Harmed at a property that should have been safe? Talk with a team that listens first.

If a security guard sexually assaulted you, or someone you care about, you may be asking whether the security company can be sued too. In some situations, it can. Whether it can turns on what the company did, what it knew or should have known, and how the property was protected.

This page explains how a security guard sexual assault lawsuit in Albuquerque can work under New Mexico law. It covers the evidence that matters and how a claim usually moves forward. It is written for survivors and for family members or friends helping someone decide what comes next.

When a Security Guard Is the Person Who Assaulted You

Who may be responsible for harm caused by a security guard’s conduct depends on the facts of each case. A civil lawsuit for damages is a separate question. Guards may work at offices, apartment complexes, stores, event venues, parking structures, and transit settings across Albuquerque and New Mexico.

When the person hired to keep people safe causes harm, the betrayal can feel deep. A criminal case asks whether the guard broke the law. A civil claim asks whether a company or property owner owed a duty and failed to meet it. The two tracks run on separate timelines.

For broader context, read our sexual assault lawsuit overview.

Can the Security Company Be Sued?

Yes, a security company may be named in some cases. Liability turns on the company’s own conduct, not on the assault alone.

• Negligent hiring, retention, and supervision. The UJI 13-1647 instruction covers claims that an employer knew or should have known an employee posed an unreasonable risk of injury. Under F & T Co. v. Woods, the test is “knew or should have known,” not only actual knowledge. Key questions include whether the company checked the guard’s background, training, and prior complaints.
• Vicarious liability. Holding a company responsible for an employee’s conduct usually requires that the employee acted within the scope of employment. The commentary to UJI 13-1647 says negligent hiring claims do not require that same showing.
• Negligent security by the property side. A property owner owes visitors a duty to use ordinary care to keep the premises safe, under UJI 13-1309. Claims may examine staffing, monitoring, and how known risks were handled.
• More than one defendant. The guard, the security company, and the property owner or manager can each be named. New Mexico generally uses several liability, so each defendant pays its own share of fault. That statute also has exceptions, including for people who acted with intent to inflict injury.

Settings like event venues and transit locations can raise their own questions.

What a Claim May Seek to Recover

A claim may seek money for losses you can document. These often include:

• Medical care, from emergency treatment through follow-up visits, testing, and medication.
• Counseling and mental health care for trauma, anxiety, and sleep problems.
• Lost income, if the injury affected your work.
• Pain, suffering, and emotional distress.

New Mexico follows pure comparative negligence. Your own fault can reduce what you recover, but it does not bar recovery entirely, under Scott v. Rizzo. A claim must also connect the defendant’s failure to your harm. For coverage questions, see our insurance coverage page.

Evidence That Matters, and Why to Preserve It Early

Keeping the right records early helps protect a claim. The items most likely to disappear are often the first to go.

• Any police report number and any criminal case information.
• The guard’s licensing and training records, and the company’s hiring and screening file, which can be requested through the legal process.
• Contracts between the security company and the property owner, showing duties and staffing.
• Surveillance video, access logs, shift schedules, and incident logs, which can be overwritten.
• Prior complaints about the same guard or location, if you know of them.
• Medical, counseling, and pharmacy records, plus a personal timeline written while memory is fresh.
• Messages, photos, and names of witnesses. Think carefully before posting details online.

How a Claim Typically Moves Forward

A case can start with a confidential consultation. They then move through records review and, if needed, a lawsuit.

1. Consultation. You describe what happened, who was involved, and what records exist.
2. Preservation. Letters ask the security company and property owner to keep video, logs, and files.
3. Review. Medical, counseling, and incident records are reviewed, and each possible defendant is evaluated.
4. Filing and discovery. A complaint is filed in the proper New Mexico court. Both sides exchange records and may take depositions.
5. Resolution. A claim may settle, go to mediation, or reach trial. Timelines vary with the facts and the court’s schedule.

Deadlines: Why Timing Matters in New Mexico

New Mexico generally allows three years to bring an action for injury to the person. NMSA 1978 § 37-1-8 sets that period. Exceptions and timing rules can apply, so a general article cannot tell you your exact date.

Civil and criminal cases run separately. Ask about civil deadlines early rather than waiting for a criminal case to finish. The FBI bulletin on statutes of limitation explains how filing deadlines work in sexual assault cases.

About El Gringo Law and Who Answers for This Page

El Gringo Law represents people hurt in car accidents, trucking accidents, premises liability, negligent security, wrongful death, sexual assault, catastrophic injuries, spinal cord injuries, amputations, and burn injuries.

Josh Wood, the responsible lawyer for this page, is licensed in New Mexico and Arizona. The firm has more than one lawyer and support staff. Support staff are not presented as lawyers.

The firm reviews the facts you share and explains your legal options in plain terms. You can reach the firm at elgringolaw.com. The first step is a free, confidential initial consultation with no obligation to continue.

Common Questions About Suing a Security Company

Short answers to common questions follow.

Talk With El Gringo Law About Your Situation

You may be caring for someone who was assaulted by a security guard. You may be weighing whether to report, or trying to learn whether the company can be held responsible. You don’t have to sort that out alone.

Call the firm, use the contact form, or start a chat to talk through what happened. Reach El Gringo Law at elgringolaw.com. Josh Wood is the responsible lawyer for this page.