Plaintiffs in event and festival accidents in Las Vegas and around the country generally bring the following claims against anyone who either directly caused an injury or had control over the premises where the injury occurred:
Negligence – Generally, negligence is the failure to act with the level of care that someone of ordinary prudence would have exercised under the same or similar circumstances. The behavior usually consists of actions but can also consist of omissions when there is some duty to act, such as with someone in control of premises such as an arena or festival ground.
Gross Negligence – In some states, an award of punitive damages requires a showing of intentional misconduct. Other states require a defendant to act with recklessness, malice, or deceit. However, in many states, "gross negligence" is a common factor that justifies an award of punitive damages.
Premises Liability – This claim is based upon negligence. The essential elements in a claim for premises liability based upon negligence are: (1) duty; (2) breach of duty; (3) causation; and (4) damages. The essential elements of a claim of breach of duty include notice of the alleged hazardous condition.
Wrongful Death – A claim brought by close relatives of the decedent alleging that a defendant's negligence, carelessness, recklessness, intentional act, etc., was the proximate cause of the death of another.
Intentional Infliction of Emotional Distress and Battery – Civil claims plaintiffs bring against the intentional tortfeasor.