When security guards, bouncers, or other security personnel overstep their authority and cause harm to innocent people, the victims have a clear case of a criminal and a civil case on their hands.
A criminal case is based on a crime, while a civil case is based on a legal wrong. An individual can break a criminal law and commit a legal wrong against a private individual by the same conduct.
Security guards at Las Vegas bars, restaurants, casinos, hotels, concert venues, and other locations, acting on behalf of the property’s ownership, can use their size and strength to subdue those who cause disturbances or are otherwise disruptive or violent.
Nevada laws allow security staff to use reasonable force, especially when dealing with violent or intoxicated people. If threatened with physical harm or attacked, Las Vegas bouncers and security guards can defend themselves and others and use appropriate force to restrain the violent person. Security staff also can briefly detain someone suspected of a crime, usually long enough for police to arrive.
Excessive force can be dangerous, resulting in serious injuries or even death. Examples of excessive force by security personnel may include punching, kicking, or beating someone who has been subdued, misusing a Taser or pepper spray, or even making derogatory comments or using racial slurs or epithets.
Intentional Torts in Nevada
Criminal cases involve the government. The prosecutor has control of the case. If the defendant is convicted, they may face jail time. As an injured party in the case, you may file a civil tort claim to receive compensatory damages.
Intentional torts fall under personal injury law and may be prosecuted as civil actions. These claims may be filed simultaneously as criminal actions against the defendants for the same conduct.
An intentional tort is a civil wrong resulting from a deliberate act by the wrongdoer. It includes wrongful actions that cause harm to others and that are done on purpose. Intentional torts must consist of an element of intent. Types of intentional torts in Nevada include fraud, embezzlement, assault, battery, conversion, trespassing, and false imprisonment.
Why Should You Consider Filing a Civil Tort Claim?
People often file personal injury claims even when criminal charges have been filed. Under criminal law, the prosecution has to prove that the defendants committed every element of the offense with which they are charged beyond a reasonable doubt. This high burden of proof makes it more difficult to prove the defendants’ guilt under criminal law. In a civil tort claim, the Plaintiff is required to prove that the defendant/s committed the intentional tort by a preponderance of the evidence.
For an intentional tort to be proven, it does not need to be shown that the defendant intentionally caused an injury. It has to be merely shown that the defendant performed the act on purpose while knowing that the action could cause harm to another person.
Injured victims may also file civil claims against the defendants even if no criminal cases are filed or if the defendants are found not guilty in their criminal cases. This may allow the injured victims to recover damages for the losses they have suffered.
Civil intentional tort cases allow the plaintiffs to recover monetary damages from the defendants who caused them harm, regardless of whether they are guilty of corresponding criminal actions.
Doctrine of Respondeat Superior
In Intentional Torts, the principle of respondeat superior applies to both negligent and intentional torts. Respondeat superior is a legal doctrine that holds an employer legally responsible for the wrongful acts of an employee if such acts occur within the scope of the employment. This doctrine does not hold the employer guilty of any wrongdoing but rather imposes vicarious liability on them.
Use of excessive force or an assault will be found to be “within the scope of employment” when an employer places an employee in a position involving force. The employer can be liable for the employee’s actions, even if the employee uses more force than necessary.
Pacific West Injury Law -Fearless Legal Representation That Won’t Shy Away From The Fight
If you are injured by someone acting within the scope of their employment in Las Vegas, Henderson, or North Las Vegas, you may have a claim against both the employee and the employer. At Pacific West Injury Law, our knowledgeable lawyers will investigate contributing factors to the use of excessive force by security personnel.
Some common contributing factors to excessive force include inadequate screening procedures while hiring security staff, lack of training on how to handle or de-escalate situations, and the inaction of employers to hold forceful employees accountable for their actions in the past.
In personal injury claims involving intentional torts, the lawyers at our Las Vegas personal injury law firm can help the injured victims recover compensatory and punitive damages. Compensatory damages include special damages and general damages.
Special damages are quantifiable and in, including future medical expenses, income losses, reduced earnings capacity, and property losses. General damages are intangible losses such as pain and suffering, mental anguish, and loss of consortium. The specific types of damages that might be available will depend on the kind of case, the severity of the injuries, and the likelihood of the victim fully recovering.
While punitive damages are rare in negligence actions, they may be easier to recover in intentional tort cases, mainly if the defendants acted in a heinous manner.
The personal injury lawyers at Pacific West Injury Law have the experience, skills, and resources to go toe-to-toe with the world’s most prominent, wealthiest, and most powerful hotels and casinos.
Do you have a complicated or sensitive case requiring fearless representation and a customized strategy? Let us help.