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Las Vegas Personal Injury Lawyers / Blog / Negligent Security / Negligent Security Claims in Nevada: Holding Property Owners Accountable for Crime

Negligent Security Claims in Nevada: Holding Property Owners Accountable for Crime

Premises Liability

When people picture premises liability cases, they often think of slip-and-falls, faulty steps, or poor maintenance. But one of the more serious and overlooked categories is negligent security.

That’s when a property owner’s failure to provide adequate protection allows a crime to occur, causing injury or loss. In Nevada, victims of assaults, robberies, or other criminal attacks on someone else’s property can sometimes hold the owner or operator legally responsible.

At Mainor Ellis Injury Lawyers, we help clients navigate the complexity of negligent security claims, assess whether a property was negligent, and fight for full compensation under Nevada law.

What Is a Negligent Security Claim?

A negligent security claim is a premises liability action in which the harm is caused not by a dangerous surface or structural defect, but by the wrongful acts of third parties (assault, robbery, sexual violence, etc.).

The legal question is: did the property owner take reasonable measures under the circumstances to prevent foreseeable crime, and did a failure in those measures allow the criminal act to happen?

Under Nevada common law, a proprietor’s duty to protect patrons from a third party’s crime arises when there is reasonable cause to anticipate such acts, and the probability of injury is sufficient to require precautions.

  • In other words: the property owner is not an insurer of safety, but when criminal acts are reasonably foreseeable, they must take steps to reduce that risk.

Nevada statute also provides specific authority for security claims in a lodging (hotel) context. Under NRS 651.015, “keepers” of hotels, inns, motels, and lodging houses can be civilly liable when a patron is harmed by a non-employee if (1) the wrongful act was foreseeable and (2) the owner failed to take reasonable precautions against it.

Key Legal Elements You Must Prove

To win a negligent security case in Nevada, you generally must show:

  1. Control / ownership: The defendant owned, leased, operated, or controlled the property where the harm occurred.
  2. You were lawfully on the property: You had permission (you were an invitee, guest, or licensee) rather than a trespasser.
  3. Inadequate security measures: The property lacked reasonable protective measures (such as lighting, surveillance, guards, controlled access).
  4. Knowledge / notice / foreseeability: The owner knew or should reasonably have known that criminal activity was likely in that location (based on past incidents, crime trends, or warnings).
  5. Causation and damages: The inadequate security was a proximate cause of the injury or loss, and you suffered measurable damages (medical costs, lost wages, pain and suffering).

In practice, defendants often argue that the act was not foreseeable, or that they responded reasonably (or that your own behavior contributed). Under Nevada’s modified comparative negligence rule (NRS 41.141), your recovery can be reduced by your share of fault. If you’re more than 50% at fault, you may be barred from recovery entirely.

Additionally, Nevada’s trespasser statute, NRS 41.515, says that property owners generally owe no duty to trespassers, except in narrow circumstances (e.g. willful or wanton misconduct).

Statute of Limitations & Remedies

In Nevada, the statute of limitations for negligent security and most personal injury claims is two years from the date of injury. If you wait longer, the court may refuse your case regardless of its strength.

If successful, you may recover:

  • Past and future medical expenses
  • Lost income and diminished earning capacity
  • Pain and suffering, emotional distress
  • Costs of security upgrades, property damage
  • In rare cases, punitive damages (if the defendant’s conduct is willful or grossly negligent)

A negligent security claim often becomes a battle over notice, foreseeability, and what “reasonable security” meant in context. At Mainor Ellis Injury Lawyers, our Las Vegas negligent security lawyers can strengthen your claim for compensation, regardless of the circumstances.

Injured Due to Negligent Security? Contact Us Now

If you or a loved one was harmed because of inadequate security on someone else’s property in Nevada, you deserve justice and compensation. Don’t let defenses about foreseeability or blame-shifting deter you. Reach out to Mainor Ellis Injury Lawyers today for a free consultation. Call us at 702-450-5000 and let us evaluate your case, guide you through evidence preservation, and fight for your rights.

Source:

leg.state.nv.us/nrs/nrs-651.html

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