Nightclub and bar injuries often occur due to inadequate security, for example, when security personnel at a bar use excessive force or a nightclub allows unsafe crowding that leads to trampling injuries.
If you have been injured in a nightclub or bar due to security negligence, you may have grounds to sue. For help in Las Vegas, call George Bochanis Injury Law Offices at (702) 388-2005.
When Can You Sue for Negligent Security at a Bar or Nightclub?
Bars and nightclubs have the legal obligation to stay reasonably safe for guests. This duty extends to accidents, such as slip-and-falls, as well as foreseeable acts of violence or crime. If a venue fails to take reasonable security measures, and you are injured, you may be able to file a negligent security lawsuit. Here are a few situations in which you might sue:
- Assaults and fights: Many alcohol-fueled disputes occur at bars and nightclubs. If a club lacks trained security or fails to intervene in escalating situations, it can be liable.
- Overcrowding and stampedes: If management allows unsafe crowding, the risks of patrons being trampled, crushed, or otherwise injured go up considerably.
- Attacks by security staff: Bouncers and security personnel must act reasonably. If they use excessive force, the establishment could be held to account for patron injuries.
- Crimes in parking lots or entrances: Venues must keep areas such as parking lots safe. Poor lighting, broken cameras, or a lack of patrols can contribute to attacks.
Inadequate security can even lead to wrongful death claims brought by surviving family members.
Elements of a Negligent Security Claim in Las Vegas
A strong claim for inadequate security should contain several elements.
Duty of Care and Breach of Duty
In Nevada, bars and nightclubs are part of the leisure and hospitality sector, which employs more than 365,800 people. Regardless of whether a venue directly hires its own security personnel or contracts the work out to a third party, it has a legal duty to take reasonable steps to protect guests. This responsibility includes hiring or contracting qualified security staff, monitoring entrances and exits, and taking measures to prevent foreseeable acts of violence.
You must prove that the establishment failed to uphold its duty of care. Examples could include not having enough security guards on a busy night, failing to check IDs, ignoring warning signs of violence, and not repairing broken cameras.
However, a third-party security contractor can be held liable along with, or instead of, the nightclub or bar. Liability depends on the facts of the case and the contractual relationship between the club and the security company.
Causation
The security negligence must have been a direct cause of your injury. In many nightclub or bar injury cases, this means proving that the harm would likely have been prevented with reasonable safety measures. If a venue failed to provide enough bouncers on a crowded night, a verbal dispute could escalate into a stabbing. In that scenario, the lack of adequate security staffing can be directly linked to the injuries the victim suffered.
Damages
You must show actual harm. This can include medical expenses, lost wages, emotional distress, pain and suffering, or funeral costs in wrongful death cases.
Nevada uses the modified comparative negligence standard. Even if you were partly responsible, you may still recover damages as long as you were less than 50% at fault. Your award does decrease by your percentage of fault.
Examples of Inadequate Security at Bars and Nightclubs
Every case is unique, but certain types of security failures come up again and again in lawsuits involving nightclub and bar injuries. For example, being injured at a strip club could involve security using excessive force on patrons or not removing drunk guests.
Understaffed Security Teams
A busy Las Vegas nightclub may have hundreds or even thousands of guests on a given night. Without enough guards to monitor the crowd, incidents can spiral out of control.
Untrained or Aggressive Bouncers
Bouncers must know how to de-escalate situations. When they lack training or use excessive force, patrons may suffer severe injuries.
Failure to Monitor Entrances and Exits
When security staff allow guests to enter without security checks, this increases the risk of weapons or underage drinking. Poorly supervised exits can also lead to assaults in alleyways or parking areas.
Broken Security Equipment
Broken cameras, alarm systems, or lighting can make it easier for crimes to occur and harder for victims to prove what happened. Sometimes, clubs know their equipment is broken, but do not make timely repairs or replacements. Even if a venue does not know its equipment is broken, it can still be liable because it has a duty to regularly inspect and maintain its security systems.
Overcrowding
When a venue admits more guests than it can safely accommodate, patrons face higher risks of falls, trampling, or suffocation.
History of Incidents
If a club has a history of fights, stabbings, or assaults, management must take extra steps to prevent further violence. Ignoring these warning signs can establish foreseeability in a negligent security case.
Nightclub and bar injuries in Las Vegas can be life-altering, and many are preventable. George Bochanis Injury Law Offices can offer clarity on your case. Contact us today.
FAQs About Nightclub & Bar Injuries
1. Can I still get compensation for my injuries if I started a fight?
A negligent security lawyer can review your case to see if you qualify for compensation. Under Nevada’s modified comparative negligence law, you may recover damages if you were less than 50% responsible. However, your compensation reduces by your share of fault.
2. How much time do I have to file a negligent security lawsuit in Las Vegas?
In most cases, you have two years from the date of the injury (or death) to file a negligent security lawsuit.
3. What damages can I recover if I sue for inadequate security?
You may recover damages for medical expenses, lost income, pain and suffering, and emotional distress in an inadequate security lawsuit. In the case of a wrongful death, surviving family members may seek funeral costs, loss of companionship, and financial support.
