Understanding Negligent Security Laws in Las Vegas
Negligent security cases arise when individuals are harmed due to inadequate security measures taken by property owners, exposing them to foreseeable risks. Understanding the laws that apply to these claims is crucial for those seeking compensation for injuries resulting.
Nevada’s Negligent Security Laws
Negligent security constitutes a form of civil tort liability rooted in both Nevada common law and case law. Nevada Revised Statute 651.015 specifically addresses hotel operators, holding innkeepers liable if harm from an event is foreseeable and the owner fails to take reasonable steps to prevent it.
“…2. An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house is civilly liable for the death or injury of a patron or other person on the premises caused by another person who is not an employee under the control or supervision of the owner or keeper if:
(a) The wrongful act which caused the death or injury was foreseeable; and
(b) The owner or keeper failed to take reasonable precautions against the foreseeable wrongful act.
Ê The court shall determine as a matter of law whether the wrongful act was foreseeable and whether the owner or keeper had a duty to take reasonable precautions against the foreseeable wrongful act of the person who caused the death or injury.
3. For the purposes of this section, a wrongful act is not foreseeable unless:
(a) The owner or keeper failed to exercise due care for the safety of the patron or other person on the premises; or
(b) Prior incidents of similar wrongful acts occurred on the premises and the owner or keeper had notice or knowledge of those incidents.”
Meanwhile, Nevada premises liability law extends its application to all property and business operators, mandating that they adopt reasonable measures to prevent foreseeable harm. Premises liability has developed through case law and Nevada Statute 41.141, which addresses comparative negligence.
“1. In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.”
Business owners, therefore, are held to a heightened standard of care but are not automatically liable for third-party actions. The business owner’s negligent security must have contributed to the events responsible for your injuries.
Key Elements of Negligent Security
In Nevada, negligent security cases are rooted in the principles of premises liability. Property owners owe a duty of care to maintain a reasonably safe environment for visitors. A negligent security claim may arise, when security measures fall short, leading to foreseeable harm. Key elements of such cases include:
Foreseeability
To establish negligence, it must be demonstrated that the property owner or manager reasonably foresaw the potential for criminal activities on the premises. This could include prior criminal incidents in the area or a history of security concerns.
Breach of Duty
Plaintiffs (injury victims) must show that the property owner or manager breached their duty of care by failing to implement reasonable security measures. This could involve inadequate lighting, insufficient surveillance, or failure to hire security personnel.
Causation
There must be a direct link between the inadequate security measures and the harm suffered by the plaintiff. Establishing causation is essential to proving the property owner’s liability.
Damages
Plaintiffs must demonstrate actual damages, such as physical injuries, emotional distress, or financial losses resulting from the inadequate security.
Individuals who believe they have suffered harm due to negligent security should consult an experienced and trusted Las Vegas negligent security attorney. They can assess the circumstances, establish liability, provide guidance on your options, and pursue compensation on your behalf.