When someone is hurt in a Las Vegas nightclub, the injured party can generally bring a lawsuit against the club for monetary compensation to recuperate damages such as lost past and future wages, medical bills, and pain and suffering. The most common types of injuries for which a Las Vegas nightclub could be held legally responsible include the following:
- Sexual harassment and assault;
- Inadequate security;
- Assault and battery by bouncers;
- Slip and falls;
- Club employee negligence;
- Alcohol and food poisoning;
- Discrimination; and
- Failure to get medical assistance for over-exertion or dehydration.
The discussion below should help you better understand nightclub injuries in Nevada.
Who is Responsible?
Nevada law generally limits legal and financial responsibility for a wrongful act to the person or entity committing that act. Under some situations, however, a nightclub may become liable for the actions (or inactions) of their bartenders, bouncers, or other club employees. The owner or operator of a Nevada nightclub may be held responsible for a customer’s harm when:
- An employee performs his or her job duties in a negligent manner;
- The nightclub is negligent in the supervision or hiring of staff;
- The practices of the club are discriminatory; or
- In certain situations, when an employee intentionally commits a wrongful act.
Damages Available
If you or someone you know is hurt in a nightclub due to the negligence or intentional wrongful act of the owner, operator, employee, or independent contractor, you may be entitled to recover monetary compensation for:
- Lost past wages;
- Medical expenses;
- Occupational or physical rehabilitation;
- Loss of earning potential;
- Legal costs and fees; and
- Pain and suffering.
When a wrongful actor behaves in an extreme or egregious manner, Nevada law allows an injured victim to recover punitive damages. If the injured victim is partially at fault for causing the incident that resulted in harm, Nevada’s comparative negligence law still allows a person to recover monetary compensation if he or she is 50% or less to blame. In such a scenario, the victim’s award will be reduced by the amount of fault.
Establishing Fault
Nightclub owners, like any other business owners or operators, owe a high legal duty of care to their customers. These establishments invite patrons into their clubs to engage in business, placing a high level of responsibility on patrons under premises liability law. When a nightclub owner fails to meet this legal duty, those actions are considered negligent. Negligence is the legal theory and basis for recovery for those who have been injured. To be successful, an injured plaintiff must show that the nightclub owner or operator did not take sufficient steps to maintain the premises safe.
Essentially, in order to succeed in a personal injury claim, an injured plaintiff must show that:
- The defendant owed a legal duty to the victim;
- The defendant breached this duty by its acts or failure to act;
- The defendant’s breach caused the accident that resulted in the victim’s harm; and
- The victim suffered damages as a result of the accident.
How We Can Help
If you or someone you know has been hurt in a Las Vegas nightclub, you may be entitled to monetary compensation for harm. The skilled personal injury lawyers at H&P Law can help you seek compensation for the harm you have suffered due to a negligent driver. Contact us today.
