Shopping centers, grocery stores, retail chains, restaurants, and other commercial establishments have the legal right to protect their businesses from theft, disturbances, and safety concerns. However, employees and security guards are not authorized to punish, assault, or use excessive violence against a customer or suspect once the situation is under control. Even if a person was shoplifting or behaving disruptively, that does not legally justify a beating or unnecessary physical abuse. Understanding this is crucial to making sure you are kept safe under California law. 

Understanding Reasonable Force Under California Law

Commercial establishments often rely on store employees or security guards to respond to suspected theft or disturbances. California law may allow a temporary detention when there is a reason to believe a person committed theft. This is often referred to as a “shopkeeper’s privilege.” However, the law limits how far employees may go during that detention.

The key legal issue is whether the force used was reasonable under the given circumstances. Courts and juries often examine factors such as:

• Whether the suspect was resisting
• Whether the person was already restrained
• Whether multiple guards used force simultaneously
• Whether weapons or chokeholds were used
• Whether the threat had already ended
• Whether racial bias or discriminatory conduct may have been involved
• Whether surveillance footage supports the store’s version of events

Once a suspect no longer poses a threat or risk of escape, continued violence or aggressive force may expose the business and security guards to legal liability.

Excessive Force Can Lead to Civil Liability

When a customer suffers injuries during a detention or confrontation inside a business establishment, several types of civil claims may occur depending on the facts of the initial accident.

Battery and Assault

Battery generally involves harmful or offensive physical contact without legal justification. Assault may involve conduct that places another person in reasonable fear of harm or danger.

False Imprisonment Claims

False imprisonment may occur when a person is unlawfully restrained or detained. Businesses may face allegations of false imprisonment when the following occurs. 

• A customer is detained for an unreasonable amount of time
• There was insufficient evidence of theft
• Employees detained the wrong individual
• A person was locked inside an office or another room 
• Threats or intimidation were used to prevent someone from leaving

Negligent Hiring or Supervision

Commercial establishments may also face claims involving negligent hiring when they fail to properly screen, train, or monitor employees or security guards. The following are examples of situations when this may occur. 

• Security guards lacked proper training
• The company ignored prior complaints of violence
• Employees were encouraged to use aggressive tactics
• The store failed to supervise third-party security contractors
• Personnel used prohibited restraint techniques

Potential Punitive Damages

In some California civil cases, punitive damages may be pursued when conduct is alleged to be malicious, oppressive, or carried out with conscious disregard for another person’s rights or safety.

Potential Civil Rights Violations

Certain incidents involving excessive force or discriminatory treatment inside commercial establishments may also raise civil rights concerns under California law.

The Bane Act 

The Bane Act allows individuals to pursue claims when someone interferes with constitutional or legal rights through threats, intimidation, coercion, or excessive force.

The Ralph Civil Rights Act

The Ralph Act protects individuals from violence or threats of violence motivated by protected characteristics such as race, ethnicity, national origin, religion, or sexual orientation.

The Unruh Civil Rights Act

The Unruh Civil Rights Act prohibits California businesses from engaging in discriminatory treatment based on one's characteristics.

Evidence Often Becomes Critical

Civil rights and excessive force cases often depend on the available evidence. Important evidence may include, but is not limited to, the following. 

• Surveillance video
• Body camera footage
• Witness statements
• Medical records
• Police reports
• Incident reports
• Employee training records
• Prior complaints involving security personnel

In many situations, surveillance footage from stores or shopping centers can play a major role in determining whether the force used appeared reasonable or excessive. Promptly preserving evidence may be important because some businesses automatically delete surveillance footage after a limited period of time.

Injuries Commonly Reported in Excessive Force Incidents

Individuals involved in violent detentions or confrontations with store security may suffer the following injuries. 

• Concussions
• Facial fractures
• Neck injuries
• Back injuries
• Shoulder dislocations
• Broken ribs
• Bruising and lacerations
• Psychological trauma
• Emotional distress

Some individuals may also experience long-term emotional effects following public confrontations involving humiliation, racial targeting, or excessive violence.

Legal Guidance Following an Incident

Individuals may consider taking the following steps after being involved in an accident where excessive force or civil rights violations occurred at a commercial establishment. 

• Seeking immediate medical attention
• Photographing injuries
• Preserving clothing or damaged property
• Identifying witnesses
• Requesting incident reports
• Avoiding deletion of phone videos or messages
• Consulting legal counsel regarding possible claims

How KAASS LAW Can Help

Incidents involving excessive force, wrongful detention, or discriminatory treatment inside commercial establishments can present complicated legal issues for individuals and their families. Claims may involve the following. 

• Store owners 
• Private security companies 
• Employees

An attorney may help evaluate available evidence, review surveillance footage, investigate the circumstances surrounding the detention, and explain what legal options may be available under California law. Contact KAASS LAW today to learn more about your case.