When you visit a nightclub or bar in Las Vegas, you expect to have an enjoyable experience. Your visit is supposed to be a fun-filled time where you can relax and mingle with others who are there for the same reason. Unfortunately, in addition to fun, crowded establishments also mean a higher risk of injury.
The conditions of Las Vegas nightlife can be especially hazardous. Local establishments are usually packed with intoxicated individuals, increasing the chances of an accident or injury. If you or a loved one suffered an injury at a nightclub or bar in Las Vegas, consider retaining the experienced service of a Las Vegas nightclub & bar injury attorney from De Castroverde Accident & Injury Lawyers. Our team is ready to discuss the details of your case and help you seek compensation.
How Can I Be Injured at a Las Vegas Nightclub or Bar?
While nightclubs and bars are places where people expect to have fun in Las Vegas, there are often many risks associated with them. Injuries occur not only because of dangerous conditions in the building itself, but also because of reckless people. Property owners have a legal responsibility to make sure their establishments are safe places that protect patrons from harm.
Common risks and injuries at Las Vegas nightclubs and bars include:
- Assault or excessive force used by security
- Lack of security
- Employee negligence
- Slips, trips, and falls
- Sexual assault or harassment
- Food or alcohol poisoning
- Crowded spaces
- Low or insufficient lighting
- Obstruction or lack of clear pathways
- Lack of exits
- Property defects
- Dangerous grounds
- Failure to get medical attention
- Failure to clean spills
- Violent patrons
Consider These Nightclub and Bar Injury Scenarios
A person could slip and fall on wet or slippery floors. People often have drinks in their hands in nightclubs and bars, and they are not always careful about where they spill the contents of their glass. If someone drops their drink or knocks it off a table, you could also be hurt from broken or falling shards of glass.
When alcohol is involved, people are often more inclined to pick fights and assault others. Patrons could be injured by another customer or even a security guard. In the past, many bouncers have been found guilty of escalating the situation by adding more violence, instead of breaking up the fight. However, by law, security guards are not allowed to use physical restraint on a person in Las Vegas. If excessive force was used on you, both the security guard and the owner of the establishment may be liable for your damages.
Premises with high-risk situations require the owners to ensure that more safety precautions are in place. Especially when serving alcohol, the owner has certain policies they must follow to avoid liability. If a nightclub or bar allowed a belligerent customer to stay, served drinks to an over-intoxicated person, failed to have enough security at the bar, or failed to stop a fight, they could be held responsible for your injuries.
Who Is Liable for My Injury in a Vegas Nightclub or Bar?
According to Nevada law, the responsible party for a wrongful act is limited to the person who committed that act. However, this can still mean that a nightclub or bar is liable for the actions of its employees, including its bouncers, cleaners, and bartenders.
A nightclub or bar owner can be held legally responsible for your injuries when an employee is negligent in performing their job, their policies are discriminatory, or if an employee intentionally commits a wrongful act.
When an Employee is Negligent
Negligence is the most common reason why injuries occur in Las Vegas nightclubs and bars. Negligence can range anywhere from a slip and fall accident to food and alcohol poisoning. It can also include more serious offenses like injuries caused by a fire or faulty building wiring.
Under the respondeat superior doctrine, a Nevada employer is responsible for the wrongful acts committed by their employees. This is called “vicarious liability” and applies when the employee:
- Is under the employer’s control
- Was acting within the scope of their job description
Discriminatory Practices or Policies
Both federal and state laws make it illegal for any business to discriminate against a patron due to their gender, gender identity, sex, sexual orientation, religion, ethnicity, race, or physical or mental ability, whether actual or perceived.
When a Las Vegas nightclub or bar owner does any of the following, they may be liable for discrimination:
- Offers discounts for some genders and not others
- Refuses entry to gay or transgender individuals
- Refuses entry to certain races or ethnicities
- Uses derogatory or offensive language to target any particular group
Intentional Wrongful Acts
When an employee acts outside of their scope of employment, they are committing an intentional wrongful act.
Under most circumstances, an employer is not liable for these acts unless they were negligent during the hiring process or failed to supervise their staff properly. Perhaps they failed to perform a proper background check before hiring the employee, failed to train the employee correctly, or retained the employee after an incident that made it apparent they were unfit to perform their job duties.
Examples of intentional wrongful acts include:
- Sexual harassment or assault
- Assault or battery
- Discriminatory acts of any kind
- False imprisonment
- Invasion of privacy
Premises Liability Claims Against Las Vegas Businesses
If you were injured in a Las Vegas business, you may have grounds for a lawsuit. Property owners in Nevada are required to keep a legal doctrine on their property that says they must keep their business reasonably safe and warn visitors about hazards on the property.
Common premises liability claims include slip and falls, which are extremely prevalent in Las Vegas nightclubs and bars. To win a case under premises liability, you must prove that:
- The defendant is the owner of the premises or is responsible for the premises where the injury took place (proven by a deed, lease, or other property records)
- You were on the property with the owner’s consent (you were not trespassing and were admitted at the door)
- There was a dangerous condition present on the premises (slippery surfaces, exposed wires, out-of-code buildings, tripping hazards, gas leaks, etc.)
- The property owner knew about the dangerous condition or should have been aware of it (for instance, was the condition obvious or were there inspection reports?)
- The dangerous condition caused your injuries and damages (video recordings, medical records, eyewitness statements, and other evidence can help prove this)
It is the job of the plaintiff (the injured person) to prove this kind of negligence. Therefore, it must be clear that the defendant caused the plaintiff’s injury. Photographs, surveillance footage, and expert testimony are other types of evidence that can prove unsafe conditions were present.
Punitive Damages in Negligence Cases
If the court finds that a nightclub or bar owner was particularly negligent, it can also order them to pay punitive damages. These amounts can be significantly greater than compensatory damages. A Las Vegas premises liability lawyer from our team can help figure out if this applies to your case.
What Damages Am I Entitled To?
If you were a victim of a Las Vegas nightclub or bar injury, you may be able to recover financial compensation for your economic and non-economic losses. A personal injury attorney from De Castroverde Accident & Injury Lawyers can help you get compensation for:
- Emergency medical care
- Medical bills and expenses
- Physical or occupational therapy
- Lost wages
- Lost earning capacity
- Pain and suffering
- Permanent impairment
- Wrongful death
What Can a Nightclub or Bar Owner Do to Escape Liability?
When nightclub or bar owners are accused of liability for an injury, they will do whatever they can to be found innocent. For example, the defense may attempt to show that they should not be held accountable for your injury by arguing that:
- A third party was responsible, such as another patron, and they are not responsible for what that person did
- Even though the establishment was not completely safe, they took as many precautions as they reasonably could to avoid injuries like yours
- You were trespassing, and therefore the nightclub or bar had no legal obligations to assure your safety
What if You Are Partially Responsible for Your Injury?
Nevada’s comparative negligence laws state that you are entitled to compensation if one or more of the defendants are at least 50% responsible for your injuries. Your compensation may be reduced in cases where you are partially responsible, but you are still entitled to recover damages.
What if Another Patron Injured You?
Normally, a Las Vegas nightclub or bar is not responsible for the actions of other customers. However, if it is proven that they did not exercise reasonable care in trying to prevent injury, they can be held liable. For instance, they may not have provided adequate security or supervision, failed to break up a fight, or served already rowdy or intoxicated customers.
Even if you were drinking or feel at fault for your injuries, you may still be entitled to compensation. Contacting a personal injury lawyer in Las Vegas who can evaluate your case is a wise thing to do.
When To Call a Las Vegas Nightclub and Bar Injury Attorney
It is never good to ignore an injury you sustained during a night out. If you were injured while visiting a Las Vegas nightclub or bar, you have the right to pursue justice and seek legal action against those responsible for your injury.
The statute of limitations in Nevada for an injury accident case can be as short as two years, so waiting to act can limit your chances of receiving compensation. Our personal injury lawyers can help better the odds of getting the financial compensation you deserve.
Get Help from a Nightclub and Bar Injury Lawyer From Our Firm
With the large number of nightclubs and bars in Las Vegas and the large number of partygoers who visit them, it is easy to see why guests are at risk for accidents and injuries. Nevada’s premises liability laws only cover owners and employees who ensure the safety of their guests by following these laws. If the nightclub or bar is responsible for the accident or knew there was a substantial risk for a third party to injure you, they may be liable for your losses.
When you hire a Las Vegas personal injury attorney from De Castroverde Accident & Injury Lawyers, we can thoroughly investigate the details surrounding your injury and seek the maximum amount of compensation on your behalf. Contact a Las Vegas nightclub and bar injury lawyer from our firm today for the legal assistance you deserve!