Negligence is a theory deeply rooted in American law, and forms the backbone of most personal injury cases. Negligence largely relies on the following factors:
- The defendant’s (responsible party) duty of care to the injured party;
- The breach of that duty;
- Actual or proximate cause linking the breach of duty to the harm; and
- Actual damages
Negligence can take many forms, and can include something as small as a teacher failing to supervise her student, or as large as a security guard failing to respond to a robbery. Negligent security is an issue that plagues many businesses, college campuses, and properties throughout Nevada and can have very dangerous consequences to victims of any criminal activity caused by the failure to adequately supervise the premises.
Security is often put in place throughout businesses to protect guests from impending harm, typically through criminal activity. Malls often have security guards who patrol the halls and offer a sense of security to shoppers. College campuses also often have a unique security system which might sometimes be connected to local law enforcement. While security guards are not typically law enforcement, they do hold a duty of care to protect any individuals on their property. Negligent security can lead to the following:
Many of these criminal activities can lead to serious medical conditions. Armed robberies may involve the discharge of a firearm. A court will consider the facts of the case in determining any resulting liability, and will carefully consider what a reasonable security guard would do in a similar situation. If the court determines that a reasonable security guard would have prevented the attack or criminal activity from occurring, the individual guard or security company could be held responsible for the corresponding damages.
Damages in a negligent security case can include both actual damages and general damages, such as:
- Medical expenses
- Lost wages
- Future earnings
- Pain and suffering
- Emotional distress
- Loss of consortium
A criminal attack can have devastating effects on the victim, which last far longer than any physical injuries may last. An armed robbery, assault, or rape can leave the victim with lasting emotional scars which are difficult to move past. A personal injury claim for damages will consider the impact the criminal activity had on the victim and will assign a value to this claim. A Las Vegas personal injury attorney will be able to assist you in determining the full amount of damages you are entitled to bring in your claim.
De Castroverde Law Group | Las Vegas, Nevada Personal Injury Attorneys
If you or a loved one have been the victim of criminal activity due to the negligent actions of security, do not hesitate to contact the De Castroverde Law Group. Our attorneys have years of experience in assisting our clients with their personal injury claims after dangerous criminal encounters occurred which could have been easily prevented. As the victim of a criminal attack, you are entitled to bring a claim for damages against the security which were put in place to protect against such crimes. Contact our Las Vegas office today for your initial free consultation.