Yes, you can sue a hotel or casino in Reno for lack of security if certain legal conditions are met. These cases are known as security negligence lawsuits, and they fall under Nevada’s premises liability law. If a hotel or casino failed to take reasonable security measures, and you were injured or harmed as a result of a foreseeable crime, you may be entitled to compensation. A negligent security lawyer can help you determine if you have a valid claim.
What Is a “Security Negligence” Lawsuit?
A security negligence lawsuit, also called an inadequate security or negligent security claim, is a type of premises liability case. It arises when a property owner, such as a hotel or casino, fails to provide reasonable security, and that failure allows a crime (e.g. assault or robbery) to occur.
Negligent security claims are based on the legal principle that property owners have a duty to maintain safe conditions for guests. Failure to take proper necessary precautions may leave property owners liable if someone is hurt as a result. While different types of properties will have varying security requirements, some common examples of negligent security include: insufficient lighting, missing or malfunctioning security cameras and alarm systems, inadequate training of security personnel, hiring unqualified personnel, or broken doors, windows, or locks.
Properties such as casinos and hotels are high-traffic environments and have a particular responsibility to ensure the safety of their guests. If this responsibility is ignored and someone is harmed by a criminal act, it may form the basis of a security negligence lawsuit.
When Can a Reno Hotel or Casino Be Held Liable?
In order for a hotel or casino to be held liable in a security negligence lawsuit, there are several elements that must be proven in court in the state of Nevada. This includes:
- Duty of Care to Business Invitees: Hotels and casinos have a legal obligation to provide a reasonably safe environment for business invitees (guests) on their property. This is the most important element and lays the foundation of a negligent security lawsuit.
- Breach of Duty of Care: There must be evidence that a hotel or casino has failed to uphold this duty to keep their property safe for business invitees.
- Causation/Foreseeable Harm: Next, it must be established that a hotel or casino breached their duty of care and that failure was a proximate cause of the injury. Put simply, a hotel or casino lacked adequate security which led to a preventable and foreseeable crime. Nevada legislature (NRS 651.015) explicitly states that the criminal act must have been foreseeable for hotel liability. In terms of security negligence, foreseeability means that the criminal act (and harm that occured) was predictable enough that a reasonable person would have anticipated it and taken steps to prevent it. For example, if a hotel had several robberies happen in its parking garage, but failed to put extra security measures in place, such as a guard to monitor the area, another robbery would be considered foreseeable.
- Damages: The victim must be able to prove that some type of harm occurred whether it be physical, emotional, or financial, due to the negligence of the property owner. A negligent security attorney will be able to help you gather evidence to demonstrate the harm suffered.
Examples of Security Negligence in Hotels/Casinos
Security negligence in hotels and casinos stems from overlooked or ignored risks, many of which are entirely preventable. Some real-world examples of lack of security that could justify a lawsuit include:
- Poor Lighting: Dark or poorly lit areas such as parking lots and garages, stairwells, and hallways provide cover for criminals. This is a frequent factor cited in assaults, robberies, and other incidents on hotel and casino properties.
- Nonexistent or Insufficient Security Cameras: Hotels and casinos should use surveillance systems to deter and document criminal activity. When properties don’t have security cameras in place, or they are broken or unmonitored, criminal activity goes unchecked and is more likely to occur.
- Unsecured Access Points: Entrances and exits should be properly secured. Common examples of failure to secure access points include doors that do not lock properly, broken fences or gates, broken keycard systems, or stairwells that are open to the public.
- Lack of Security Personnel: High-traffic venues like casinos need a visible, active security presence, especially on weekends, during events, or in known trouble spots. If there aren’t enough security guards or none at all, guests are left vulnerable.
- Untrained Staff: Security guards or employees that are not properly trained to respond to emergencies, spot suspicious activity, or de-escalate conflict are a liability since inadequate training can lead to delayed response times and failure to protect business invitees.
- Excessive Force or Unsupervised Security: While it is the job of security personnel to maintain a safe environment, sometimes security guards can perpetrate the very harm they should be preventing. When security guards use excessive force, harass, assault, or unlawfully detain business invitees, this can qualify as negligent security. This can occur when personnel are improperly trained or vetted, unsupervised, or have a history of misconduct.
- Ignoring Prior Incidents: Perhaps the clearest indicator of negligence is when properties fail to act after repeated incidences. If reports of theft, assault, or other crimes have been made and the property owners have not taken any measures to further secure the area, the next incident can be considered foreseeable.
Who Can You Sue in a Negligent Security Case?
In some circumstances, the property owner of a hotel or casino may not be the only party liable. Fault may also lie with the hotel or casino company itself, a parent corporation or franchise owner, a contracted security firm hired by the property, or management of the property. While individual employees may have demonstrated a lack of care, security negligence lawsuits typically target the business entities themselves, not just the individual staff member. These claims fall under the broader category of premises liability, which holds business owners and operators liable when conditions on their premises are unsafe and lead to an injury.
It’s important to note that security negligence lawsuits are civil cases and compensation for damages is not sought from the criminal who committed the act. Criminal charges against the assailant are a separate matter handled in the criminal justice system. In civil court, the goal is to hold the responsible parties accountable for preventable lapses in security.
How to Prove Negligence and Foreseeability
Proving negligence and foreseeability in a security negligence lawsuit requires strong, case-specific evidence. A skilled negligent security attorney may gather police reports and incident logs that show prior crimes at or near the property, collect witness statements and available security footage, and review neighborhood crime statistics to establish that the threat was known or should have been anticipated. Property maintenance records, such as broken locks or ignored safety complaints, can also help demonstrate a pattern of neglect. In many cases, expert witnesses like security consultants are brought in to testify about what safety measures should have been in place for a hotel or casino setting.
Under Nevada law, courts often treat foreseeability as a matter of law. This means that a judge, not a jury, will examine the facts of the case and determine whether the injury was foreseeable and meets the legal threshold. That’s why it’s critical to work with a negligent security lawyer who understands how to meet Nevada’s specific legal standards and present compelling evidence in court.
Compensation in a Security Negligence Lawsuit
There are several different types of damages that victims can recover in a security negligence lawsuit. If you’ve been harmed due to the negligence of a casino or hotel, you may be entitled to recover compensation for: past and future medical bills, lost wages, emotional distress, pain and suffering, property loss or damage, and even punitive damages in egregious cases of negligence.
Security negligence settlements can range widely depending on the severity of the injury and strength of the case. Some claims in Nevada have resulted in six or seven-figure rewards. With the help of a negligent security lawyer, pursuing a claim can provide the financial resources needed to support recovery, rebuild your life, and hold the responsible party accountable.
Why You Should Consult a Reno Negligent Security Lawyer
Negligent security cases are complex and require detailed evidence and a deep understanding of Nevada law. Victims have the best chance of recovering compensation with the help of a negligent security attorney. A proven and knowledgeable legal representative makes all the difference. The right legal advocate will:
- Conduct a thorough investigation and gather all necessary evidence. This includes collecting video footage, witness statements, prior incident reports, and all other evidence critical to proving your case.
- Demonstrate expert knowledge of Nevada law and its nuances, and how local courts handle determine foreseeability.
- Maximize your compensation by accounting for all damages, negotiating with insurance companies, and fighting the best possible outcome in court.
- Operate on a contingency fee, so there’s no upfront cost. Clients only pay legal fees if they win their case.
- Have a proven track-record of success in premises liability cases, specifically those involving negligent security. Friedman & Throop has decades of experience helping victims recover damages from negligent property owners.
Get a Free Consultation
If you or someone you love has been the victim of a crime due to the inadequate security of a hotel or casino, you may have a legal right to compensation. At Friedman & Throop, we have decades of experience holding property owners accountable for preventable harm. Call our office today at (775) 322-6500 or fill out this contact form to schedule your free consultation. Our negligent security lawyers will listen to the details of your incident, assess the viability of your case, and explain what legal options you have. Let us fight for the justice and compensation you deserve, so you can focus on healing and moving forward.
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