Personal Injury
Seeking Justice for Excessive Force
If you find yourself in a situation where excessive force has been exerted upon you, it’s important to understand your rights and seek legal representation. In Nevada, events and gatherings can sometimes become unruly, and it is the duty of police officers and security personnel to maintain safety. However, there are instances when these authority figures go beyond what is necessary, resulting in injuries or even fatalities. When force is deemed excessive, it means that it exceeds what is required to control a person. If you or your loved one has suffered injuries due to excessive force, it’s crucial to contact a Las Vegas excessive force lawyer from Burton & Reardon today.
Understanding Excessive Force
During events, security guards or officers may need to remove or restrain individuals who are causing disruptions. While some level of force may be necessary to gain control of the situation, it must be proportionate to the circumstances. Excessive force occurs when officers or security personnel use more force than what is reasonably needed to control or remove a person from the area.
Excessive force can involve various intentional and wrongful actions, such as kicking, hitting, punching, using pepper spray, tasing, spitting, shooting, using racial slurs, or even causing death while in custody. Regardless of the circumstances, no one deserves to be a victim of excessive force, and it’s important to take legal action against such misconduct.
Types of Excessive Force in Las Vegas
Las Vegas, being a hub for tourism and entertainment, often witnesses instances where security personnel need to control or remove individuals from establishments. However, some security guards and bouncers resort to aggression rather than attempting diplomacy. They may use unwarranted restraints, unnecessary chemical agents, engage in verbal abuse, assault and battery, or exert excessive physical force. Specific scenarios where excessive force can occur include:
- Bar and nightclub bouncers: Bouncers in Las Vegas frequently deal with controlling patrons in hotel bars and nightclubs. While they may need to use force to remove individuals, it should be done within the boundaries of what is necessary. Improper use of chemical agents or excessive physical force can result in allergic reactions, injuries, or other complications for the victims.
- Hotel security: Las Vegas hotels can become chaotic, particularly during peak tourist seasons. Hotel security personnel may need to remove guests from common areas or prevent non-guests from entering the property. However, their attempts to gain control can sometimes result in injuries due to excessive force or dangerous methods employed to achieve their goals.
- Police brutality: Law enforcement officers in Las Vegas may be overzealous in their efforts to restrain or arrest individuals. Instead of waiting for compliance, they may resort to immediate force, which often escalates rather than de-escalates the situation. Verbal abuse, including the use of racial slurs, is also considered excessive force and is never justified. While qualified immunity may protect law enforcement officers in certain situations, they lose this protection when excessive force is used. The determination of whether the officer crossed the line is usually made by the court or a jury, considering the circumstances.
Proving Excessive Force Claims
Several factors contribute to the use of excessive force, including inadequate screening during the hiring process, a lack of training on how to handle or de-escalate situations, and employers’ failure to hold their employees accountable for their actions. Individuals in positions of authority should be trained to understand the appropriate level of force for different conflicts and should be able to make arrests or escort patrons without resorting to excessive measures. When these individuals fail in their duties, they must be held responsible for their wrongful conduct.
Under Nevada law, victims of excessive force incidents have the right to seek compensation and hold wrongdoers accountable. If you are a victim, follow these steps:
- Remain silent and avoid provoking the violent party further.
- Document the incident and gather witness statements.
- Take photographs of your injuries.
- Contact an attorney specializing in excessive force cases as soon as possible.
Collecting evidence is crucial to proving your claim. Write a detailed account of the incident while the details are fresh in your memory, and preserve any damaged clothing or property as evidence. If the incident occurred in a public place, there may be security footage available, which your Las Vegas excessive force lawyer can attempt to obtain. They will also take steps to ensure that the other party does not tamper with or destroy this evidence.
Various legal actions can be pursued against security personnel, including claims of negligence, defamation, assault, battery, and false imprisonment. An experienced excessive force lawyer from Burton & Reardon will guide you in determining who is accountable for your injuries.
Contact an Excessive Force Lawyer at Burton & Reardon Today
If you or someone you know has suffered injuries in a Las Vegas venue due to excessive force, reach out to the trusted attorneys at Burton & Reardon. With extensive experience in personal injury cases in Las Vegas, we take our clients’ cases seriously and provide dedicated representation. You may be entitled to monetary compensation for the physical, emotional, and financial damages you have endured.
Studies show that personal injury victims who hire lawyers tend to receive higher compensation than those who do not. Let us connect you with a skilled lawyer who will aggressively pursue your case. Our law firm can help you recover lost wages, cover medical expenses, and compensate you for the physical and emotional pain you have endured.
Experiencing unnecessary brutality can disrupt your life and potentially leave you with long-lasting injuries. It’s important to ensure that those responsible face the consequences of their actions. Burton & Reardon offer a free consultation to discuss your case and determine the best course of action. Don’t delay seeking legal assistance, as there may be time limitations to pursue financial recovery. Even if you are unsure about who is at fault, our lawyers have the expertise to assess your situation and determine the compensation you are entitled to.
Remember, at Burton & Reardon, our fees are contingency-based, meaning you only pay if we win your case. Don’t let an aggressive bouncer or officer ruin your life. Call our firm at (702) 213-0303 if you have a personal injury case in Las Vegas, Henderson, or Clark County. Let us help you regain your peace of mind with our expertise and remember, “No win, no fee.”