When a fight breaks out between guests in a casino or bar and someone gets seriously hurt as a result, a lawsuit can sometimes be brought against the owner of the venue on a theory of premises liability. Nevada law limits when businesses are liable for the wrongful actions of non-employees. Someone who is injured in a situation like this can benefit from understanding their legal options.
Premises liability, negligence, and fights
For a bar or nightclub to bear liability for injuries from a fight between patrons, it must have acted negligently. All businesses have a general obligation to keep their premises safe for visitors. A belligerent guest who is attacking others is arguably a “dangerous condition” that a venue can’t simply ignore without violating this general safety principle. How much obligation a venue has to maintain security and limit the accessibility of potential weapons, like glass bottles, will depend on the nature of the venue itself. A bar with a history of brawls is more likely to be liable for injuries from the next fight than a restaurant where fights are unheard of events.
Note that in its effort to foster a robust nightlife industry, Nevada has limited the liability of businesses that serve alcohol for injuries caused by their drunk patrons. Under NRS 41.1305
, a licensed seller of alcohol is not liable for damages caused by patrons as a result of their consuming alcohol, unless the patron was underage. As a result, the mere fact that a patron was drunk is not enough to make a venue liable for the injuries the patron causes.
Nevada limits the liability of hotels for third-party torts
Nevada law protects the owners of hotels, inns, and other kinds of lodging from liability for injuries caused by visitors who are not employees or under the hotel’s control. Under NRS 651.015, an owner is civilly liable for such injuries only if:
- The wrongful act that caused the injury was foreseeable, and
- The owner did not exercise due care for the safety of the injured person, or failed to take reasonable precautions against the foreseeable act.
An act is only “foreseeable” if prior incidents of similar wrongful acts had taken place, and the owner was aware of them, or if the owner failed to exercise due care for the safety of the injured person. The latter type of “foreseeability” may seem unintuitive. The idea is that once a hotel owner becomes aware of a dangerous situation, it must exercise due care to prevent it from injuring guests.
These rules can be interpreted to mean that in many situations a hotel will not be liable for fights between guests, but facts matter. A venue where fights have regularly occurred in the past probably has a higher obligation to employ security personnel and take other steps. What qualifies as “due care” will vary according to the circumstances as well, but might include calling police and providing a safe exit route for people trying to flee. Whether due care includes an obligation to physically subdue a violent person will depend on a close look at the facts.
Consult with a personal injury lawyer
For over 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in the Las Vegas area in cases involving personal injury. Our attorneys can answer your questions about how to best pursue your legal rights after being injured in a fight. To speak to an attorney at no cost, please give us a call today at 702-388-4476. We can also be reached through our contacts page
Did a serious injury from an auto accident or fall can leave you physically and mentally devastated? Physical pain can interfere with how you perform everyday tasks. Not to mention the draining effects, mentally and financially.
Because your injury may require additional physical therapy, doctor’s visits and time away from work, pursuing a personal injury case may be the only answer. Reimbursement for medical expenses and lost wages can help hasten your recovery, get you back on your feet and back to your normal life.
However, how do you choose from the myriad of Las Vegas Personal Injury Attorneys? The Yellow Pages is flooded with Las Vegas injury attorneys, touting their services. But you need the right attorney
who can actually help your case.
Here is how to find qualified Las Vegas injury attorneys:
Determine Which Las Vegas Personal Injury Attorney is Right for YOU
- Personal Referrals: Ask a friend or a family member if they’ve personally dealt with or know of any strong, capable Las Vegas personal injury attorneys. Inquire about the attorney’s specialty and the result of your friend or family member’s legal case
- American Bar Association (ABA): The ABA can furnish you with a list of Las Vegas injury attorneys who can assist you with your personal injury claim
- Physician referral: Ask your doctor if he or she has knowledge of reputed personal injury attorneys in Las Vegas
- Family attorney: You want an attorney deeply knowledgeable in personal injury, so ask your family attorney for a referral
- Las Vegas Law School: Contact a local Las Vegas law school for a list of reputable personal injury law firms
Will having a list of referrals or names of Las Vegas personal injury attorneys in hand be quite enough? Sometimes the attorney’s approach to your case differs from how you would like to pursue your claim. Or you may have a personality clash. It’s important that you and your attorneys are on the same page and that you can establish trust before you go forward with your case.
Maintain a mental checklist of areas that are important to you during your initial interview:
- Inquire about the Las Vegas personal injury attorney’s client communications--how often can you expect updates and personal communication about your case?
- Do you feel comfortable with your attorney’s personality? Do you feel uncomfortable with any aspect or do you feel rushed during your interview? You want to work with someone who seems genuinely interested in your case and is enthusiastic about meeting with you
- What kind of fees can you expect to pay and does the attorney take cases on a contingency basis?
- How does the attorney stack up against other Las Vegas personal injury attorneys? Before making your final decision, meet with two or three personal injury attorneys in Las Vegas to choose the best that meets your needs.
- What kind of case results did the attorney receive in recent years? Request references or a portfolio to review.
Finding the best Las Vegas personal injury attorney can be a journey, but one that is well worth the time and effort. Choosing who represents you is important, that’s why performing due diligence will help you make the right choice.
Learn more about how the Las Vegas personal injury attorneys at Greenman, Goldberg, Raby, Martinez Law Firm have outperformed other area PIs. Contact us at 702-388-GGRM (4476) and allow us to review your case.
A Las Vegas personal injury
attorney can be a valuable asset if you have been injured due to the negligence of another. Injuries due to road accidents, workplace mishaps, occupational diseases and injury often require the assistance of a skilled personal injury attorney to ascertain whether legal action is necessary.
However, many victims are unsure of whether they have a case or should pursue legal action. Unfortunately, many of these personal injury victims lose employment opportunities or quality of life due to their injury, making it difficult to sustain daily activities.
Before contacting a Las Vegas personal injury attorney, consider the following:
- Is your injury due to someone else’s fault?
- Will your injury leave you permanently disabled or with new limitations?
- Has the experience traumatized you psychologically?
- Have you missed out on employment opportunities or have been discharged from your job due to your injury?
- Could your injury have been prevented if the other party took the necessary steps to maintain safe behavior?
- Will you require additional medical treatment and procedures in the future due to your injury?
If you answered, “yes” to one or more of these questions, it’s imperative that you contact
a Las Vegas personal injury attorney today.
Consult Personal Injury Attorneys Las Vegas - Exercise Your Legal Right
Personal injury cases in Las Vegas also have statutes of limitation
; meaning if you wait too long to contact an attorney after your accident you could lose your claim to file a suit.
The best time to contact a personal injury attorney in Las Vegas is immediately following your accident in order to establish your case before the deadline. Meeting with a Las Vegas personal injury attorney costs you nothing—the initial consultation is free. Establish a meeting early to allow your injury lawyer to carefully review your claim and determine if you have a case.
Also, depending upon the severity of your injury or the complexity of the case, some cases may take several months before they are resolved. For those who have lost wages due to their personal injury, resolving a case sooner than later is critical.
Don’t wait until your statute of limitation expires; contact the leading Las Vegas personal injury attorneys today.
Call Greenman Goldberg Raby and Martinez Law Firm at 702-388-GGRM (4476) and allow us to review your case.