Did a security company's hiring choices put you in harm's way?

When a security guard hurts someone, the company that hired, trained, and supervised that guard may also be responsible. In New Mexico, a security company negligent hiring claim in Albuquerque asks whether the company knew or should have known the guard would create an unreasonable risk of injury to a group or class that includes the plaintiff. Here’s how that claim works and what to save right away.

What negligent hiring and training of security guards means

Negligent training means it failed to prepare guards for dangers it should have expected.

New Mexico law asks whether the company “knew or should have known” about the risk. Actual knowledge is not required.

A hiring problem might be a background check that should have flagged a warning sign. A training problem might be guards who were never taught how to handle a confrontation the company should have expected.

These claims target the company’s own choices. They are separate from any claim against the guard personally. Claims like these often arise alongside negligent security claims against the property owner.

Who may have a claim and when this comes up

Injured visitors, customers, tenants, and workers may have a claim when a guard’s unfitness or lack of preparation contributes to their harm. Our team handles wrongful death matters that follow a fatal incident.

Common settings include apartment complexes, retail centers, bars, hotels, and office buildings in the Albuquerque area. Typical situations include:

• A guard used excessive force.
• A guard failed to respond to a known threat.
• An assault followed warning signs that trained, supervised guards should have recognized.

New Mexico’s UJI 13-1647 NMRA commentary says the employee does not have to be acting within the scope of employment when the injury happens. In a death case, the claim is brought by the deceased person’s personal representative under NMSA 1978, § 41-2-3.

What investigators look at: screening, training, and supervision

Investigators usually start with the company’s records for the guard involved. They look at screening, licensing, training, and supervision.

The jury instruction asks whether the company failed to use ordinary care in hiring, retaining, or supervising the guard. UJI 13-1647 NMRA lists this as a required element.

Records that often matter include:

• Screening: background and reference checks, prior incidents, and whether the company checked what it relied on.
• Licenses: each guard’s state licensing records, and whether they matched the assignment.
• Training: use of force, de-escalation, emergency response, and site orientation.
• Post orders: written instructions for the location, and proof guards received them.
• Supervision: patrol logs, incident reports, performance reviews, and what the company did after earlier complaints.

The company’s failure must be a cause of the injury, but it does not have to be the only cause.

Injuries and losses these claims can involve

These claims can involve assault injuries, catastrophic injuries, spinal cord injuries, burns, amputations, and wrongful death. The type of injury shapes the losses.

• Assault injuries, such as fractures, head trauma, and internal injuries.
• Catastrophic and spinal cord injuries that change work, daily living, and long-term care needs.
• Burns and amputations that may follow a violent incident or a fire.
• Wrongful death, with the surviving family’s losses described in general terms.
• Medical bills, lost income, and other losses a court or insurer may consider.

If a jury finds the injured person partly at fault, damages are reduced by that share. UJI 13-2218 NMRA sets out how that calculation works.

How a claim moves forward, step by step

A claim usually moves from an initial consultation to records requests, investigation, evaluation, negotiation, and, if needed, a lawsuit. Timelines vary.

1. Consultation. Review the incident, the injuries, and any records already on hand.
2. Preservation letters. Written requests go to the security company, property owner, and other possibly responsible parties, asking them to keep records and video.
3. Investigation. This may include incident reports, guard files, training and licensing records, and witness statements.
4. Evaluation. Liability and damages are reviewed, including medical documentation. New Mexico’s several-liability statute, Section 41-3A-1, provides that when comparative fault applies and liability is several, a defendant who shows that someone else’s fault was a proximate cause of the plaintiff’s injury is responsible only for the portion of the total damages award equal to that defendant’s share of the total fault attributed to all persons, including plaintiffs, defendants and persons not party to the action; joint and several liability still applies in the situations the statute lists, such as when a person acted with the intention of inflicting injury.
5. Negotiation or suit. Insurers may negotiate. If needed, a lawsuit is filed.

New Mexico’s Section 37-1-8 requires that a lawsuit for an injury to a person, or to a person’s reputation, be brought within three years. Under NMSA 1978, § 41-2-2, an action brought under the wrongful death provisions must be brought within three years after the cause of action accrues, and the cause of action accrues as of the date of death (NMSA 1978, § 41-2-2 — three years from the date of death). Other deadlines can apply, so early contact matters.

Evidence to preserve right away

The most useful evidence shows who was on duty, what happened, and what the company knew. Video needs attention first, because it can be overwritten.

• Names of the guards involved, plus any badge or employer details.
• The security company’s name, if it appears on uniforms or vehicles.
• Photos of injuries, the scene, lighting, signs, and access points.
• Video from the location. Ask for it to be saved in writing.
• Names and contact details for witnesses.
• Texts, emails, or social media posts describing the incident.
• Medical records, bills, and a written timeline of symptoms and treatment, kept in one place.

Keep a copy of anything you send to a company or insurer.

Why El Gringo Law handles these claims

El Gringo Law represents personal injury clients in New Mexico, primarily car accident victims. Its practice areas include negligent security, premises liability, and wrongful death.

The firm also handles trucking accidents, catastrophic injuries, spinal cord injuries, amputations, burn injuries, and sexual assault cases. The firm works with injured people in communities across New Mexico.

Josh Wood is the responsible lawyer for this page, and he is licensed in New Mexico and Arizona. Our team includes support staff who help with records and client communication.

Every case is different. The facts of each situation decide which rules apply and how the claim develops.

Questions readers ask about security company negligence

Most readers want to know whether they can sue the company, how long they have, and what the first conversation costs. The short answers are below.

Talk with our team about the incident you are researching

Reading about these claims can be hard when you’re hurt or waiting for news about someone you love. You don’t have to sort through the questions alone.

Josh Wood and our team can talk through what happened with you. Call the firm, submit the contact form at El Gringo Law’s contact page, or start a chat to describe the incident.