Friday, March 16, 2012
Two Children Injured in Pedestrian Accidents
Legal Issues of Being Assaulted or Battered in Las Vegas or Henderson Casino, Bar or Hotel
Hotel casino liability in Las Vegas and Henderson, Nevada, was recently reviewed by the Nevada Supreme Court case of Smith v. Mahoney’s Silver Nugget. Unfortunately, from time to time guests in Las Vegas are attacked, assaulted or battered by others while visiting our city. The Supreme Court has looked at the issue of whether when hotel/casinos are liable for attacks on patrons or guests. The issue evolves around foreseeability.
In Smith v. Mahoney’s Silver Nugget, Daniel Ott entered the Silver Nuggest with two friends. Allen Smith was seated at the bar. One of Smith’s friends began arguing with one of Ott’s friends as Ott and his party attempted to exited the Touchdown Lounge. Over a period of ten seconds, Ott left the bar and walked over to Ott’s friend punching him in the face. In response to this assault, Ott pulled a gun and fatally shot Smith. The question was whether the assault was foreseeable thus imposing liability on the Silver Nugget. While foreseeability has always been an issue in negligent security, assault and battery type cases, the Court concluded that it is the District Court’s call as to whether the event was foreseeable. In other words, the Court has determined that foreseeability is a legal issue to be decided by the court. “The preliminary inquiry in any case involving innkeeper liability is whether the wrongful act which caused the injury or death was foreseeable.”
In determining whether an event was foreseeable, the court can look at prior similar incidents or similar wrongful acts. Plaintiffs argued that similar violent acts outside the casino suggested that the same violent acts might occur in the casino and thus was a foreseeable event. The court disagreed. Because there was no evidence of prior similar violent acts in the casino, the court determined that it was not reasonably foreseeable that the similar act would occur in the casino.
When someone is injured in a Las Vegas or Henderson casino, bar or hotel, the occurrence of similar violent acts including assaults, battery, robbery, etc., could impact whether the violent act was foreseeable and the establishment is liable.
Anyone visiting Las Vegas or Henderson and who is a victim of assault or battery needs to be aware of their legal rights as they may have a personal injury claim against the owner of the premises. Injured persons should contact a Henderson or Las Vegas personal injury attorney specializing in premises liability.
Wednesday, September 28, 2011
Thursday, September 22, 2011
Thursday, July 1, 2010
Interesting Video
Evidence in a Personal Injury Case
Many clients do not realize how much information an attorney can gather from such sites. When you are involved in a motor vehicle accident. Las Vegas lawyers and Nevada insurance companies will use every means available to defend claims. This almost always includes some type of a background check.
That is why it is so important to hire the right attorney to give you the legal advice that you need when you are involved in a personal injury case.