Family Files Lawsuit Against Las Vegas Metro After Man Is Stabbed On Bus
The family of a man who was stabbed more than 30 times has filed a lawsuit against the Las Vegas metro on the grounds of negligent security and wrongful death. According to the family, the man was attacked “without provocation” and the bus driver did not intervene on his behalf, instead allowing the man to be stabbed over and over again until he died. The lawsuit accuses the Las Vegas metro of negligent security and wrongful death.
Elements of negligence
In a negligent security lawsuit, the plaintiff accuses the defendant of failing to provide safe and secure premises. However, to prove negligent security, the plaintiff must be able to establish that the event was foreseeable. In cases like these, the plaintiff uses history to buttress their claim of negligence. In other words, they say that there were several incidents where security was breached on the premises and that the defendant did nothing to improve security.
To win this lawsuit, the plaintiffs will need to establish that the incident was preventable. The man who did the stabbing is currently facing charges, but it is likely he will enter a mental health defense. If so, it could complicate the plaintiff’s case against the metro rail which failed to intervene as he was begging for help.
Negligent security lawsuits in Florida
While a bus does constitute a premises, lawsuits like the one mentioned above are rarely filed against public transportation agencies. It is much more common for these lawsuits to be filed against bars, restaurants, or even apartment complexes. When they are filed against bars and restaurants, the plaintiff can claim that the defendant failed to institute adequate security measures to break up a fight. While the defense usually claims that the plaintiff brought the matter on themselves, having adequate security in place to intervene is considered standard practice for most venues.
Apartment complexes are also routinely hit with negligent security lawsuits in Florida. In cases where the general public has access to the internal grounds of the apartment complex, the residents can claim that the apartment complex failed to secure the grounds from outsiders. When someone is injured because a member of the public had access to the grounds, then the injured party can sue for damages.
In general, negligent security can be difficult to prove because the plaintiff must establish that the defendant committed some form of negligence. There’s no one who can predict that a disturbed member of the public would pull a knife on a crowded bus and stab someone to death. So it may be difficult for the family in the case mentioned above to prove that the metro rail was responsible for the death. The failure of the bus driver to intervene on behalf of the victim is probably not going to be enough. However, if the man had access to the bus and displayed aberrant behavior, then the plaintiffs can claim that the man should have been reported and prevented from coming on the bus. That would establish the element of foreseeability.
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Gillette Law represents the interests of Jacksonville residents who are injured in premises liability claims. Call our Jacksonville personal injury lawyers today to schedule a free consultation and learn more about how we can help.