Attacks and injuries can happen anywhere. However, public and commercial properties have a specific duty of care to keep visitors safe. When inadequate security is at play it can leave visitors at risk for robberies, sexual assaults, or muggings.
If you or a family member was seriously injured on commercial property as a result of negligent security, contact an experienced Las Vegas personal injury lawyer at Cogburn Law Offices for a free case consultation.
Nevada Negligent Security Resources:
- What is negligent security?
- How will I know if security is adequate?
- How do I prove negligence and liability?
- When should I hire a negligent security attorney?
- What is Nevada’s Law against negligent security?
- What types of damages can I recover for my injuries?
What is Negligent Security?
When a property owner or manager fails to exercise reasonable care to ensure visitors to a property are not put at risk of an attack, it could be a case of inadequate security. Issues that come into play in proving a case of negligent security can include:
- Establishing that a property owner or manager was aware of criminal activities in the area.
- Establishing that several similar crimes had been committed on their property in the past and the innkeeper failed to take appropriate steps.
- Establishing the frequency with which law enforcement has been called to a specific property.
- Determining whether warnings are issued to visitors.
- Determining the number of security personnel on duty and frequency of patrols.
- Determining the type of security system.
- Determining the condition of locking gates, doors, lighting.
How Will I Know If Security Is Adequate?
What constitutes inadequate or adequate security will depend on the setting of the accident. Adequate security will fulfill the scope of what a reasonable and prudent property owner would have employed under the same circumstances. The Las Vegas courts will analyze what security measures a reasonable business or private property owner would have used based on the location’s criminal history and foreseeable risk of crime. Then, the courts will look at the measures the defendant did or did not take and compare. Adequate security will have certain things in place to prevent crime or protect visitors.
- Hiring security guards or parking lot attendants
- Installing security cameras
- Putting up a fence or gate
- Installing metal detectors
- Lighting up dark areas
- Replacing door locks
- Installing window locks
- Posting signs to dissuade crime
Most premises liability cases in Nevada rely on security experts to help prove whether the precautions the defendant took were enough to reasonably prevent the incident in question. The expert will serve to convince the judge or jury that the prevention methods the defendant took did or did not fulfill the reasonable standards of care under the circumstances. You may need assistance from a Las Vegas negligent security attorney in determining whether the security on a property was adequate according to the situation, as well as an expert’s help in proving your case in court.
How Do I Prove Negligence and Liability?
Proving negligence in an inadequate security case takes establishing the foreseeability of the offense and demonstrating that the defendant reasonably could have prevented it.
The first burden of proof is foreseeability.
Should the defendant have recognized the potential threat of a crime occurring on the property? Proving foreseeability may take analyzing the area’s criminal history or subpoenaing prior incident reports. It will be up to you or your attorney to show through a preponderance of the evidence that the defendant had reason to believe the offense could happen.
The second burden of proof is negligence.
You or your lawyer must establish that the defendant was negligent in providing adequate security according to the risk of foreseeable crimes. Proving negligence may take evidence from the scene, as well as expert testimony. The judge or jury will need to see that the property owner could have – and should have – taken precautions to prevent the offense from happening. Reasonable precautions will depend on the foreseeability of the crime and the responsibilities of the property owner.
If precautions against the crime would have placed an unreasonable financial burden on the property owner, he or she may not be liable for damages. The security measures must have reasonably been within the defendant’s scope of ability at the time. Otherwise, it may not have been the defendant’s responsibility to employ the precautions. Proving your case and obtaining damages as an injured victim is much easier with help from a negligent security attorney.
When Should I Hire a Negligent Security Attorney?
Do not attempt to handle your inadequate security claim alone. Insurance companies are not on your side. It can be difficult to prove your case and obtain adequate compensation when an insurance claims adjuster is fighting you every step of the way. With a Las Vegas premise liability attorney, however, you can strengthen your case. Your attorney will handle legal processes for you while you concentrate on healing from your injuries.
Navigating a premises liability lawsuit in Nevada takes a thorough understanding of the law. A negligent security lawyer will bring years of experience and education to your case, helping you choose the wisest route to take for financial recovery. A lawyer can help you pay for medical bills and front the costs of a lawsuit until you receive a settlement or verdict. Most importantly, they will have the resources to take your case to court and fight for fair compensation if insurance claim negotiations fail.
Nevada Law and Negligent Security Cases
Under NRS 651.015, the civil liability of innkeepers for a death or injury on their premises, when not caused by an employee, are outlined. These include but are not limited to:
- The wrongful act was foreseeable;
- A preponderance of evidence exists that the owners or innkeeper failed to exercise due care for the safety of patrons or others on the property;
- The owner or innkeeper failed to take reasonable precautions to protect against a foreseeable wrongful act by another party, who caused injury or death;
- Prior incidents of similar wrongful acts had occurred on the premises, and the owner or innkeeper was aware that these prior incidents had occurred.
What Types of Damages Can I Recover in Cases of Negligent Security?
Every injury case is unique. When we seek to recover damages for an injured client, there are several types of economic and non-economic damages that can be pursued, including:
- Cost of medical care and treatment
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Punitive damages (to punish cases of egregious acts of negligence)
The value of damages sought in a lawsuit will be based upon various factors, including:
- The severity of the injuries sustained
- The number of years of medical care that will be needed
- The long-term impact of the injury or attack upon the individual
- Whether the injuries led to permanent impairments
- Whether the victim was left with visible scars
- The emotional anguish suffered by the victim
Contact Our Las Vegas Negligent Security Lawyers
At Cogburn Law Offices, our Las Vegas accident lawyers care about our clients, and do everything possible to make the legal process easy on them, including providing our legal services on a contingency basis – no legal fees will be incurred unless we are successful.
At Cogburn Law Offices, our trial team is often called upon to represent individuals who have been attacked or injured while on private, public, or commercial property. These cases vary widely in the type of attack, and the long-term impact upon the victim, physical, emotional, and financial. Call us today for a free case consultation.