Is Negligence a Tort? Understanding Legal Remedies for Victims in Las Vegas

Speaking of personal injury law, one question always seems to pop up: is negligence a tort? The simple answer is yes. This civil wrong thus enables victims to seek compensation for an injury caused by another person’s failure to act with reasonable care. For victims of negligent security here in Las Vegas, Cloward Trial Lawyers is here to provide the legal expertise necessary to secure the justice and compensation you deserve.

What Is a Tort?

A tort is a civil wrong causing injury or loss. In contrast to criminal law, which punishes unlawful acts, under tort law, compensation is awarded to victims in the case of an injury through a car accident, defective product, or negligence with security. It is supposed to provide a legal avenue of recovery when harm comes as a result of another’s actions or inaction.

Learn more about Cloward Trial Lawyers Top Negligent Security Case: $38 Million Verdict for Negligent Security: A Nevada Milestone

Types of Torts Explained

Intentional Torts

Intentional torts involve intentional infliction of harm, including assault, battery, or defamation, and can lead to criminal charges and civil liability. A property owner who knowingly allows dangers to exist on their property may also be held liable for intentional harm.

Strict Liability Torts

Strict liability torts hold parties responsible for ultrahazardous activities, such as keeping wild animals or manufacturing defective products, without having to prove either intent or negligence.

Negligent Torts

Negligent torts are based on the failure to take reasonable care, resulting in injury, and involve most personal injury actions, including negligent security. They make a person responsible for careless mistakes that could have been avoided.

Is Negligence a Tort?

Yes, negligence is a very common type of tort. It comes into play with things like negligent security, wherein the owner of the property has not taken reasonable measures to prevent foreseeable harm, such as theft or assaults.

In Nevada, a claim for negligence must be proved through certain elements, as provided in NRS 41.141. The statute has clarified that in comparative negligence, recovery shall not be barred unless the plaintiff’s fault exceeds that of the defendant or combined defendants for imposing liability fairly in a personal injury action.

Elements of Negligence in Tort Law

In order to succeed in a negligence action, plaintiffs must establish four elements:

Duty of Care

A duty of care obligates one to take reasonable steps to prevent harm. Property owners should take reasonable steps to ensure visitor safety by employing security personnel or ensuring adequate lighting to mitigate known dangers.

Breach of Duty

Breach of duty means a party has failed to discharge their legal duty. A Las Vegas hotel would breach its duty by failing to install security cameras in high-hazard areas or failing to fix broken locks.

Causation

Causation simply connects the breach of duty with the victim’s injury. A victim will have to show that the negligence of the property owner was directly responsible for their injuries. This is usually done by addressing how adequate security would have prevented the injury.

Damages

Damages are the physical, emotional, or financial harms a victim incurs, which can include medical bills, lost wages, and emotional distress. Compensation attempts to put the victim back in their former state prior to the injury.

How These Elements Apply to Negligent Security Cases

All of these elements together create liability in a negligent security case. For instance, if a victim is assaulted in a dark parking lot, liability may fall on the property owner for not installing sufficient lighting or hiring security. Under NRS 17.225, multiple parties liable share responsibility equitably. Taking care of foreseeable hazards is crucial to public safety.

Recovering Damages for Negligence in Las Vegas

A victim of a negligent security breach in Las Vegas may be entitled to recover such damages as medical expenses, lost wages, and emotional distress. The Nevada comparative negligence rule allows for recovery when the victims partly share in the fault as long as such fault is below 50%. In extremely grave cases, a victim could even pursue punitive damages designed to punish misconduct and hold perpetrators accountable.

Why Seek Legal Help for Negligent Security Cases in Las Vegas?

Underlying case law in negligent security weighs greatly within Nevada statute and local precedent in the law. An attorney will help assess your case, investigate evidence, and make a strong argument on your behalf to recover from your damages. Victims, properly guided, are better prepared to go through them and find justice in the end.

Schedule Your Free Consultation Today

It is highly recommended that victims of negligent security in Las Vegas seek immediate legal counsel. Contact Cloward Trial Lawyers at 702-605-5000 or here for a free consultation regarding your rights to justice and compensation.