Las Vegas Hotel Negligent Security Lawyer

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Hotel operators are limited by Nevada laws that govern Las Vegas’s hospitality industry. Property owners and business operators owe their customers legal duties to provide reasonably safe premises and services. Specifically, they have a duty to act with reasonable care in preventing accidents in hotels, shops, and boutiques.

Injured guests have the right to seek injury compensation when hotel operators violate these legal duties by neglecting guest security.

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    Las Vegas Hotel Negligent Security Risks

    A security guard on his radio as he watches security cameras.

    Hotels and resorts face many threats to guest safety. These threats can arise from other guests on the property, hotel staff, and outsiders. For example, hotels have a duty to guard against foreseeable security risks, including the following:

    Robbery

    Robberies are thefts committed using force, violence, or fear of injury. Robberies on hotel property are a foreseeable risk because perpetrators often view tourists as vulnerable targets.

    Travelers often carry cash and other valuables during their vacations. They may also let their guard down or lack the street smarts to identify a risky situation. Hotel and casino owners know the risks of robbery caused by guest vulnerability and are often on the lookout for known criminals.

    Burglary

    Burglary is different from robbery. While robbery involves force or threats of force, burglary involves breaking into a hotel room or other private space to commit any of the following:

    • Larceny
    • Assault
    • Battery
    • Any other felony, including sexual assault

    Burglary is clearly a foreseeable risk. In fact, one could argue that preventing burglaries is one of the hotel’s main responsibilities. In these situations, “security” refers to all security measures in place to prevent break-ins, including the following:

    • Employee background checks.
    • Security cameras.
    • Door locks and keycard systems.
    • Guest area access policies, particularly after-hours access.

    In guarding against burglaries and break-ins, hotels must be mindful of both outside perpetrators and inside jobs. It would be easier for a housekeeper to “loan” a keycard to a burglar than for the burglar to break the lock or hack the keycard system.

    Assault and Battery

    Assaults and batteries are reasonably foreseeable security challenges for Las Vegas hotels. In many cases, alcohol or drug use may contribute to these risks. For example, a hotel could reasonably foresee that an intoxicated bar customer on its premises could commit an assault or battery against another guest.

    However, assault and battery can go beyond guest actions. Club bouncers, security guards, parking lot attendants, and other hotel employees might lack the training and supervision to handle a security risk properly and use excessive force against a guest.

    Shootings

    A shooting might be carried out by a disgruntled employee, a known criminal, a customer, or a person stalking a hotel guest. Regardless of the reason and method, hotels, resorts, and casinos know that this risk exists in all public spaces and has a responsibility to take reasonable precautions.

    Sexual Assault

    Another easily foreseeable risk on hotel property is sexual assault. Sexual assault can happen anywhere, including at the hotel bar, where intoxicated people might be targeted. It can also occur when the perpetrator breaks into the person’s room or overpowers them in the parking structure.

    Drugging

    Perpetrators usually commit drugging to facilitate other crimes, such as robbery or sexual assault. Regardless of the reason, drugging is foreseeable in hotel bars, lounges, nightclubs, and even on the casino floor.

    Homicide

    Foreseeable homicides can be secondary to other security risks. For example, a bar fight might result in a death. Similarly, a drugging intended to temporarily incapacitate the victim might cause a fatal overdose. In these cases, the hotel’s duty to prevent the homicide is wrapped up in its duty to prevent the underlying security problem.

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    What Is Hotel Negligent Security?

    Negligent security happens when a hotel operator fails to provide the level and type of security expected from a reasonably prudent operator in the same situation.

    Victims do not need to prove that the hotel intended their injury. Instead, a negligent security lawyer can recover compensation by proving that the hotel operator knew or should have known the risk that its actions posed to the injured victim.

    Elements of a Hotel Negligent Security Claim

    Under Nevada law, hotel operators are liable for guest injuries caused by insufficient security. The injured person’s hotel negligent security lawyer proves the following elements in order to support the claim:

    • The wrongful act that caused the injury was foreseeable.
    • The hotel failed to take reasonable precautions to prevent the foreseeable act.

    Thus, claims can be asserted for more than just a lack of security. Negligent security cases can also cite poor training and supervision, lax monitoring of security cameras, deficient security policies, broken equipment, and inadequate background checks.

    Who Can Be Held Liable in Las Vegas Hotel Negligent Security Cases?

    The following parties may be liable for injuries resulting from negligent security:

    • Hotel owner or operator.
    • Security contractor.
    • Manufacturer of security equipment.
    • Independently operated restaurants, bars, or nightclubs.

    Victims can usually pursue claims against employers in cases involving employee negligence under a doctrine called respondeat superior.

    Typical Damages in a Negligent Security Case

    You can pursue the following types of compensation for hotel safety injuries:

    Damage TypeExamples
    EconomicHospital bills, emergency room visits, future rehabilitation, lost income, physical and mental health therapy costs
    Non-economicPain and suffering, anxiety, PTSD, loss of enjoyment of life
    PunitiveRare, but awarded to punish gross negligence, malice, or intentional disregard of safety

    Steps To Take Immediately After an Incident at a Hotel

    You should call the police to report the incident. The police will investigate and produce an incident report. You should also contact the hotel’s security. When you talk to the police and hotel security, you should be honest but avoid admitting fault for the incident.

    Document the scene by taking photos and videos and seek medical attention when you leave the scene.

    Statute of Limitations and Filing Deadlines in Nevada

    Victims generally have two years to file a lawsuit for injuries resulting from negligence.

    Role of a Negligent Security Attorney and Law Firm

    A negligent security lawyer assesses the incident and identifies the legal claims you can raise. They gather evidence, including evidence you might not otherwise receive, such as security video footage and internal memos.

    Your negligent security attorney in Las Vegas then negotiates with the hotel’s defense lawyers to work out a settlement. If a settlement is not reached, your lawyer can file a lawsuit and advocate for your interests before a jury.

    Why Choose Adam S. Kutner for Your Negligent Security Claim?

    Adam S. Kutner, Injury Attorneys, has served clients in Las Vegas for over 35 years. Our attorneys have detailed knowledge of Nevada’s hotel negligent security law. We also have extensive experience in litigating negligent security cases.

    Contact Our Las Vegas Hotel Negligent Security Attorneys

    Incidents on hotel premises can result in serious injury or death. Contact us to discuss the injuries you or your loved one suffered due to a hotel’s negligent security and the compensation we can pursue for the resulting losses.

    Call (702) 382-0000 For a Free Consultation

    FAQs

    Parking garages fall within a hotel’s premises. However, if the hotel outsources its parking garage services to a contractor, your lawsuit might name the contractor in addition to the hotel.

    Adequate security will be the level of care reasonably expected of a hotel operator for the safety of patrons or other guests from foreseeable risks.

    Hotel operators may be liable for negligence in training and supervising security guards who use excessive force.

    Robbery is generally a foreseeable occurrence in hotels. The hotel operator is liable if it knew or should have understood the risk of robbery on its premises.

    Call (702) 382-0000 For a Free Consultation

    Areas We Service in Las Vegas, Nevada

    Henderson | Anthem | Summerlin | Paradise | Summerlin North | Summerlin South | Sunrise Manor | Nellis AFB | Desert Shores | Downtown South | Charleston | Richfield | Crestwood | Angel Park Ranch | Queensridge | Casa Grande Pines | Winchester |

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      Adam s. Kutner - las vegas car accident lawyer
      Adam S. Kutner
      PERSONAL INJURY LAWYER

      With more than 35 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.