Top 3 Reasons Security Guards Get Sued (And How Training Prevents It)

Learn the most common lawsuits against California security guards — excessive force, false arrest, and negligent hiring — and how proper BSIS training prevents them.

Security guards in California face real legal risk every shift. Unlike police officers, guards do not have qualified immunity — meaning they can be personally sued for their actions on the job. Understanding the top causes of lawsuits can save your career, your finances, and your freedom.

#1: Excessive Force

The most common lawsuit against security guards. Excessive force occurs when a guard uses more physical force than what is reasonably necessary for the situation.

Examples that lead to lawsuits:

Tackling a shoplifter who was walking away

Using a baton on someone who was only verbally aggressive

Continuing to restrain someone after they've stopped resisting

Using OC spray in a crowded area without warning

How training prevents it: The BSIS-required Powers to Arrest training teaches the force continuum — a step-by-step escalation model that starts with verbal commands and only escalates when lower levels fail. Guards who follow the continuum can demonstrate they acted reasonably.

Relevant law: California Civil Code §52.1 (Bane Act) — allows victims of excessive force to sue for damages.

#2: False Arrest / False Imprisonment

The second most common lawsuit. This happens when a guard detains someone without legal justification.

Examples that lead to lawsuits:

Detaining someone based on a "hunch" without witnessing a crime

Holding someone for hours while waiting for police

Locking someone in a room without their consent

Accusing someone of theft based on their appearance

How training prevents it: Proper training covers Penal Code 837 (citizen's arrest requirements) and emphasizes that you must have directly witnessed the crime or have reasonable cause for a felony. Training also teaches the concept of "reasonable time" for detention.

Relevant law: Penal Code 236 (false imprisonment) — up to 1 year in jail plus civil damages.

#3: Negligent Hiring / Negligent Retention

This one hits the security company, not just the guard. Employers are liable when they:

Hire someone without proper background checks

Fail to verify BSIS licensing

Keep an employee who has shown patterns of misconduct

Don't provide required training

How training prevents it: Companies that follow BSIS requirements (40-hour training, Live Scan background checks, annual continuing education) have a strong legal defense. Cutting corners on training is the fastest way to lose a negligence lawsuit.

Relevant law: California Civil Code §1714 (general negligence) and respondeat superior doctrine.

The Tort Liability List

Here's a quick reference of the most common civil claims against security guards:

Claim	Legal Basis	Typical Damages
Excessive force	CC §52.1, PC 240/242	$50K–$500K+
False arrest	PC 236, CC §43	$25K–$200K
False imprisonment	PC 236	$25K–$200K
Assault & battery	PC 240, 242	$50K–$500K+
Negligent hiring	CC §1714	$100K–$1M+
Defamation	CC §44–46	$10K–$100K
Invasion of privacy	CC §1708.8	$10K–$50K
Wrongful death	CCP §377.60	$500K–$5M+