Q: can security sue the business they work for after a guest breaks their nose?
We hired security for New Years and he began to use excessive force on an intoxicated guest who was not even fighting back and he pushed him into a wall. As he was pushing him in the guest went to shield his face and broke his nose. He is an officer who has many complaints again him including using excessive force on duty. He is now threatening to sue the buisness. Does he have a case?
A: To those of us who are unfamiliar with the facts, your frequent use of the words "he" and "his" without clarifying who is being referred to each time makes this a confusing question. It's hard to tell if each use of the words refers to the guard or to the guest. I'm guessing the guest somehow broke the guard's nose and the guard is now threatening to sue the business that hired him as a security guard. Your best bet is to check your insurance policies to decide which company (or companies) you need to notify if the guard sues you. Was the guard hired through an agency? If so, what does their contract with you say about liability for injuries? If the guard was the aggressor in the situation and the guest was simply protecting himself, the guard seems to have a pretty tough case.
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