Las Vegas Shooting: What Is Negligent Security and What Are Your Rights?
The recent, tragic Las Vegas shooting that resulted in the mass murder of 58 people and injuries to hundreds of others has highlighted the dangers people face when they attend public events.
But one victim of the shooting has filed suit against several defendants, including the Mandalay Bay hotel, for negligence in how hotel officials handled security in the moments prior to the beginning of the shooting.
If the case ends up in a court of law, the plaintiff would likely be suing under the ‘negligent security’ provision of premises liability, which states that a person can hold a third party liable for failing to provide adequate security to prevent injuries arising from a robbery, assault and battery, and rape.
WHAT MUST YOU PROVE IN A NEGLIGENT SECURITY CASE?
In the Las Vegas mass shooting case, the victim alleges that the hotel failed to respond quickly to the shooting of a security guard six minutes before the gunman opened fire on the public.
The suit also claims that Live Nation Entertainment, the music festival sponsor, did not provide enough exits or properly train staff for emergencies.
To win this case, the plaintiff must prove several points:
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Defendants failed to foresee the shooting. In other words, the plaintiff must show that the defendants could have reasonably assumed a shooting might occur but did not take steps to prevent it.
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The plaintiff was lawfully present at the concert. He or she had a right to be there and was not breaking the law.
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Defendants breached their duty to provide reasonable care. In this case, that means proper security.
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The plaintiff suffered injuries due to the defendants’ breach. The injuries must be directly linked to the lack of proper care.
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The plaintiff suffered actual damages. Evidence must show physical or psychological harm caused by the defendants’ breach.
The biggest challenge is proving that the defendants could have foreseen a gunman attacking concertgoers. Without a similar prior event in the area, the plaintiff may struggle to meet this burden.
GETTING JUSTICE AFTER TRAGIC EVENTS
When you are at a public event, you have the right to expect that the proper security measures be implemented for your safety. And while there are no guarantees in life, you do have the right to file a claim when a third party is negligent in performing its expected duties. If you have been hurt due to negligence or carelessness, please call a personal injury law firm to obtain the justice and compensation you deserve.
