New York City Security Guard Excessive Force Lawyer
Security guards occupy a strange legal gray zone. They carry authority that looks like law enforcement, wear uniforms designed to project power, and often act in settings where people feel they have no choice but to comply. But security guards are not police officers, and when they cross the line from controlling a situation to inflicting harm, the law provides real recourse for the people they hurt. If you were physically assaulted, restrained beyond reason, or otherwise injured by a security guard’s actions, a New York City security guard excessive force lawyer can help you hold the guard and their employer accountable.
What makes these cases distinct is that the harm is rarely accidental. Excessive force by a security guard usually involves a deliberate act, a tackle, a choke, a strike, or a prolonged restraint that was never justified by the situation. The person on the receiving end often did nothing more than ask a question, refuse to leave immediately, or simply be in the wrong place when a guard decided to assert dominance. That kind of conduct does not disappear because someone had a badge and a contract with a shopping mall or hotel. It creates civil liability, and in many cases, criminal exposure for the guard.
New York City generates these cases at a scale few other places match. Between the density of retail stores, hospitals, apartment buildings, concert venues, night clubs, subway-adjacent properties, and large commercial complexes, there are hundreds of thousands of private security personnel working across the five boroughs. The vast majority never cause harm. But when one does, the injury is often serious, and the path to compensation requires understanding both personal injury law and the specific rules that govern private security in New York.
What Cohan Law Firm Brings to Security Guard Assault Cases
Cohan Law Firm has recovered over $100 million for accident and injury victims across New York City, building a track record across the full range of personal injury claims, including cases where the harm came not from a car or a construction site but from another person’s deliberate violent act. Our attorneys come from large firm backgrounds and are supported by medical professionals who help document the full scope of injuries from the outset. Several of our attorneys hold membership in the Multi-Million Dollar Advocates Forum, recognizing verdicts and settlements of $1 million or more.
More than 550 five-star client reviews reflect what our clients consistently say: we stay in contact, we explain the process clearly, and we treat the people we represent like individuals rather than case numbers. One client described the team as “the most honest law firm I have worked with.” Another noted that the process was handled so that they could focus entirely on recovery. That kind of feedback matters in excessive force cases, where the person who was harmed is often dealing with both physical injuries and the psychological toll of being attacked by someone who was supposed to be providing security. We handle consultations and retainer agreements digitally, so you can get started without having to travel. We also serve Spanish-speaking clients. Hablamos Español.
Excessive force claims against security personnel involve layers that general practitioners may not think through: the employment relationship between the guard and the property owner, licensing requirements under New York’s security guard statutes, whether the property owner conducted a negligent background check, and how to value injuries that range from bruised ribs to traumatic brain injuries. Our team works through those layers systematically. We use AI-powered legal technology to analyze evidence faster and identify liability patterns that insurance carriers hope will go unnoticed.
Types of Security Guard Force Claims We Handle in New York
- Physical assault and battery: When a security guard strikes, shoves, punches, or otherwise physically attacks a person without legal justification, that constitutes battery under New York civil law. These incidents occur frequently in retail environments, transit hubs, and nightlife venues across Manhattan, Brooklyn, and the Bronx.
- Unlawful detention and false imprisonment: Security guards have extremely limited authority to detain people, far more limited than many guards apparently believe. Holding someone against their will in a back room, blocking their exit, or physically restraining them without reasonable cause and without promptly involving police can give rise to a false imprisonment claim alongside any assault claim.
- Choking, choke holds, and restraint injuries: Neck holds and compression restraints can cause serious injury or death even when not intended to kill. New York has seen high-profile deaths resulting from security guard choke holds, and civil claims in these situations can involve both the guard and the business that employed them.
- Injuries during wrongful removal or ejection: Being physically dragged out of a venue, thrown to the ground, or injured while being forcibly removed from a property can result in fractures, head injuries, and spinal trauma. The guard’s authority to remove someone does not include the right to injure them in the process.
- Excessive force in commercial and residential buildings: Large apartment complexes, office towers, and mixed-use developments throughout Queens, the Bronx, and Staten Island employ building security staff whose actions can create liability for building owners and management companies when those actions go beyond reasonable force.
- Hospital and healthcare security incidents: Security guards at hospitals and healthcare facilities are not exempt from civil liability when they use force that is disproportionate to the situation. Patients, visitors, and staff have all been injured by hospital security in New York City facilities.
- Negligent hiring and supervision by property owners: When a guard with a history of violence, a criminal record, or revoked licensing injures someone, the property owner and security contractor who hired that person without adequate screening face independent liability for negligent hiring and retention.
What to Do After Being Hurt by a Security Guard in New York City
The hours and days after a security guard assault are critical, both for your health and for any legal claim you may bring. The first priority is medical attention. Even if you believe your injuries are minor, get evaluated. Head injuries, internal soft tissue damage, and concussions frequently feel less serious immediately after an incident than they turn out to be. If you were injured in Manhattan, Brooklyn, or elsewhere in the five boroughs, every major hospital system in the city has emergency departments capable of documenting your injuries. That documentation becomes part of your case.
While still at the scene or as soon after as physically possible, do three things. First, get the name and identifying information of the security guard who harmed you, including their employer if it appears on their uniform. Second, identify witnesses and get their contact information before they leave. Third, look for camera coverage. Nearly every commercial property in New York City has surveillance footage. That footage has a limited retention window, typically anywhere from a few days to a few weeks depending on the system and the property. If an attorney is not involved quickly enough, the footage may be overwritten before it can be preserved with a formal legal hold notice.
File a police report. A security guard who commits assault has committed a crime, regardless of who employed them. The NYPD precinct with jurisdiction over the location of the incident will take the report. This creates an official record and opens a parallel criminal process that can sometimes produce witness statements and evidence useful to your civil case. If the incident occurred on or near a subway property, the Metropolitan Transportation Authority Police may have jurisdiction as well.
Personal injury claims in New York are generally subject to a three-year statute of limitations from the date of the injury. However, if a city agency or authority was involved in any way, for example if the security contractor worked at a public facility managed by the City, much shorter notice deadlines may apply. Do not assume the full three years applies to your case without confirming whether any government entity is in the chain of liability. Consulting a New York City security guard excessive force attorney quickly protects you against these shorter deadlines.
One mistake people commonly make is accepting a quick settlement offer from the security company’s insurer without understanding the full value of their claim. Insurance adjusters often reach out early with figures that do not account for ongoing treatment costs, lost wages, or long-term consequences. Getting legal representation before engaging in any settlement discussions is the single most effective thing an injured person can do to avoid undervaluing their claim.
How Liability Works When a Security Guard Hurts Someone
New York courts recognize multiple theories of liability in these cases, which matters because it determines who can be held responsible and for how much. The most direct path is against the guard personally, for the intentional act of assault or battery. But guards frequently lack the individual financial resources to satisfy a judgment. The more meaningful claim is usually against the property owner, the business operating on the property, or the security company that employed the guard.
Employers can be held liable under a doctrine called respondeat superior when their employee commits a harmful act within the scope of employment. A security guard who uses force while on duty, during the performance of their security function, creates exposure for their employer under this doctrine. The question of whether the guard was acting within the scope of employment sometimes requires analysis, particularly when the force was so extreme that the employer argues the guard went completely rogue. But courts have found employer liability in many of these cases, especially where the employer had any reason to know the guard posed a risk.
Separate from respondeat superior, property owners can be sued for negligent hiring, negligent retention, and negligent supervision. Under New York law, a business that employs or contracts with a security company has some duty to confirm that the guards working on their property are qualified and not known to be dangerous. If a guard had prior incidents of violence, a suspended security license, or complaints in a prior employment that went uninvestigated, the hiring entity may face direct liability independent of anything the guard did on that particular day.
Damages in these cases can include compensation for medical expenses both already incurred and anticipated for future treatment, lost wages, diminished earning capacity if the injury affects your ability to work, and compensation for pain and suffering. In cases involving especially egregious conduct, punitive damages may also be available, designed to punish and deter conduct that goes beyond mere negligence into deliberate or reckless disregard for another person’s safety.
Questions About Security Guard Excessive Force Claims in New York City
Can I sue a security guard for assault in New York?
Yes. A security guard who physically attacks someone without legal justification can be sued for assault and battery under New York civil law. You can name both the guard individually and their employer or the property owner in the same lawsuit, pursuing all available sources of compensation at once.
What is the difference between what a security guard is allowed to do and what crosses the line?
Private security guards in New York are generally authorized to ask people to leave private property, observe and report criminal activity, and use reasonable force to protect themselves or others from imminent physical harm. They are not authorized to chase, tackle, strike, choke, or detain people arbitrarily. The moment force goes beyond what is reasonably necessary to address a genuine, immediate threat, it crosses into legally actionable territory.
What if the security guard claims I was trespassing or causing a disturbance?
Even if a security guard had a lawful basis to remove you from a property, that does not justify injuring you in the process. The right to remove someone and the right to harm them are entirely different things. You can be both technically trespassing and a victim of excessive force at the same time. The trespassing issue is legally separate from the excessive force issue.
Does New York have a licensing system for security guards?
Yes. New York State requires security guards to be registered through the Department of State under the Security Guard Act. Guards must meet training requirements, pass background checks, and maintain their registration. When a guard operates without valid registration, or when a company employs unregistered guards, those violations can be relevant evidence in a civil case.
What if the incident was caught on camera but the business is refusing to give me the footage?
Businesses are not obligated to voluntarily share surveillance footage. Once litigation begins, footage can be obtained through discovery. More importantly, an attorney can send a legal hold letter demanding that footage be preserved before litigation formally starts. Failure to preserve footage after receiving such a notice can result in court sanctions against the business, which can benefit your case significantly.
Can I bring a claim if I was partially at fault, for example if I got into an argument with the guard before the physical contact?
New York follows a comparative fault rule, meaning your compensation can be reduced by the percentage of fault attributable to you, but you can still recover as long as you were not the sole cause of the incident. Arguing with a security guard, even loudly or aggressively, does not justify the guard physically attacking you. Courts and juries regularly distinguish between verbal confrontation and physical threat.
What if the security guard worked for a company contracted by the City of New York or an MTA facility?
If a government entity is anywhere in the chain of liability, special procedural requirements apply. Claims against New York City require a Notice of Claim to be filed within 90 days of the incident. Missing that deadline can permanently bar your claim against the city, regardless of how serious your injuries are. This is one of the most important reasons to contact a security guard excessive force attorney in New York City without delay.
My injuries seemed minor at first but turned out to be more serious. Does that affect my case?
No, and this situation is actually very common in assault cases. You are entitled to compensation for the full extent of your injuries as they are ultimately diagnosed and treated, not just the initial assessment. This is why settling quickly before your condition is fully understood is almost always a mistake. A medical professional’s thorough evaluation documents the true scope of your injuries, which forms the basis for accurate damages calculations.
Can family members bring a claim if a security guard killed someone?
Yes. Surviving family members can bring a wrongful death claim under New York law. These claims address the economic losses the family has suffered as a result of the death, including lost financial support and funeral expenses. A separate survival action can also address the pain and suffering the deceased experienced between the incident and death. Wrongful death cases involving security guard actions have resulted in substantial verdicts and settlements in New York.
Is there any reason not to give a recorded statement to the security company’s insurance adjuster?
There is almost never a reason to give a recorded statement to an opposing insurance company without an attorney present. Adjusters are trained to ask questions in ways that elicit answers they can later use to reduce or deny your claim. Statements made before you understand the full extent of your injuries, the applicable law, or the strength of your claim can cause real damage. Refer any such requests to your attorney.
Representing Security Guard Assault Victims Across New York City and Beyond
Our security guard excessive force practice extends across all five boroughs and the surrounding region. We represent clients who were injured at commercial properties, entertainment venues, retail establishments, and residential buildings throughout Manhattan, including Midtown, the Financial District, Harlem, Washington Heights, and the Upper East and West Sides. In Brooklyn, we handle cases arising from incidents in Williamsburg, Crown Heights, Flatbush, Bay Ridge, Bushwick, and downtown Brooklyn. Our Bronx clients come from neighborhoods including the South Bronx, Fordham, Pelham Parkway, Mott Haven, and Co-op City. In Queens, we represent people from Jamaica, Flushing, Astoria, Long Island City, Jackson Heights, Far Rockaway, and Forest Hills. Staten Island communities including St. George, New Dorp, and Stapleton are also within our service area.
Beyond the five boroughs, we serve clients in Nassau County, Suffolk County, Westchester County, and surrounding areas who were injured at properties or facilities with connections to New York City. Whether the incident occurred at a sports arena, a transit facility, a hotel, a hospital, or a large apartment complex, our team evaluates where liability lies and pursues every available avenue of recovery. Cases involving excessive force at venues along heavily trafficked commercial corridors in Manhattan and Brooklyn, or at large transit-adjacent properties throughout the city, often involve multiple parties and substantial insurance coverage, and we build these cases accordingly.
Talk to a New York City Security Guard Excessive Force Attorney Today
A security guard who hurt you was supposed to be doing exactly the opposite. When that betrayal results in real physical harm, real medical bills, and real time lost from work, you have every right to pursue compensation from the people responsible. Cohan Law Firm represents injury victims throughout New York City, and our team is ready to evaluate your excessive force claim without any upfront cost. There is no fee unless we recover for you.
Contact Cohan Law Firm today to speak with a New York City security guard excessive force attorney about what happened and what your options are. We handle consultations digitally, so you can get answers without traveling, and we are available in both English and Spanish. Let us take on the legal fight while you focus on recovery.