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 case of the Las Vegas mass murder; the victim who filed suit alleges that the hotel failed to respond in a timely fashion to the shooting of a security guard six minutes before the gunman opened fire on the public.
The suit also alleges that Live Nation Entertainment – the sponsors of the music festival that took place that night where many of the victims were shot – did not provide a sufficient number of exits, or properly train its staff how to act during an emergency.
To win this case in court, the plaintiff would have to prove several things, including:
- Defendants failed to foresee that the shooting could occur – in other words, the plaintiff would have to show that the defendants could have reasonably assumed that a shooting could have occurred, and failed to take steps to prevent that possibility.
- Plaintiff was lawfully present at the premises – the plaintiff had a right to be at the concert, and was not breaking the law by attending.
- Defendants breached their duty to provide reasonable care – in this case, ‘reasonable care’ would mean proper security.
- Plaintiff suffered injuries due to the defendants’ breach of duty – plaintiff would have to prove that his or her injuries were the direct result of the defendants’ breach of care, and that he or she would not have been injured if defendants had not breached their duty.
- Plaintiff suffered actual damages – the plaintiff would have to provide evidence that he or she suffered physical and psychological damages as a result of the defendants’ breach of duty.
The biggest hurdle in the plaintiff’s case is proving that the defendants should have foreseen the possibility that a gunman would open fire on the concertgoers. Because without being able to show a similar prior event in that area, the plaintiff may fail to meet that 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.
