- Jan 7, 2025 - Negligent Security - Written by Cloward Trial Lawyers, reviewed by Ben Cloward
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call or text us 702-605-5000When navigating Nevada negligence law, particularly in the area of negligent security claims, understanding one’s rights and options is paramount. Here at Cloward Trial Lawyers (The Fierce Firm), we are here to break it down for you in plain terms, just like we would in conversation. Let’s dive in.
Under Nevada law, negligence is established when one acts, or fails to act, with the prudence of an ordinarily reasonable man under similar circumstances and that failure causes an injury or loss to another person. This principle is broad, but it becomes crucial in cases dealing with negligent security.
Safer America defines premises liability as a legal doctrine imposing liability upon landowners for any accidental injury on the landowners’ property due to hazardous conditions or negligent acts.
Learn more about Cloward Trial Lawyers Top Negligent Security Case: $38 Million Verdict for Negligent Security: A Nevada Milestone
According to This vs. That, negligence is a legal principle where one individual owes a duty to another to act with reasonable care and, by acting otherwise, creates an injury or damage to another person or property. To establish negligence, there needs to be proof of four elements: duty of care, breach of duty, causation, and damages. This schema provides the framework upon which Nevada negligence cases stand.
In an action for negligent security, you will be required to prove specific elements of negligence. Here’s a breakdown:
What does duty of care mean? It is the legally imposed obligation on property owners to make their property and environment safe. This typically applies to Las Vegas casinos, hotels, and motels. For example, it may require the hotel to take reasonable steps to install security cameras, provide trained staff, and provide adequate lighting.
A breach occurs when an owner or manager fails to fulfill their obligations. For example, if a parking lot is poorly lit or unsafe, even if a crime has been committed there, this may be a crime. These defects create opportunities for trespass, allowing customers to prevent damage.
Why is causation crucial? You must prove that the landlord did not take an unlawful action because of the injury you suffered. Example: Directly establishing insecurity increases the negligence that causes injury. Without this connection, it will be difficult to establish liability in court.
Finally, you actually have to show some type of harm: physical, emotional, or financial. These come in the form of medical bills, therapist costs, lost wages, and emotional traumas, including anxiety and post-traumatic stress disorder.
Nevada has a modified comparative negligence rule. How will this impact, if at all, your claim? The effect it might have is that if you are somewhat at fault, your compensation might be reduced proportionately. Provided that you are less than 51% responsible, you can recover damages.
According to the Institute for Justice, the Nevada Legislature broadly waived “the State’s and a state actor’s immunity from liability.” In addition, the Legislature has not provided any state-law version of qualified immunity, which is available under federal law. Since there is no “express exception to the waiver” of immunity, the courts cannot extend qualified immunity defenses to claims arising under the Nevada Constitution. The described legal structure shows that Nevada strives to provide an appropriate degree of accountability in cases of negligence.
Victims of negligent security may be entitled to various types of damages, including:
A negligent security claim can be very complex. Property owners and insurance companies usually deny responsibility or minimize your injuries. That is where a lawyer steps in.
How can we help? At Cloward Trial Lawyers we will take the evidence, build a strong case, and fight fiercely for your rights. We believe in justice for victims of negligence in Las Vegas. Our team has dealt with enough local cases to understand the specific challenges and nuances in Nevada law regarding negligence.
If you have been a victim of negligent security, do not wait. Contact Cloward Trial Lawyers today at 702-605-5000. Let us fight for the compensation and justice you deserve. Schedule your free consultation.
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
Start your Free Case Evaluation by using the form below. You’ll get a fast response from one of our team members or call our office 1-888-888-8888.
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Start your Free Case Evaluation by using the form below. You’ll get a fast response from one of our team members or call our office 702-605-5000.