A young man was very intoxicated at a music venue inside of a casino in Nevada. The kid was toying with all of my friends and eventually toying with me. I tried to create a distance between me and the kid and he sucker punched me in the face, knocking out a tooth and hurting my face. When I told the cop about this, he arrested the kid, who turned out to be 20 and was highly intoxicated. I know that security guards were checking id's throughout the casino, however, he was able to make it in. I am pursuing criminal charges against the 20 year old but do I have a case against the casino?
Personal Injury Lawyer
You need to speak to a Nevada personal injury lawyer because there may be differences in the law between California and Nevada. That being said you will probably have a very difficult time finding a lawyer to take your case against a casino. You have to prove they were negligent in some manner. Simply because they failed to catch an underage individual does not necessarily make them liable for an assault by that individual. The law on this area is very complicated, even in California.
Speak with a Nevada lawyer.
5 lawyers agree
Federal Crime Lawyer
I think counsel above makes a few good points you should consider. OTOH I wouldn't necessarily see a Nevada Lawyer. I would look for a lawyer who is admitted in NV but practices in California. I would want a lawyer who has federal experience as well.
It may be hard to get a Nevada lawyer to take such a case against a casino, and further it may be tough to find a jury or a judge who will hold against a casino in state court. By virtue of your living in California, you have diversity of jurisdiction and if your injuries are above a certain monetary amount you will have the right to bring your case in California AND in a federal court where the judges are not elected but have lifetime appointment.
This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.
Personal Injury Lawyer
You'll want to consult a personal injury attorney in Nevada, but important questions to impute liability to the Casino will be the following:
1. Did the Casino serve the kid alcohol?
2. Was he visibly intoxicated when he arrived at the venue? When they served him a drink, if they did, was he visibly intoxicated?
3. Was the kid's threat of harm foreseeable? For example, had he threatened others or hit others before hitting you?
4. Was security adequate at the concert? How long did it take them to respond and detain the guy? How much time elapsed between his threats of harm and the attack?
5. Have there been previous fights at that venue, and what has the Casino done about it? Did they increase security or train security in response to previous problems with violence?
6. Have others under 21 been able to get in and drink in the past? To what result? What was done in response by the Casino.
These are some questions that may determine liability. In most states the general idea is that you need foreseeability of harm and an inadequate response. Best of luck.