification of credentials: Confirm valid security licenses and completed required training
• Personality assessment: Screen for traits like impulse control, aggression management, and conflict resolution skills
• Scenario-based interviews: Present candidates with challenging security scenarios to evaluate their judgment

Remember that past behavior often predicts future performance. A candidate with a history of aggression or poor conflict resolution skills represents a significant liability risk.

2. Developing Comprehensive Training Programs

Training shouldn’t be a one-time event but an ongoing process that includes:

• Legal boundaries education: Ensure guards understand the limits of their authority, including when they can legally detain someone and what constitutes reasonable force
• De-escalation techniques: Verbal and non-verbal methods to defuse tense situations
• Use of force continuum: Clear guidelines on appropriate force levels for different scenarios
• Cultural sensitivity training: Understanding and respecting diverse communities
• Scenario-based training: Practical exercises simulating common challenges
• Regular refresher courses: Ongoing education to reinforce best practices and update guards on changing laws and regulations

Consider partnering with local law enforcement or specialized training agencies to develop realistic, effective training modules that reflect current best practices.

3. Establishing Clear Policies and Procedures

Written policies create a framework for acceptable conduct and clear expectations:

• Detailed use of force policy: Outline appropriate levels of force for different scenarios, emphasizing proportionality and last-resort principles
• Incident reporting protocols: Create clear procedures for documenting all security incidents, including any use of force
• Chain of command: Define supervisory structure to ensure oversight and accountability
• Complaint handling procedures: Develop a systematic approach to addressing client or public concerns about security personnel behavior
• Documentation requirements: Specify what information must be recorded for various types of incidents
• Consequences for policy violations: Establish clear disciplinary procedures for different levels of infractions

Make these policies accessible to all employees and require written acknowledgment of understanding. Regularly review and update policies to reflect changing laws and industry standards.

4. Ensuring Effective Supervision and Accountability

Ongoing oversight ensures security personnel maintain professional standards:

• Regular performance evaluations: Conduct systematic assessments of guard behavior, including client feedback
• On-site supervision: Deploy supervisors to periodically observe guards in action, especially in high-risk environments
• Body cameras or surveillance: Implement technology solutions that document interactions and can deter misconduct
• Mystery shoppers: Use undercover evaluations of security personnel performance
• Clear disciplinary procedures: Establish consequences for policy violations, including termination for serious misconduct
• Incident review protocols: Thoroughly analyze any use of force incidents to identify patterns or training needs

Consider implementing a system where supervisors rotate through different locations at unpredictable times to ensure guards maintain professional standards even when they don’t expect direct oversight.

5. Leveraging Technology for Better Security Operations

Technology can enhance both security effectiveness and accountability:

• Body cameras: Provide objective evidence of interactions and often reduce both guard and patron aggression
• GPS tracking: Monitor guard locations during shifts to ensure proper patrol coverage
• Digital reporting systems: Streamline incident documentation and identify patterns
• Communication equipment: Ensure guards can quickly request backup or guidance from supervisors
• Training simulators: Use virtual reality or computer simulations to practice responding to various scenarios
• Scheduling software: Prevent guard fatigue by monitoring hours and ensuring adequate breaks

When implementing technology solutions, be transparent with your staff about how these tools will be used and emphasize that they protect guards as well as the public by providing objective evidence of interactions.

6. Developing Strong Contractual Protections

Well-crafted contracts can help mitigate liability:

• Clearly defined scope of services: Specific delineation of security personnel responsibilities and limitations
• Indemnification clauses: Provisions that clarify liability allocation between your company and clients
• Insurance requirements: Mandated coverage types and amounts
• Training verification: Documentation that all assigned personnel have completed required training programs
• Incident reporting requirements: Protocols for notifying clients of security incidents
• Termination provisions: Clear conditions under which either party can end the contract

Have contracts reviewed by legal counsel specializing in security services to ensure they provide maximum protection while remaining enforceable.

7. Securing Appropriate Insurance Coverage

Insurance is your financial safety net when incidents occur despite preventive measures:

• General liability insurance: Basic coverage for bodily injury and property damage claims
• Professional liability insurance: Coverage for errors and omissions in security services
• Assault and Battery (A&B) coverage: Specialized protection for claims arising from allegations of physical confrontations
• Workers’ compensation: Coverage for injuries security personnel might sustain
• Employment practices liability: Protection against claims of wrongful termination or discrimination
• Cyber liability: Coverage for data breaches involving client information

Work with insurance brokers who specialize in the security industry to ensure you have appropriate coverage levels and understand any exclusions or limitations in your policies.

8. Supporting Guard Wellness and Mental Health

Guards who are mentally and physically well are less likely to resort to excessive force:

• Stress management training: Techniques to handle the unique pressures of security work
• Access to counseling services: Confidential mental health support for guards dealing with trauma or chronic stress
• Adequate breaks and reasonable shifts: Scheduling practices that prevent fatigue and burnout
• Physical fitness programs: Support for maintaining the physical capabilities necessary for the job
• Peer support systems: Opportunities for guards to share experiences and coping strategies
• Regular check-ins: Supervisor-led conversations about job satisfaction and challenges

Remember that security work can be highly stressful, with guards regularly facing confrontational or potentially dangerous situations. Supporting their mental health is not just compassionate—it’s a risk management strategy.

9. Creating a Strong Ethical Culture

Company culture significantly influences guard behavior:

• Lead by example: Ensure management demonstrates the professional behavior expected of guards
• Recognition programs: Reward guards who successfully de-escalate situations without force
• Zero tolerance for misconduct: Consistently enforce consequences for policy violations
• Open-door policy: Encourage guards to report concerns about colleagues’ behavior
• Regular ethics training: Reinforce the values and principles that should guide decision-making
• Transparent communication: Share the outcomes of investigations into misconduct to demonstrate accountability

When guards see that professional, ethical conduct is truly valued—and misconduct has consequences—they’re more likely to make good decisions in challenging situations.

10. Conducting Regular Security Audits and Continuous Improvement

Periodically assess your entire security operation:

• Policy reviews: Evaluate whether current policies reflect best practices and legal requirements
• Training effectiveness assessments: Determine whether training is translating to improved performance
• Client satisfaction surveys: Gather feedback on guard performance and professionalism
• Incident analysis: Review patterns in security incidents to identify systemic issues
• Compliance checks: Verify that all guards maintain required certifications and licenses
• Industry benchmarking: Compare your practices to those of leading security firms

Use audit findings to develop specific improvement plans with measurable goals and clear timelines for implementation.

Case Study: Learning from Security Incidents

Let’s examine how proper preventive measures might have changed the outcome in a real incident:

In the Dollarama case from Toronto, a security guard escalated a situation over a customer’s bag to physical violence. With proper de-escalation training, the guard might have used verbal techniques to resolve the dispute or called for supervisor assistance before resorting to physical force. Clear use of force policies might have specified that physical interventions are appropriate only when there’s an imminent threat to safety—not for enforcing store policies about bags.

Had the guard been wearing a body camera, knowing his actions were being recorded might have encouraged more professional behavior. And if supervisors had been regularly reviewing incident reports and identifying guards who showed patterns of aggressive behavior, this guard might have received additional training or supervision before the incident occurred.

Conclusion: Building a Sustainable Security Business Through Prevention

The security industry faces unique challenges. Your guards must make split-second decisions in tense situations while representing both your company and your clients. When those decisions go wrong, as in the Scarborough incident, the consequences can be devastating for all involved.

By implementing comprehensive preventive measures—from rigorous hiring and training to effective supervision and support—you protect not just potential victims of misconduct but your guards and your business as well. Guards who are well-selected, properly trained, and adequately supported are less likely to resort to excessive force, and your company is better positioned to defend against claims of negligence should incidents occur.

Remember that in security services, prevention isn’t just about avoiding liability—it’s about fulfilling the fundamental promise your business makes to clients: that your guards will make them safer, not put them at risk. By creating a culture of professionalism and accountability, you build a security business that can thrive for the long term, earning the trust of both clients and the communities you serve.

The security industry plays a vital role in protecting people and property. Through diligent preventative measures and a commitment to professional standards, you can fulfill this important role while protecting your business from potentially devastating legal and reputational damage.