Negligent Security Lawyers in Las Vegas, NV
Las Vegas is widely considered the entertainment capital of the world. The Vegas party scene is renowned worldwide for its unmatched energy and excitement. There are literally hundreds of entertainment venues in the Las Vegas area with security or bouncers such as bars, nightclubs, lounges, and strip clubs. This includes North Las Vegas, Henderson, Summerlin, and the Strip. Additionally, security guards are located in most casinos, hotels, grocery stores, strip malls, restaurants, and apartment complexes. While the vast majority of security personnel working at those establishments are professionals who do their job properly and safely, unfortunately, there are bad apples. If you’ve been harmed due to inadequate security, our Las Vegas negligent security lawyer is here to help you hold responsible parties accountable and seek the justice you deserve.
Security vs. Bouncer: Key Differences
Bouncers are typically found at bars, nightclubs, lounges, and strip clubs, whereas security guards can often be found at casinos, retail stores, office buildings, amusement parks, malls, grocery stores, liquor stores, and so on. Even though their place of work may vary greatly, bouncers and security guards generally have the same duties: keeping the premises in a reasonably safe condition by protecting patrons and removing unruly customers.
Determining Liability for the Injuries
Injuries related to negligent security may be caused directly by the security guard/bouncer, such as placing someone in a chokehold, hitting them, tasing them, or handcuffing them in a violent or unsafe matter. The other scenario is where the attacker was another patron and the security guard or bouncer failed to timely and properly intervene to stop the attack.
Types Of Negligent Security Cases
Negligent hiring – Bar, nightclub, and venue owners and managers should conduct a thorough background check on all individuals applying to be a bouncer or security guard. If an owner or manager fails to conduct a criminal background check, and the staff member has a criminal record, that evidence can be used in the case against the bar, nightclub, or venue.
Negligent supervision – When an owner or manager witnesses a bouncer becoming too aggressive or violent with a patron, and fails to interject or call the police, the bar, nightclub, or venue may be liable for negligent supervision.
Negligent retention – If an owner or manager retains (does not terminate) a bouncer known to be aggressive or violent, and the bouncer subsequently injures a patron, the bar, nightclub, or venue may be liable for negligent retention.
In some situations, a bouncer may use reasonable force to eject an unruly patron from a venue, but then negligently place him or her in harm’s way once outside, such as by shoving an inebriated patron into the street. If the patron is then hit by a car, the bouncer and venue could also be held responsible for the accident victim’s injuries.
Identifying the Responsible Party
In most instances, when a fight breaks out, you are at high risk of being injured, especially if you are in close proximity to the altercation. In most cases, one or a combination of the following individuals will either be the cause of your injuries and/or be responsible for them:
- The owner and operator of the property. This includes the parking lot as sometimes the parking lot is owned by a different person or company than the nightclub or bar.
- Bartenders and Bouncers
- Security personnel and security company.
Steps to Take After an Injury
Security guards and bouncers do not have any special authority to use unnecessary force on a patron. Instead, they must act reasonably and safely. If you have been injured in Nevada, it is important that you discuss your case with an experienced attorney as soon as possible, as well as:
- Record a video of the incident, if possible
- Take photos of your injuries.
- Gather the names and contact information of any witnesses.
- Make sure you do an incident report at the scene to ensure that the property is aware of what happened and that you were injured.
- Call 911 or 311, if appropriate.
- Seek out any necessary medical care.
- Write a letter to the bar owner, asking him/her to secure the video footage
- Get the services of an experienced injury lawyer to seek advice regarding your case as well as to ensure that all video footage is preserved.
Why Choose Drummond Law Firm
Attorney Craig W. Drummond is a go-to lawyer in Nevada for negligent security cases. In fact, two of the cases setting Nevada law were cases argued by Drummond in front of the Supreme Court of Nevada. The cases involved an attack on two Drummond Law Firm clients at the New York-New York Hotel & Casino. The case was hotly contested and involved two appeals to the Nevada Supreme Court. Drummond won both times in front of Nevada’s highest court setting the law on negligent security cases.
Negligent Security Case Example: Humphries Case
In April 2010, Humphries and Rocha, were attacked by another patron on the New York–New York’s casino floor. Security officers and police stopped the altercation and eventually detained the attacker. He was arrested and subsequently convicted of one count of attempted battery with substantial bodily harm.
Before trial, the Judge dismissed the case based on Humphries and Rocha not suing the attacker personally. Obviously, the attacker was a loser who did not have any financial resources to compensate the victims for their medical bills and injuries. Drummond appealed the decision and the first appellate win was in Humphries v. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 85 (Nov. 7, 2013). In that published decision, the Court held that plaintiffs have the right to decide whom to sue, and that the district court erred by requiring that the victims also sue the attacker along with New York-New York. The Nevada Supreme Court held:
Policy considerations also militate against a per se rule requiring a plaintiff to join co-tortfeasors to an action as necessary parties. For example, if a plaintiff is unable to join a tortfeasor because the tortfeasor is unknown, immune from liability, or outside the court’s jurisdiction, dismissal for failure to join the tortfeasor as a necessary and indispensable party would prevent a plaintiff from recovering any damages and force a plaintiff to bear the entire burden of the damages, regardless of the original defendant’s availability or fault.
The Supreme Court of Nevada sent the case back to the trial court. Unfortunately, New York-New York and MGM’s teams of attorneys tried again to have the case dismissed arguing that the attack was not “foreseeable” meaning they had no warning that the attack would occur. The trial judge again dismissed the case and again Bulldog Drummond appealed to the Supreme Court of Nevada.
The second appellate win was in Humphries v. New York-New York Hotel & Casino, 133 Nev. Adv. Op. 77, 403 P.3d 358 (Oct. 5, 2017). Nevada’s highest court noted that:
A NYNY security guard responded and immediately reported the altercation over his radio. The security guard then watched the attack for 12 to 15 seconds until backup arrived before intervening to break up the incident. The attack lasted a total of 17 seconds. As a result of the attack, Humphries suffered a skull fracture and some other minor injuries. Rocha received injuries to his face and head.
The Supreme Court of Nevada specifically found that the attack on Humphries and Rocha were foreseeable. The Court held that the appropriate considerations are the location of the incident, the level of violence used, the security concerns implicated by the action, and prior incidents of similar wrongful acts that occurred on the premises.
The two Humphries decisions stand for the positions that 1) you do not have to sue the attacker if the property owner also had negligent security; and 2) the test of foreseeability/notice is not just looking at whether there had been the exact type of incident before.
These Humphries decisions were hard fought victories by the Drummond Law Firm and increased the rights of crime victims in Nevada whether they were injured by an attack, or because security or bouncers did not do their job in keeping the property in a reasonably safe condition.
Settlement Negotiations and Litigation
Our Las Vegas negotiators can manage all communications with the property owner’s insurance company, aggressively pursuing fair compensation on your behalf. Our priority is to secure full payment for all your expenses, including medical bills, lost wages, pain and suffering, and emotional distress. We reject any offers that fall short of covering your full losses.
With extensive experience in negotiating settlements, our team understands the tactics used by insurance companies and works tirelessly to protect your rights.
If a fair settlement isn’t reached, we are fully prepared to take your case to court. The evidence we gather—such as security footage, police reports, witness testimonies, and maintenance records—will help build a strong case to prove the property owner’s negligence and the role their security lapses played in your injury.
Schedule a Free Consultation With Our Las Vegas Negligent Security Lawyer
When you choose us to represent you in a Las Vegas negligent security case, we’re committed to more than just courtroom advocacy. We become your personal advocate within the Nevada legal system, ensuring your voice and needs are prioritized. Navigating these cases can be complex, and without dedicated representation, your case may not receive the attention it deserves. We are here to change that.
Our goal extends beyond securing financial compensation. While we strive to get you the damages you’re entitled to, we also aim to support you through the emotional challenges that accompany such incidents. Your well-being is paramount, and we are dedicated to helping you manage the emotional impact and achieve a smooth recovery.
By working with us, you ensure that you receive the compensation you deserve and hold negligent property owners accountable for their actions. Seeking help is a wise and necessary step towards achieving the best possible outcome. Contact a Las Vegas negligent security lawyer from The Drummond Firm today to get the support you need for your case.