If a member of a security staff security is chasing a person and accidentally injures another person, can a claim be filed?

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If a member of a security staff security is chasing a person and accidentally injures another person, can a claim be filed?

My mom was injured by a member of a security staff, who was chasing a person. Is there a case involved this. The employee pushed my mother out of the way and she fell onto a hydrant. She was hurt and sent to the hospital. The injuries were not severe, but she did not work the next day. This is the gist of it and I just want to know if my mom can seek any possible legal action?

Asked on October 24, 2010 under Personal Injury, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your mom could potentially sue either the guard or the employer.

1) When person either deliberately or carelessly (negligently) injures another person, the one causing the injury may be at fault or an liable for the harm he causes. Pushing your mom out of the way could be an intentional or negligent act (depending on circumstances) giving rise to liability.

2) An employer is liable for the actions of its staff done in the course of employment--so, for example, a security guard or other security staff member chasing someone as part of his security job.

However, what you can sue for and recover is limited to the harm suffered--so, for example, medical costs and a lost day's wages, which may not be worth actually suing for. It might be worth contacting the employer and seeing if they'll agree to give you mom something as settlement for her trouble and pain, to avoid and possibility of being sued.


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