Excessive Use Of Force: Your Rights If You’ve Been Injured

In Canada, we expect police officers, security guards, bouncers, and other authority figures to protect the public and to use force only when it is necessary and reasonable.

Unfortunately, situations arise where people are injured by excessive force. When this happens, the injured person may have the right to bring a civil claim for compensation.

What does “excessive force” mean?

When someone in a position of authority uses more force than is reasonable in the circumstances, they are considered to be using excessive force. This could include tackling, striking, punching, handcuffing too tightly, or restraining in a way that causes serious injury.

Who can be held responsible?

• Police officers may be held liable for misconduct during an arrest or investigation.

• Security guards at bars, stores, or events may be liable if they go too far in restraining someone.

• Employers of these individuals can also be held responsible, since they hired and trained them.

What types of injuries are common?

People injured by excessive force may suffer broken bones, concussions, spinal injuries, or psychological trauma such as post-traumatic stress disorder (PTSD).

Legal options

A civil lawsuit can provide compensation for:

• Pain and suffering

• Medical expenses

• Lost wages and future income

• Ongoing care and therapy

In addition to a civil claim, there may also be a police complaint process or human rights complaint, depending on the circumstances.

Why legal advice matters

These cases can be complex. Evidence such as surveillance videos, witness statements, and medical reports must be gathered quickly. The individuals and organizations involved often have strong legal teams defending them.

If you or someone you know has been injured through use of excessive force, remember that you have rights. Speaking with a personal injury lawyer is the first critical step toward accountability and compensation.

I have handled many of these cases and would be happy to speak with you.