Q: If a security guard at Goodwill try to arrest me for no good cause, and injured me, do I have a lawsuit ???
He took items out my arms, tried lunging at me, I pushed him away by reaction and fear, and then he proceeded to attack me and try to arrect me. Putting his body all over me and non stop touching me all over. Then smashing me with the clothes rack.
A:
Under California law, you may have grounds for a lawsuit if you were injured by a security guard without cause. Security guards have the right to detain individuals under certain circumstances, such as suspected shoplifting, but they must act reasonably and within the bounds of the law. If the guard used excessive force or acted without just cause, you could potentially file a personal injury claim against both the security guard and the company that employs them.
Your physical response, such as pushing the guard away, could be seen as self-defense, especially if you acted out of fear and in reaction to an aggressive approach. The fact that the guard continued to assault you, even after you tried to defend yourself, could strengthen your case.
It's important to gather any evidence you can, such as witness statements, security footage, and medical records, to support your claim. Consulting with an attorney who understands California personal injury law can help you assess your options and take appropriate legal action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.