- Jan 7, 2025 - Negligent Security - Written by Cloward Trial Lawyers, reviewed by Ben Cloward
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call or text us 702-605-5000In a negligence action, what standard do courts use to evaluate the actions of an individual? In resume: the reasonable person standard, a basic rule in negligence cases, is often used by courts to determine legal responsibility. This standard determines whether a given individual acted with the caution and prudence that a so-called “reasonable person” would have used under similar circumstances. This principle is particularly important for victims as they seek justice in cases involving negligent security. Contact Cloward Trial Lawyers if facing a negligent security case.
The reasonable person standard is one of the cornerstones of negligence law. It establishes a standard for evaluating if someone acted reasonably in a given situation. The objective is to measure conduct against what a reasonably prudent person would do in a similar set of circumstances.
This standard does not require perfection but reasonable care. In negligent security cases, for example, property owners must take reasonable precautions to prevent visitors from suffering foreseeable harm. Not doing so could make them liable for any injuries that occur on their premises. According to Justia, negligent security claims typically revolve around whether property owners provided inadequate measures to guard against foreseeable risks.
The reasonable person standard is important because it provides an objective standard by which to determine conduct. Without it, legal outcomes could start to vary wildly depending on arbiters’ interpretation of words. This cumulative standard guarantees fairness and predictability in negligence cases.
In negligent security claims, this is a key principle for arguing whether a property owner’s actions or inaction were reasonable. Did they put in sufficient lighting? Were security cameras operational? These and other factors are why these questions matter, as they shed light on the idea of a reasonable person.
Learn more about Cloward Trial Lawyers Top Negligent Security Case: $38 Million Verdict for Negligent Security: A Nevada Milestone
By pitting the defendant’s actions against those of a figment of imagination, the reasonable person standard is employed by courts in determining whether he or she acted as a reasonable person would have in the same circumstances. This involves weighing the foreseeability of harm, the magnitude of potential injuries, and the cost of preventing those injuries.
For example, property owners in Las Vegas, Nevada—where the nightlife can be particularly bombastic and there are many visitors—are obligated to take steps to protect against common risks, such as assault or theft, occurring on their property. If they don’t, courts may determine that they didn’t meet the reasonable person standard.
The reasonable person standard is a flexible one that takes into account various factors, including:
These considerations help courts decide whether a defendant’s conduct was reasonable.
So, for example, let’s say you have the following:
Studying these examples, it is clear how this legal doctrine applies to negligent security cases.
Premises liability laws in the state of Nevada outline that victims must show that their injuries stemmed from a property owner’s negligence. This means showing that the owner did not behave as a reasonable person would have in the same situation.
Things like security footage, police reports, and witness statements can bolster a victim’s case. According to safer-america. According to hotel and resort injury information from com, Las Vegas has been known for its high number of hotel and resort injuries, exemplifying the need for secure premises.
However, there are limitations and exceptions to this reasonable person standard. For example:
These subtleties make sure the standard is equitable and flexible in different contexts.
Ben Cloward Law knows how to help victims of a negligent security case in Las Vegas, Nevada. Our team is committed to pursuing accountability from property owners and obtaining the compensation they are entitled to. Call us at 702-605-5000 or schedule a free consultation.
Find our office at 9950 W Cheyenne Ave, Las Vegas, NV 89129
In 2016, at the age of 37, Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist.
Practice areas: personal injury, car accidents, truck accidents, wrongful death, Greyhound bus accidents, and walk-in tub accidents.
Location: Las Vegas, NV
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