Ordinary Negligence: Understanding Your Legal Rights

In personal injury cases, ordinary negligence scenarios frequently arise in negligent security claims. These are when property owners or managers fail to take reasonable security measures that result in an injury to a visitor or tenant. This could be anything from poor lighting in parking lots to poorly fitted locks on apartment doors or a lack of security personnel in high-risk areas. Understanding ordinary negligence protects your rights. At Cloward Trial Lawyers, we work to allow victims of negligent security in Las Vegas to focus on the most important things in trying to seek justice and fair compensation. Contact a Las Vegas Negligent security lawyer in case you need legal advice.

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What Is Ordinary Negligence?

Ordinary negligence refers to the failure to act with the degree of care that a reasonably prudent person would have acted in the same circumstances. According to The Legal Information Institute, it is an action when someone has failed to be responsible to another individual, causing that person harm or injury. In a negligent security case, ordinary negligence might be defined by the property owner who failed to act reasonably in ways that placed visitors or residents at an undue risk.

Key Elements of Ordinary Negligence

There are four critical legal components that must be proven in any ordinary negligence claim:

• Duty of Care. The landowners are supposed to exercise reasonable care to ensure that the place is safe for visitors, residents, and customers. The Legal Information Institute says that this is in the form of taking reasonable security measures to avoid foreseeable harm.
• Breach of Duty. A breach occurs when property owners fail to address known hazards, such as broken locks, poor lighting, or insufficient security staff.
• Causation. The injury must be a direct result of the breach of duty. In other words, poor lighting in a parking garage results in an assault; therefore, the property owner is liable.
• Damages. It shall be upon the victims to prove that actual harm was caused, which could be in the form of physical injury, emotional hurt, or financial loss. These could include medical expenses, lost wages, and emotional trauma.

Examples of Ordinary Negligence in Negligent Security Cases

Negligent security cases often involve ordinary negligence. Below are common examples:

Poor Lighting in Parking Garages 

Inadequate lighting creates an environment where criminal activities, such as assaults or robberies, can occur undetected. Property owners are responsible for ensuring parking areas are well-lit to deter such incidents. For example, a dimly lit parking garage with broken light fixtures can pose significant risks.

Lack of Security Personnel at Nightclubs and Bars 

Establishments serving alcohol often require trained security staff to handle conflicts or prevent altercations. Failing to hire or properly train personnel can constitute ordinary negligence. For instance, if an altercation escalates due to a lack of security presence, the establishment may be held liable.

Faulty Locks in Apartment Complexes 

Property owners must ensure that apartment locks are functional. Broken or inadequate locks increase the risk of unauthorized access and harm to tenants. For example, if a tenant’s apartment is broken into due to a faulty lock, the landlord may be considered negligent.

Unsecured Access in Shopping Malls 

Open access points without proper monitoring or security systems can lead to preventable incidents, such as theft or assaults. Shopping mall owners are responsible for ensuring these access points are secured.

Proving Ordinary Negligence in Las Vegas Negligent Security Cases

To prove ordinary negligence in a negligent security case, one needs great evidence. This may include:

• Surveillance footage showing lax security measures.
• Maintenance records show negligence.
• Testimonies from expert witnesses regarding property management and security protocols.
• Documentation of similar previous incidents on the same property.

Under the Restatement (Second) of Torts, a plaintiff in a negligent security case must establish that a property owner either failed to exercise reasonable care in discovering prior criminal activities or failed to give adequate warnings to prevent injury. Probably the most important factor is foreseeability, usually established if there were similar prior crimes at the exact location that the owner knew or should have known about.

Everyday examples of ordinary negligence include failing to stop at a stop sign and striking a pedestrian, failing to erect caution signs after mopping, and failing to repair broken stairs, which can result in injury.

Ordinary Negligence vs. Gross Negligence

Ordinary negligence in a negligent security case means a property owner failed to take reasonable precautions, such as maintaining proper lighting or hiring qualified staff, to prevent foreseeable harm. In contrast, gross negligence reflects a far more serious disregard for safety, where the owner’s inaction shows a reckless indifference to whether injuries occur. According to Cornell Law School, gross negligence is defined as a “conscious and voluntary disregard of the need to use reasonable care” that creates a high risk of harm to others.

Understanding this distinction matters because the type of negligence proven in court can affect available damages. For instance:

• Ordinary negligence may result in compensation for medical costs, lost wages, and pain and suffering.
• Gross negligence may open the door to punitive damages, intended to punish egregious misconduct.

In Las Vegas, negligent security claims often arise when hotels, casinos, or apartment complexes ignore safety concerns. An example of ordinary negligence might involve a property failing to repair a broken gate, allowing unauthorized entry that leads to an assault. Gross negligence, however, could be shown where management knew about repeated violent incidents on the premises but still refused to provide any security staff.

By drawing the line between ordinary negligence and gross negligence, courts can determine the level of responsibility a property owner bears. This distinction also guides what remedies may be available—ranging from compensatory damages in cases of ordinary negligence to possible punitive damages when gross negligence is established under Nevada law.

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

Contact a Negligent Security Attorney in Las Vegas for a Free Consultation

If you’ve been a victim of negligent security due to ordinary negligence, contact Cloward Trial Lawyers (The Fierce Firm) today at 702-605-5000. We’re here to help you secure the compensation you deserve.