A woman injured in a random shooting at a Las Vegas casino is claiming, in a lawsuit, that security was inadequate at the property on the night of the crime. Carrie Zeravica was one of five people injured when 51-year-old Steven Zegrean opened fire from a mezzanine balcony at the New York-New York casino in July 2007. Zeravica, a dance teacher, was 23 when she was shot in the knee.
Zeravica is suing the Las Vegas Strip resort and its owner, MGM Mirage. "Defendants knew, should have known or had notice of the dangerous, unsecured state and low level of security…which allowed Zegrean to possess a gun on the premises and subsequently shoot the plaintiff," the claim alleges. The lawsuit also asserts that Zegrean entered the property wearing a trench coat, which was unusual in the July heat of Las Vegas.
Owners of hotels, apartments, stores and other places have a duty to use reasonable care to protect those lawfully on their premises. Their responsibility includes their own employees and reasonable safeguards against the acts of third parties. In Merrill v. McDonald, the Florida Supreme Court ruled that a business could not shirk its duty to protect its patrons by transferring liability to criminals who commit foreseeable acts. A business must make reasonable efforts to protect its customers.
The liability of a negligent premises owner for the intentional acts of a criminal varies in different states. Generally, property owners have a duty to take reasonable steps to protect the public from foreseeable criminal acts. Adequate security measures may include hiring security guards and installing sufficient lighting and security cameras. The adequacy of the security measures may vary depending on the location and type of business. Allegations of prior criminal acts are relevant in determining foreseeability. Owners are typically found liable when no harm would have befallen the victim if not for the owner's negligence.
If you, or a loved one, have suffered or been injured due to a lack of proper security, you should consult with an attorney. An attorney will be able to answer your questions regarding a property owner's legal liability and help you know your legal rights.



