Legal remedies for misconduct by retail security.
Overview of Security Personnel
Today we’re going to talk about the increased presence of security personnel in retail establishments, offices, houses of faith, and other similar locations due to the rise in random acts of violence in the country. I’m Mike Ashworth, a personal injury attorney in Oklahoma. I want to inform you that you have the right to take legal action against security personnel for certain acts.
In the state of Oklahoma, security personnel, whether armed or unarmed, are required to undergo basic training known as CLEET, which stands for Council on Law Enforcement Education and Training. I have personally taught this training as a former prosecutor. The purpose of this training is to ensure that security personnel are properly trained in the application and use of force.
It’s important to note that carrying a weapon requires a higher level of training. While many security personnel are unarmed, their presence is meant to serve as a visible deterrent rather than an armed one. They are trained in various techniques such as grabs, arm holds, body hug techniques, and the use of handcuffs.
Suing Security Personnel for Misconduct
Now, let’s discuss a scenario where you are wrongly accused of shoplifting or any other misdemeanor. If a security guard approaches you and demands to search your pockets, you have the right to refuse. However, if the situation escalates and the guard uses force against you, you may have grounds for a lawsuit.
In such a case, you can sue the security guard individually as well as the company they work for. Additionally, if the store itself contributes to the control and methodology of the security guard, you may also be able to sue the store. For example, if the store has a specific code that directs the security guard to a particular area, it may not be enough to hold the store liable. However, if the store instructs its personnel to rush to the front of the store whenever the code is announced, they may bear some responsibility.
While security companies usually have insurance, they are not considered true law enforcement. They can make arrests, but it’s more of a citizen’s arrest where they must call the police and hand over the individual without using unreasonable force. If they use excessive force, such as handcuffing someone to a chair for an extended period, it would likely be considered unreasonable.
Free Consultation
If you have any questions or need legal assistance, please don’t hesitate to reach out to us. We are here to help. Visit our website at TulsaPersonalInjuryLawyer.pro or call us at 918-924-5528 for a free consultation. My name is Mike Ashworth, an experienced personal injury lawyer in Tulsa. We will handle your case with care and expertise. Be vigilant and protect your rights.
