If you get injured in a casino, it is possible to hold the casino responsible for your injuries. Injuries are common while on casino property, and they are not always the fault of the victim. While casino managers, owners, and staff cannot avoid all hazards, any negligence on their part can cause or contribute to potential dangers for patrons.
It is the responsibility of casino managers and owners to ensure that guests and visitors are kept safe by properly maintaining the facilities and equipment. When the casino owners fail to keep their facilities safe and someone gets injured, they could be held liable for premises liability claims made by the injured party.
Casino Accidents and Premises Liability
Premises liability is a legal term that holds property owners and occupants responsible for accidents and injuries that happen on their property due to dangerous conditions. This can encompass a range of legal claims that arise from hazards on someone else’s property. A common example is when a store owner fails to clean up a slippery substance on the floor, which results in a customer slipping and falling. Although there are many other types of premises liability claims, falls are the most common.
Each state has its own set of rules governing premises liability claims. Before filing a Las Vegas claim, it’s important to understand the legal requirements in Nevada. Consulting an experienced premises liability lawyer can help guide you through the process.
Casinos are legally responsible for accidents and injuries that happen on their premises due to their failure to exercise reasonable care in maintaining their property. Casino guests are considered invitees, and as such, the casino owes them a duty of care. Therefore, casino owners must take all necessary precautions to ensure their premises are safe for patrons and employees. If they fail to do so, they are considered negligent.
Negligence refers to a failure to take reasonable steps to protect others from harm. It’s the responsibility of individuals and organizations to act with care to avoid causing harm to others. Negligence can be either intentional or unintentional, and can lead to personal injury claims against the responsible party. If a casino is negligent, it can be held liable for any accidents or injuries to its guests resulting from its negligence on its premises.
Common Casino Accidents
Due to the high volume of guests and staff at casinos on a daily basis, owners often fail to fulfill their obligation of providing a safe environment for their guests. This negligence leads to common casino accidents, such as:
Slip and Fall Accidents
Slip and fall accidents are the most common way to get injured in a casino. This can happen due to spills of food and drinks, dirty and wet bathrooms, poor lighting, and cracked or worn flooring. After any slip-and-fall injury, it’s essential to examine the severity of the injuries and the events surrounding the fall. If the hotel or casino fails to fix a problem with the carpet or stairs, for example, it will likely be at fault. If a spill was left unattended for a prolonged period, the hotel may also be liable for resulting injuries.
Casinos offer food in various forms to millions of guests yearly, including restaurants, buffets, fast food services, and room service. However, when food is not prepared properly, staff does not keep their hands clean, or food is left out too long, it can lead to serious food poisoning for guests.
Elegant swimming pools are a common feature in many hotels and hotel/casinos, which can be enjoyed by the guests. However, casinos and hotels have an obligation to take life-saving measures, provide life-saving equipment, and make an effort to prevent drowning risks. Failure to provide such protections could render a hotel liable in the event of a drowning.
People visiting casinos often carry large amounts of cash, which makes them more vulnerable to assaults and robberies when casinos do not provide adequate security. People may fall victim to physical or sexual assault on a casino’s premises.
Injuries from casino accidents can include traumatic brain injuries, bone fractures, drowning or near-drowning, food poisoning, spinal injuries, burns, lacerations, or contusions. While some injuries may require only minor medical intervention and time to heal, others can lead to a lifetime of physical and mental health issues.
When Is a Casino Liable for a Guest’s Injuries?
To hold a casino accountable for injuries sustained in Las Vegas, Nevada, there are typically three elements that must be proven:
- First, it must be demonstrated that there was a hazardous condition on the casino’s premises.
- Second, it must be shown that the casino’s owner, manager, or staff acted negligently.
- Finally, it must be demonstrated that your injury or property damage was a direct consequence of that negligence.
In Nevada, it is the responsibility of casino owners and managers to maintain a safe environment by preventing or correcting any safety hazards. If they negligently fail to do so and hazardous or unsafe conditions result in an accident, the casino may be held liable for any resulting injuries.
What to Do After an Accident in a Casino
An accident at a casino or hotel can be a stressful and disorienting experience. However, the actions you take immediately following an incident can have a significant impact on your chances of obtaining compensation later. In this regard, it’s crucial to know what to do after a Las Vegas casino or hotel accident. You can take the following steps to ensure that you have a strong case:
Report the Accident
Inform the casino manager of the accident as soon as possible. Fill out a report detailing the specifics of the incident, and request a copy for your records.
Document the Scene
If possible, take photos or videos of the place where the accident happened and your injuries. Also, collect contact information from any witnesses.
Seek Immediate Medical Assistance
Don’t delay seeking medical attention for your injuries. Prompt medical assistance and documentation can be essential in building a strong compensation claim.
Document Your Damages
Collect copies of any medical bills and other expenses incurred as a result of your injury. You’re eligible to claim any expenses directly related to your injuries.
Contact an Attorney
Consult with experienced Las Vegas personal injury attorneys to review your case. An attorney can advise you of your legal rights and help you navigate the claims process. He or she can also preserve crucial evidence like surveillance videos before they are lost or destroyed. A slip and fall lawyer can help to negotiate settlements on your behalf.
How to Prove the Casino Was Liable
Premises liability cases, like any other personal injury claim, require proof of negligence. Simply suffering harm on someone’s property is not enough to file a premises liability lawsuit. To establish negligence and win a case, you will need to prove four requirements under Nevada’s premises liability laws:
- First, there must have been a dangerous condition on the premises. Examples of dangerous conditions in a casino include slippery floors, tripping hazards, inadequate lighting, broken furniture, poorly trained staff, or poorly maintained equipment. To use as evidence, you can take photographs, collect surveillance videos, or gather eyewitness testimony.
- Second, the property owner or tenant must have known or should have known about the dangerous condition. If the condition was open, obvious or in plain sight, it is likely that the owner or tenant was aware or should have been aware of it. For instance, a large open hole in the floor would make it difficult for anyone to claim ignorance.
- Third, you must have suffered injuries due to the dangerous condition. If you did not sustain any injuries, you will not have resulting damages. If your injuries resulted from causes other than the hazardous condition, you cannot claim compensation from the owner or tenant. You need to prove that your injuries would not have happened if the dangerous condition had not been present.
- Fourth, your injuries must have caused you to suffer damages. If your injuries were not serious enough to require medical attention, or if you did not otherwise incur costs as a result of your injuries, you have no grounds to recover compensation.
Apart from these requirements, you must also demonstrate that you had legal permission to be on the property. Premises liability claims arise from the property owner’s or tenant’s negligence. To prove negligence, there must be a duty of care owed. Property owners usually have a duty of care towards others on their property. However, they do not have a duty of care towards trespassers. Under Nevada law, casino patrons are considered invitees, which means they’re permitted on the premises and owed a duty of care unless they’ve been previously prohibited from visiting the casino.