NEGLIGENT SECURITY AT NEVADA CASINOS
If an individual is harmed on the property of another, whether in a Las Vegas casino, resort, hotel, shopping mall, nightclub, or parking garage, those that own these establishments and properties can be liable for injuries if they were the result of a dangerous condition that was present on the premises. When someone visits a casino, resort, hotel, or another place of business in Nevada, they have certain expectations of security and safety. Accordingly, when an individual is injured because of the negligent actions or inactions of the person or corporation that is responsible for that individual’s security or safety, they might have a right to sue that person or entity claiming negligent security with our Nevada Negligent Security Lawyers
Negligent Security Falls Under Premises Liability Law
Negligent security claims fall within an area of personal injury law known as premises liability. Many individuals think of slip and fall cases when they hear premises liability. But premises liability law actually encompasses a wide variety of accidents and incidents where individuals are injured by a dangerous condition on someone else’s property, including negligent security accidents at casinos.
Establishing Liability in Negligence Cases
In Nevada, to establish that a property owner is negligent or responsible for the injuries that someone on the property sustains, the injured individual must prove that:
- The owner owed them a duty of care;
- The owner breached that duty;
- The breach of duty was the actual and legal cause of the individual’s injuries; and
- That the individual was actually harmed or suffered damages.
It is important to mention that in a negligent security case, the property owner may not necessarily be the one responsible for an individual’s injuries. Other liable parties can include managers of the casino, resort, or hotel, tenants or occupiers of the premises, a security guard company, or an individual guard who as on duty at the time of the incident. Regardless of who might be at fault, the same elements apply for establishing their fault.
Duty of Care
When it comes to the duty of care, casinos, resorts, and hotels in Nevada have a significant obligation to actively take all reasonable measures to make sure that their patrons and guests are safe. What this means is that there should probably be security measures in place where they are necessary to prevent foreseeable danger or harm.
Typically, casinos are required to provide more security to its patrons and guests than the average business. This is, in part, due to the fact that casinos have a significant amount of cash flowing through them, patrons are served a substantial amount of alcoholic beverages, and because they have open door policies, almost anyone can walk into a casino. Due to a combination of these factors, casinos attract a wide range of unsavory characters and criminal activity ranging from theft to assault. To help prevent or stop criminal activity in casinos, owners or managers of casinos really should make sure that heavy-duty security systems in place, should have strict security protocols, and should take care to hire experienced and competent staff. However, the type and the strength of the security system in place will depend on the casino.
Many casinos concentrate all or most of their security on trying to catch and prevent thieves and cheaters on the casino floor rather than making sure that guests who are staying in other parts of the resort or hotel are also safe from threats and criminal acts. Not every casino in Las Vegas has guards patrolling or security cameras in place in the halls of hotels and resort areas. Lack of adequate security in these places can place guests in a precarious position and susceptible to criminal activity. If a dangerous condition or situation exists at a casino, hotel, or resort and that condition or situation was foreseeable and preventable, then the casino, hotel, or resort can be subject to liability for harm that results.
An Example of Duty of Care at Casino Resort Hotels
For instance, if a number of robberies have taken place in the halls of a hotel over the course of a couple of months, and these robberies were reported to law enforcement, it is foreseeable that these robberies might continue if no one is caught and thus extra security is needed to prevent these crimes from happening. If the hotel does nothing, and the robberies continue, then the victims might have a liability claim against that hotel. In other words, if a casino or hotel does not take every precaution to prevent reasonably foreseeable harm to its patrons and guests, the hotel or casino can be liable for any injuries that result. Moreover, under Nevada law, even if a dangerous condition is open and obvious, such as a wet floor with a sign warning as much, and someone is harmed by that dangerous condition, depending on the circumstances, the hotel or casino will not necessarily be relieved from liability.
Duty of Care – Training of Casino Employees And The Implementation of Proper Policies and
Procedures
No matter the level of security at a casino or hotel, accidents still happen. When they do occur, the key is to look for whether the accident or incident was foreseeable and could it have been prevented. Was security personnel trained to deal with the situation? Were surveillance cameras present and in working order? Was there adequate lighting where the incident occurred? For how long did the alleged offender go unnoticed and why? Did similar incidents or accidents occur in the past, and if so, how frequently or recently? Did the victim actually know their attacker? What it an inside job? These are all questions that are asked by lawyers on both sides of a negligent security claim when determining who is responsible for a dangerous condition and the injuries or damages that result.
TALK WITH ONE OF OUR NEVADA NEGLIGENT SECURITY LAWYERS TODAY
If an individual has been harmed by a dangerous condition that was present at a casino, hotel, or
resort in Nevada, then the owner or another individual or entity may be responsible for those injuries so be sure to contact an experienced Negligent Security Lawyer as soon as possible to discuss your case.
At Parker Waichman LLP, we offer free and confidential case consultations so be sure to either fill out our online contact form or call us today at 1-800-YOURLAWYER (1-800-968-7529).