A Las Vegas Fashion Show Mall employee was violently beaten by a convicted sex offender in a parking lot across the street from the Mall. LeMon Butler, 37-years old, allegedly shattered the employee’s car window and then pulled her out of her car. Seeing the brutal attack, a witness quickly alerted Las Vegas Metro Police who were parked in a van outside the Mall. Metro Police apprehended Butler after he fled into the Trump Hotel.
In Las Vegas, a business can be liable for injuries employees and customers suffer on their premise. Under Nevada premise liability laws, which cover Las Vegas, a business has a legal duty to keep their properties, buildings and grounds, safe. This duty means a business not only must adequately equip their buildings and grounds, if their business is a parking lot, they must provide sufficient lighting and other safety features. Adequate security personnel or personal protection may also be required. When a business fails to keep its premises safe, it can be considered negligent.
Proving a Nevada business is liable for injuries sustained on their property is not always clear-cut, though. First it must be shown there are actually physical and/or emotional injuries. Next it must be clearly established that these injuries occurred on the business’ premises. If the injuries occurred off the business’ premises, it is much more difficult to show the business is negligent and therefore responsible for any injuries sustained.
After the first two issues are proven, evidence must then be presented establishing how the business was negligent, that it was foreseeable injuries could incur, and that if adequate security measures had been implemented the injuries could have been prevented.
The Las Vegas Fashion Show Mall is not the owner of the parking lot and mall employees and customers have been advised to park in the Mall’s designated areas.
Butler was previously arrested for loitering for prostitution and DUI. He served time in prison for a 2003 sexual assault. For the Mall attack, Butler was charged with one count each of attempt to commit sexual assault, battery with the intent to commit sexual assault, kidnapping with a deadly weapon, and attempted murder. Since Butler was also driving with a suspended driver’s license and an improper vehicle license, he is also charged with one count each of these offenses.
The commentary is for educational and commentary purposes only. If you are injured or attacked on a business premise located in Las Vegas or the state of Nevada, and would like to be represented by a Nevada attorney, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.