In Nevada, negligent security lawsuits are civil actions you bring against property owners for harming you by failing to provide adequate safety measures on the premises. Examples of negligent security include:
- The parking ticket machine is broken at a darkly-lit, casino parking lot, and a thief drives off in your car.
- A nightclub hires a bouncer despite his background check showing a battery conviction, and the bouncer assaults you without provocation.
- The security guards at a concert have inadequate training and let patrons skip the metal detector in order to speed up the line, and inside one of the concert-goers knives you during an argument.
- The roving security guard at your apartment complex falls asleep on the job, and a vagrant robs you on your way to check your mail.
- You are swimming at a hotel pool without a lifeguard, and you get a cramp and nearly drown before a good Samaritan saves you.
What do I have to prove in court?
In order to win a negligent security case in Nevada, you would need to prove the following five “premises liability” elements:
- The defendant owns or controls the property where you were harmed.
- You were allowed to be on the property at the time.
- There was a lack of adequate security (a “dangerous condition“) on the premises.
- The defendant knew – or should have known – about the lack of adequate security.
- You suffered damages due to the lack of adequate security.
In short, property owners have a duty to provide safe and secure surroundings for their guests. Plus, you need to show that your injuries were reasonably foreseeable considering the inadequate security provided.1
The vast majority of lawsuits settle out of court. Though should your case reach trial, you would need to prove these elements by a preponderance of the evidence – that it is more likely than not that the defendant provided negligent security.2
How do I prove there was negligent security?
Common evidence to prove that security was ineffective or lacking includes:
- Security camera footage (CCTV) that shows the security guards not doing their jobs.
- The lack of security camera footage, which in itself indicates the venue put insufficient effort into security.
- Eyewitness accounts (often, eyewitnesses recorded their own footage on their mobile devices).
- Medical records, showing your injuries (if applicable).
- Repair estimates, if your property was damaged.
If necessary, your attorney can also hire expert witnesses in the security field to testify as to how the defendant fell short in their “standard of care.”
Whom can I sue?
In most negligent security cases in Nevada, you would sue the
- owner and/or
- property manager
of the location where your injuries occurred.
Even if you were harmed by an individual security guard, the property owners/managers are often vicariously liable for the security guard’s actions: The owners/managers failed to exercise due diligence in hiring competent and trained professionals to provide adequate security.
Depending on the case, you may also be able to sue
- the company responsible for providing security on the premises, and
- the individual security guards whose actions (or lack of actions) harmed you.
Predictably, individual security guards typically have shallow pockets and may be judgment-proof. This is why suing the property owner is far more lucrative.
Property owners have the duty to provide a safe and secure space for guests.
How much money can I get?
Personal injury attorneys would be seeking compensatory damages to cover your:
- medical bills;
- stolen or damaged property;
- lost wages (if you are too injured to work); and
- pain and suffering.
Predictably, the extent of your injuries determines the ultimate payout.
In the One October Harvest Festival Massacre at Mandalay Bay in 2017 – the most extreme recent example of negligent security – victims and their families were able to recover millions from the MGM through a settlement.3 In that case, MGM failed to:
- detect that the shooter’s luggage contained weapons despite that he brought in a suspicious number of large suitcases;
- outfit the hotel windows with motion sensors or other technology to notify security when the glass shattered from the bullets;
- arrive at the shooter’s room and neutralize him quickly enough;
- provide an efficient escape route for the concert-goers;
- have adequate security and medical assistance on hand.
How soon do I have to sue?
The statute of limitations for bringing a negligent security lawsuit in Nevada is two years. This is a shorter time than it sounds since it takes a while for personal injury lawyers to compile all the available evidence and craft a winning case, so you should not delay in seeking legal help.4
Related articles
- Can a property owner be liable for the criminal activities of others on the property in Nevada?
- Are landlords in Nevada responsible for injuries and hazards in the common areas?
- Assaulted in a Las Vegas parking garage. Can I file a lawsuit for inadequate security?
Legal References
- See Simeonidis v. AMC, LLC (Court of Appeals of Nevada) 133 Nev. 1081 (unpublished). See also NRS 651.015. Civil liability of innkeepers for death or injury of person on premises caused by person who is not employee under control or supervision of innkeeper. Anderson v. Mandalay Corp. (. Gautam v. Bank of Am., N.A. (
- Same.
- Ken Ritter, Court OK’s $800M settlement for MGM Resorts, Vegas victims, AP News (September 30, 2020).
- NRS 11.190.
