Las Vegas hotels can pose several risks for slipping—for example, slick floors, spilled drinks, freshly mopped areas, and uneven tiles can cause slip and fall accidents. Sometimes the injuries sustained during these accidents are severe, leading to high medical bills and other damages.
If you slip and fall in a hotel, you can sue the company in many cases. The answer depends on a few factors, but if the hotel staff failed to set out proper safety measures or was negligent in any way, the answer might be yes.
Potentially Recoverable Damages for a Slip and Fall
Successfully suing a hotel for an accident depends on several factors, including:
- How the accident occurred
- How much the hotel is responsible for the injury
- If you sought medical care
- The severity of the injury
- Your ability to work after the accident
- Your prior medical history before the accident
There is no set monetary amount for what you can win in a slip and fall case. Every case is unique, and recoverable damages vary on a case-by-case basis. Still, it is possible to recover compensation for the following in a slip and fall case:
- Medical bills, including those for pain medication, hospital transportation, X-rays, and other treatment needs
- Lost wages caused by an inability to work
- Pain and suffering
When you hire a law firm for your case, a slip and fall attorney can identify and calculate the value of your various damages.
Requirements for Recovering Damages
The first step in proving a hotel legally responsible for your accident is to present evidence that the hotel owner or employees were negligent. They must have breached their duty to keep guests safe from harm, and that breach must have caused the slip and fall.
According to legal decisions like that of Twardowski v. Westward Ho Motels, 86 Nev. 784, 476 P.2d 946 (1970), property owners are required to keep their premises safe for visitors. Therefore, they are responsible for their guests’ injuries if they fail to address unsafe conditions. For example, they could be liable for failure to repair and/or notify guests of a slipping danger.
For hotels, unsafe conditions can mean:
- Open swimming pools
- Broken stairs or elevators
- Wet floors
- Flooding indoors or outdoors
- Accumulated snow or ice
- Cracks in the floor
- Uneven flooring or walkways
- Insufficient lighting
- Lack of adequate security
However, NRS 41.515 establishes that property owners do not owe this same level of care to trespassers. Note that this does not cover causing a trespasser wanton or willful harm.
Who Is At Fault for a Slip and Fall at a Hotel?
The hotel company may be responsible for a slip and fall accident under certain circumstances. If the facility’s managers were negligent, careless, or failed to address a risky condition in a timely manner, they could be responsible for damages from a slip and fall injury. However, falling and getting injured alone is not enough to prove the hotel is responsible.
Every business, including hotels, has legal teams prepared to handle slip and fall cases, which could make it intimidating to handle the case on your own. With the support and guidance of a premises liability attorney to handle your case, you won’t have to worry about facing the liable party alone.
Proving That a Hotel Was Negligent
Helpful evidence to gather that can help prove a hotel was negligent can include:
- Photos or videos of the accident scene (showing the slippery floor, spill, or whatever else caused the fall)
- Surveillance footage of the area showing the fall occurring
- A lack of a “Caution: Wet Floor” sign and other warning signs in a dangerous or wet area
- Eyewitness testimony from others who saw the victim fall
- What shoes the victim was wearing at the time of the fall
- Contact information from the employees who helped you for future use
- Your account of the accident and what you were doing at the time it occurred
- A sample of the slippery floor itself
- Medical records and documents showing the medical care you received after the accident
What if I Was Partially to Blame?
Victims of slip and fall injuries can still recover damages under Nevada’s comparative negligence law, NRS 41.141. However, they would receive less compensation than if the hotel received full liability.
As long as the hotel shares most of the blame for your accident, the company might have to pay you recoverable damages. Actions that could make you partially at fault for your accident include:
- Running inside the hotel
- Walking while texting
- Public intoxication
- Wearing inappropriate shoes (tall heels, flip flops, slippery soles, etc.)
Who Else Can Be Sued?
Sometimes, other parties can be held accountable for your injuries. They include:
- Interior decorators for the hotel
- The construction company that built the hotel
- Hotel employees or patrons that caused a floor to become slippery
- Safety workers or custodians who failed to act quickly to address a dangerous situation
What to Do After a Slip and Fall Accident in a Hotel
Following a slip and fall, the first thing you should do is report the accident to someone before leaving the premises. This could be a hotel staff member or the hotel manager, if possible. Failure to report your accident quickly can affect the outcome of your case.
The next steps after this include getting medical attention and collecting evidence to prove the hotel’s negligence. At any point, you can hire an attorney to handle your case. The sooner you do so, the more your legal team will be able to do for you.
How Long Do I Have to Sue?
The statute of limitations in Nevada for personal injury is two years from the accident date, under NRS § 11.190(4)(e). Once this deadline passes, the courts can bar you from filing a lawsuit against the hotel. As soon as you know you have been injured due to a slip and fall accident, you should take action right away.
Hiring a Slip and Fall Attorney in Las Vegas
If you or someone you love has suffered a slip and fall accident on a Las Vegas hotel property, you should consider hiring a personal injury attorney as soon as possible. The attorneys at De Castroverde Accident & Injury Lawyers can protect your legal rights and analyze your claim.
Our team can fight for the best outcome for your case. We’ll start by reviewing your case in a free, no-obligation consultation.