Las Vegas is known for its world-famous nightlife, gambling, and entertainment attractions and receives a significant number of nightlife visitors. This increase in visitor traffic often creates a higher risk of criminal activity. Common negligent security claims in Las Vegas arise when property owners and managers fail to implement the proper safety measures to shield visitors, tenants, and guests against unnecessary injuries and damages.
Property owners and managers are responsible for preserving a publicly accessible and enjoyable environment. Claims for negligent security can occur in several different environments and locations. A few of the most common include places where people expect to be safe but are vulnerable due to insufficient security measures. Examples of such often include:
- Entertainment Venues: Bars, nightclubs, theatres, and arenas that draw large crowds and require heavy security.
- Residential Properties: Condos, apartment buildings, and other residential locations where security may be under the control of homeowners’ associations or landlords.
- Public Spaces: Parks, leisure centers, and other locations open to the public that are looked after by the government or private businesses.
- Commercial Properties: Shopping malls, retail stores, office buildings, and other commercial establishments where owners and managers have a duty to keep customers safe.
Proving Negligence in Security Claims
Successfully proving a negligent security claim requires thorough and meticulous evidence gathering. Plaintiffs must demonstrate that the property owner or manager failed to provide adequate security measures that directly led to their injury. The following types of evidence are crucial in establishing a strong case:
- Incident Reports: Documenting previous crimes or security breaches on the property.
- Surveillance Footage: Analyzing video evidence to identify lapses in security.
- Expert Testimony: Security experts can provide insights into industry standards and how the property failed to meet them.
- Witness Statements: Testimonies from victims, witnesses, and employees can corroborate claims of inadequate security.
- Maintenance Records: Checking if security systems and lighting were properly maintained and functional.
Casino Security Issues
Vegas casinos process millions of dollars in cash at a time and are constantly full of people. If a casino patron is mugged in a dark parking garage because there are not enough security patrols, the casino will likely be found to be legally responsible under the principles of negligent security. Casino negligent security claims will often allege:
- Neglected Parking Garages: Poor lighting and lack of patrols can lead to car break-ins, rapes, and other assaults in casino parking garages.
- Lack of Surveillance: The surveillance system is obsolete and/or poorly maintained, leading to a high probability of criminal activity (e.g., theft or cheating) going undetected.
- Security Presence: When there are not enough security personnel present, that can be a red flag that emboldens criminals to act.
Nightclub and Bar Security Failures
Las Vegas nightlife is vibrant but can quickly turn violent without proper security measures. If a patron is injured in a fight because the club is overcrowded, the establishment can face a negligent security claim. Common security lapses in nightclubs and bars include:
- Overcrowding: Allowing more patrons than the venue can safely accommodate can lead to fights and injuries.
- Poor Bouncer Practices: Inadequately trained or insufficient bouncers can fail to control aggressive patrons or prevent unauthorized access.
- Unmonitored Restrooms and VIP Areas: These secluded areas can become sites for assaults or drug-related activities if not properly monitored.
Venue Security for Concerts and Events
Numerous concerts and events are held in Las Vegas, demanding the implementation of severe safety precautions to control enormous crowds. Event organizers may be held liable if a concertgoer is hurt as a result of insufficient crowd control. Claims of negligent security in various locations may result from:
- Inadequate Bag Checks: If guests are not thoroughly screened, guns or other contraband may be brought into the event.
- Absence of Emergency Exits: During an emergency evacuation, injuries may result from a lack of emergency exits or inadequately designated exits.
- Inadequate Crowd Control: Fights or trampling can occur when big crowds are not properly managed.
FAQs
Q: What Is the Negligence Standard in Nevada?
A: Nevada applies the negligence standard to personal injury matters of all kinds. To prevail in a negligence claim, the plaintiff must show that they indeed suffered damages and that the defendant:
- Owed the plaintiff a duty of care
- Breached the duty of care
- Caused the injury or damage in question by the breach.
Q: What Are the Elements of Gross Negligence in Nevada?
A: In Nevada, gross negligence is characterized by a flagrant disrespect for other people’s safety and a significant departure from the standard of reasonable care. The plaintiff must show that the defendant’s acts went beyond simple negligence in order to establish gross negligence, exhibiting a profound disregard for the possible repercussions of their choices.
Q: What Is the Contributory Negligence Rule in Nevada?
A: Nevada employs a comparative negligence rule, which means that even if the plaintiff is found to be partially at fault for causing his or her own injury, he or she is not automatically barred from recovering damages. However, if they are found to be 51% or more at fault in causing the accident, he or she can be barred from recovering damages. In these latter cases, the judge or jury will reduce the total compensation owed to the plaintiff by a corresponding measure.
Q: What Is the Statute of Limitations for Negligence in Nevada?
A: In Nevada, the time limit for bringing a negligence claim is usually two years from the date of the accident or the date the damage was discovered. For most personal injury cases, including claims of negligent security, you usually forfeit your right to launch a lawsuit if you don’t file within this window of time.
Contact a Las Vegas Personal Injury Lawyer at Easton & Easton
Knowing the nuances of negligent security claims and the related legal standards in Nevada can help property owners avoid injuries and liability while also helping victims understand their legal rights to pursue compensation if a crime does occur on or around the property. If you believe you might have a negligence claim, contact us for a consultation.