For many people, the allure of traveling to a city like Las Vegas is the fast-paced nightlife bathed in a background of neon lights and yardstick margaritas. When local club and show owners admit large numbers of these customers into their venues, they subsequently take on the large responsibility of keeping everyone safe.
Patrons come to Las Vegas to have fun (and maybe try to win big), without having to fear for their safety. For the most part, clubs and shows have proven to be relatively safe over the years. However, there are cases in which security personnel act improperly or even negligently, resulting in injuries and even death in some cases.
In the event that someone is injured or killed due to incompetent security personel, it is always best to retain the services of an experienced Las Vegas personal injury attorney. They can help you get a higher settlement, preserve all the necessary evidence, and provide you with an easier experience overall.
Proving Negligence by Property Owners and Security Staff
When a club-goer or show-goer is injured or even killed as a result of negligent security, it is the responsibility of the plaintiff and his/her lawyer to then prove that negligence. This involves a four-part equation in which all criteria must be met in order to be considered:
- Duty of care: Venue owners owe paying customers a duty of care to provide a reasonably safe environment.
- Careless action: When a patron has been injured or killed as a result of inadequate security, this duty has been breached.
- Link: There must be connective tissue between any injuries sustained and the lack of proper security. In other words, you can’t sue over an injury that occured before the incident.
- Damages: Lastly, you must be able to prove the need to recover damages– this is usually manifested as medical expenses or lost wages.
Hiring an attorney is important to effectively argue any personal injury claim, but especially so for negligent security cases. The key reason for this is the preservation of possible evidence. The venue or property in question will most likely be equipped with security cameras, and this video footage may be vital to your claim– in fact, it could be the sole determinant. Employment records are also a huge part of negligent security proceedings, as they can point to a number of unsafe or incorrect practices. If you do not retain an attorney, these potential pieces of evidence will most likely be lost, and you may just be out of luck.
The Plaintiff’s Responsibility
It is extremely important to note that in the case of negligent security, the plaintiff also has certain criteria regarding his or her behavior at the scene of the incident. In other words, it is highly detrimental to your case if it discovered that you were overly intoxicated or provocative at the time. That is not to say that a case will be lost because the plaintiff was “asking for it,” but it certainly does not help the situation.
Premises Liability as Applied to Negligent Security Cases
Some cases may fall under a premises liability claim. Essentially, business owners are responsible by law for making an effort to maintain a safe environment for their customers. The plaintiff in a premises liability lawsuit is responsible for proving that the business owner failed to provide a safe environment or failed to properly warn customers about potential dangers, which resulted in your injuries.
In a negligent security case, this would mean that security failed to properly remove dangerous or belligerent individuals, or failed to thoroughly screen patrons for weapons, which resulted in the plaintiff being injured or killed.
Contact Trusted Negligent Security Attorneys
If you or someone you know has been involved in a personal injury case involving negligent or inadequate security and would like to enlist the help of an experienced Las Vegas accident attorney, consider contacting the knowledgeable team at Van Law Firm.
Our lawyers are well-versed in negligent security as well as all other personal injury and wrongful death cases, and we will fight to recover multiple forms of damages, from medical reimbursement, to lost wages and property damages. Call (702) 529-1011 today for your free, confidential consultation.