With hundreds of nightclubs, thousands of party-goers pour into Las Vegas nightclubs each week. As such nightclub accidents can and will happen for many reasons. Know the potential dangers of nightclub accidents so you can protect your rights, as soon as possible, if you or your companions are injured.
Injuries in a Las Vegas nightclub are covered under Nevada’s premises liability laws. As licensed proprietors, Las Vegas nightclub owners, their employees, and agents are expected to know the premises liability laws. Basically, under Nevada law, Las Vegas nightclubs need to exercise reasonable and ordinary care to make their establishments safe for their guests. Basile v. Union Plaza Hotel & Casino, 887 P. 2d 273 (Nev. 1994). If a person is injured in a Las Vegas nightclub, the nightclub is liable if …
1) the negligence of the nightclub’s property owner or manager, not the person who was injured, causes the injury, and 2) the nightclub’s property owner or manager knew or should have known that a dangerous condition which could cause injury existed, but despite having this knowledge failed to act.
For instance, if a nightclub guest spills a drink and another guest immediately slips and fall it is questionable that the nightclub’s owner or manager had sufficient time to know of the dangerous condition and act to make it safe. However if the nightclub’s owner or manager, or one of their employees or agents sees the drink spill and does not immediately act to remedy the situation and a guest slips and falls, it is a known unsafe condition and the nightclub can be liable for the injury.
In addition to being liable for injuries caused by their owner, manager, employees, and agents, Las Vegas nightclubs can also be liable if, while in the act of committing a crime, a third-party injures a guest AND the nightclub knows that crimes have previously happened on the nightclub premises.
In Doud v. Las Vegas Hilton Corp., a patron legally parked his RV in the Las Vegas Hilton Hotel and Casino’s parking lot. When the patron went back to his RV he was savagely attacked and severely injured. The patron filed a premises liability lawsuit arguing the Las Vegas Hilton was liable because the Hilton negligently failed to staff the premises, which included the parking lot, with an adequate amount of security.
Nevada’s District Court decided the attack and robbery were not foreseeable and therefore the Hilton had no knowledge any of their patrons were in any danger from third parties. The District Court denied the patron relief and granted summary judgment to the Hilton. Upon review, the Nevada Supreme Court reversed the lower court’s decision, holding that a previous robbery in the Hilton’s parking lot, along with 85 other criminal acts at the Hilton premises (of which 78 occurred in Hilton parking lots) raised a material issue of fact as to whether the Hilton management should have been on notice there was potential danger on its premises. See Doud v. Las Vegas Hilton Corp., 864 P. 2d 796 (Nev. 1993).
Though the most common premises liability cases are slip, trip, and fall accidents, nightclub owners can also be found liable for injuries that ensue from circumstances that are the result of unsafe, dangerous, or defective conditions, or deficient maintenance. Examples are:
1) defective lighting 2) equipment that was installed or maintained improperly 3) exposure to chemical hazards, and 4) animal attacks.
If you or someone you know has injured at a Nightclub, and would like to be represented by a Nevada Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.