Assaulted by a Security Guard? Talk With El Gringo Law

Being sexually assaulted by a security guard is frightening, and it can leave you unsure who is responsible. This page answers the question many people ask first: can you sue in New Mexico?

Can You Sue a Security Guard for Sexual Assault in New Mexico?

Yes, a civil lawsuit may be possible when a security guard’s conduct caused you harm. Whether a claim is viable depends on the facts, including who employed the guard, where the assault happened, and what the property owner knew or should have known about the risk.

Under New Mexico law, a plaintiff’s own percentage of fault, if any, reduces the damages recovered but does not bar recovery entirely (Scott v. Rizzo). If a fatal assault killed a loved one, eligible family members may be able to bring a wrongful death claim instead.

The firm offers a free, confidential first consultation, with no obligation to continue.

Who May Be Responsible When a Guard Commits Sexual Assault?

More than one party can be responsible, and a claim can name several defendants. Each party’s role is examined on its own facts.

• The guard. The person who committed the assault can be named as a defendant.
• The employer or security company. New Mexico’s jury instruction on negligent hiring, retention, or supervision asks whether the employer knew or should have known the employee posed an unreasonable risk of injury. It also asks whether the employer failed to use ordinary care and whether that failure caused the injury (UJI 13-1647 NMRA). The employer’s duty runs to people it could reasonably expect to face that risk (Spencer v. Health Force). This type of claim does not require that the guard was acting within the scope of employment during the assault.
• The property owner or business. A landowner owes visitors a duty of ordinary care to keep the premises safe (UJI 13-1309 NMRA). A landowner must also use ordinary care to protect visitors from harm caused by a third party’s foreseeable conduct, including criminal conduct (UJI 13-1320 NMRA). This duty is the core of many negligent security claims.
• Public employers. If the guard worked for a school district, city, or other public entity, the New Mexico Tort Claims Act may apply. That law sets different rules, including shorter deadlines and a written notice requirement.

What Can a Civil Claim Include?

A civil claim can seek money for the losses the assault caused, to the extent New Mexico law and your evidence allow.

• Medical costs. This can include emergency care, follow-up treatment, and counseling or therapy tied to the assault.
• Lost income. This covers wages you missed and lost earning capacity if the injury affects your ability to work.
• Pain and emotional harm. This can cover physical pain, emotional distress, and loss of enjoyment of life, where the law permits them.
• Wrongful death damages. A jury may award compensatory and exemplary damages. It weighs the pecuniary injury to surviving family and the circumstances of the wrongful act (NMSA 1978, § 41-2-3).

Damages depend on your medical records, documentation, and the facts of your case. No dollar amount can be predicted before that review.

Do Civil Claims and Criminal Cases Run Separately?

Yes.

• The injured person brings a civil claim against the people or companies responsible.
• Civil claims seek compensation for harm.

Reporting to police and getting medical care are separate choices. You can make each one at a pace that feels right. If both paths are open, the timing of statements and filings can matter, so raise that point early in your consultation.

How Long Do You Have to File, and What Evidence Matters?

New Mexico personal injury claims generally must be filed within three years (NMSA 1978, § 37-1-8; personal injury deadline). Wrongful death claims must be brought within three years, and the clock starts on the date of death (NMSA 1978, § 41-2-2).

Some exceptions apply. If a public employer is involved, shorter Tort Claims Act deadlines can apply, so early review matters.

Preserve these items as soon as you can:

• Incident reports and any police report numbers
• The guard’s name, supervisors’ names, and the security company’s name
• Security contracts, shift logs, and staffing records, requested as early as possible
• Camera footage, requested early, before it is overwritten
• Texts, emails, and social media messages
• Medical records, photos of injuries, and a written timeline of events

Limit conversations with the security company or property owner until you have spoken with a lawyer.

How Does the Claim Process Work, Step by Step?

A claim usually moves from a first consultation to investigation, a written demand, and, if needed, a lawsuit.

1. First consultation. You describe what happened in a free, confidential conversation, with no obligation to continue.
2. Investigation. The firm gathers records, identifies responsible parties, and preserves evidence. This often takes weeks to months.
3. Claim development. Damages are documented, and a demand goes to the insurer or defendant.
4. Lawsuit, if needed. The case is filed, followed by discovery, such as the exchange of documents and depositions.
5. Resolution. The claim ends in a settlement or at trial. Timing varies with the case, the court, and how each defendant responds.

Why Survivors Contact El Gringo Law

El Gringo Law handles sexual assault and negligent security claims for people across New Mexico.

• Josh Wood is the responsible lawyer for this page. He is licensed in New Mexico and Arizona.
• The firm has more than one lawyer, along with support staff, including assistants and office staff.
• Questions are answered in plain language before you decide anything.
• To learn more, read about sexual assault lawsuits in New Mexico.
• Every case is different, and past results do not predict a similar outcome.

Contact: El Gringo Law, elgringolaw.com.

Frequently Asked Questions