Our client, Oscar*, needed representation for suing security guard. He had no prior criminal convictions at the time. He attended a licensed venue with his wife and three sons for a family birthday celebration. During the evening, a violent altercation broke out involving patrons and police officers.
Amid the chaos, Oscar observed one of his sons on the ground being restrained by police. Concerned for his son’s welfare, Oscar attempted to move closer to check on him. At this point, he was intercepted by a security guard (the First Defendant).
Oscar calmly explained that he only wished to ensure his son was safe. Despite this, the First Defendant placed a hand on Oscar’s chest and then forcefully grabbed him by the throat. The First Defendant proceeded to drive Oscar backwards into a nearby structure, pinning him in place.
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Suing Security Guard: How Did It Come To That
The First Defendant continued to apply pressure to Oscar’s throat while restraining him against the surface. As a result, Oscar sustained a significant physical injury, along with pain, distress, and humiliation.
Shortly thereafter, another security guard and several bystanders intervened and pulled the First Defendant away from Oscar, allowing him to be assisted out of the immediate area.
Criminal proceedings were later brought against the First Defendant for assault occasioning actual bodily harm. The offence was ultimately proven; however, no conviction was formally recorded following the appeal process.
Civil Proceedings: Suing For Assault, Battery & False Imprisonment
Oscar subsequently commenced civil proceedings seeking damages for assault, battery, and false imprisonment.
Then, the matter proceeded through litigation and was ultimately resolved at mediation. The parties reached a settlement in favour of Oscar, formalised by a Deed of Settlement and Notice of Discontinuance. In the end, the claim was resolved successfully for our client. Our civil lawyers were able to secure compensation for our client, without the need for a final hearing.
*Names and identifying details have been changed to protect client confidentiality.
Need A Civil Lawyer? A Claim For Assault, Battery, And False Imprisonment
If you’ve been assaulted, injured or unlawfully detained by a security guard or police officer, you may be entitled to sue the state.
Enquire by calling us on (02) 9261 4281 or filling in the form below.
Past results do not guarantee future outcomes. Every case is assessed on its individual merits.
