Casinos are like oversized playgrounds for adults. The atmosphere is exciting, and the entire purpose of a casino is to let go of responsibility and have as much fun as possible. While you are allowed to forgo your responsibilities, the casino owners and managers are not. If you suffer from a slip and fall injury in Las Vegas, you may be entitled to compensation for those injuries. Reach out to a Las Vegas Personal Injury Lawyer to find more about the details of your potential case.
Accidents are not uncommon in casinos, especially due to the sheer volume of patrons that these casinos accept on a daily basis. Slip and falls are one of the more common accidents that occur inside casinos. They can happen in restaurants, entryways, gambling areas, hotel rooms, shuttle buses, swimming pools, and even in the parking lots.
Premises Liability and the Casino
Casinos take on thousands of people each day. Because you are an invitee into the casino, the casino is liable for your safety. The law holds casino owners and managers responsible for any injuries that occur on their premises under premises liability laws. Owners are also held to a higher standard of care, and they are obligated to uphold that standard anytime they invite individuals into their casinos.
A casino must do everything “reasonably” possible to protect patrons, and they must foresee and correct hazards to limit injuries. The law, however, is not as clear as to what “reasonable” means. While some instances of slip and fall injuries are obvious – and it is easy to prove that the casino was not reasonable – there are other instances where it may not be as clear.
For example, if you slipped and fell on a spill in the entryway, you would need to determine how long that spill was present, if the casino was aware of the spill, and if the casino owners had enough time to react and correct the hazard. If the spill happened only minutes before you arrived and fell, it may be difficult to prove that the casino was aware of the issue, let alone had time to fix it.
Scheduled Inspections Required to Ensure Casino Patrons’ Safety
Casinos are required to regularly inspect their facilities. Failure to inspect for potential safety hazards is considered negligent under the law. When a casino’s negligence breaches its standard duty of care to its patrons, the casino can then be held liable for the injuries and damages that occur.
For example, let’s say a casino knows there is a tear in its carpeting that was a potential tripping hazard, but it failed to correct it. Then, you come along and trip over that tear, becoming seriously injured. Because the casino inspected and identified the hazard but failed to correct it, it is liable for your injuries.
Common Slip and Fall Hazards
With patrons and workers in and out of casinos all day, Las Vegas slip and fall accidents can happen anywhere. Casinos have a duty of care to clean up or repair any hazards that could lead to a fall. If that is not practical, it must warn patrons by placing signs or cones in the area or roping it off to prevent accidents.
If you slip and fall in a Las Vegas casino, the casino could be at fault. Here are some of the most common sources of slip and fall accidents:
- Uneven or torn carpeting
- Slick flooring
- Buckled or uneven flooring
- Poorly lit stairwells
- Damaged stairs or railings
- Broken or malfunctioning escalators or elevators
- Unexpected objects in a hall or walkway
- Untreated ice
- Cracks in sidewalks or pavement
Comparative Negligence Laws in Nevada
The casino may use Nevada’s comparative negligence law, NRS § 41.141, to limit its liability for your fall. This law states that if the person who fell is partially responsible for the accident, they can only recover partial damages. For example, the casino may claim that other people saw the hazard, so you should have seen it, too. If you are not more than 50% responsible for your fall, you can still recover damages.
What Types of Damages Can I Recover?
The types and value of damages you may be able to recover after a slip and fall accident depend on the severity of your injuries, the length of your recovery, and the overall impact of the incident on your quality of life. Our attorney serving Las Vegas with De Castroverde Accident & Injury Lawyers will evaluate the details of your slip and fall incident and estimate how much your case is worth. You may be able to recover:
Economic Damages from a Slip and Fall Accident
Economic damages cover tangible losses your accident caused. These expenses may include:
- Medical expenses: You can recover expenses, such as ambulance bills, emergency room treatment, follow-up appointments, surgeries, prescription medication, and more.
- Future medical care: Your injuries may require ongoing treatments, such as additional surgeries and physical or occupational therapy. If you sustained a traumatic brain injury or become paralyzed, you may require lifelong medical care.
- Loss of income: You can recover lost wages if you must take unpaid time off work to recover from your injuries.
- Property damage: If some of your property, such as expensive jewelry or a nice watch, was damaged when you fell, you can recover the value of its repair or replacement.
Non-Economic Damages from a Slip and Fall Accident
Non-economic damages cover the intangible losses you endured because of the accident. It might seem impossible to assign a dollar value to something like pain or emotional trauma, but a lawyer with experience handling personal injury cases can do it. Non-economic damages may include:
- Physical pain: If you experience chronic pain, require multiple surgeries, or endure a long recovery, you can seek damages for physical pain.
- Emotional trauma: If you struggle with anxiety, depression, insomnia, or another mental health condition because of your slip and fall accident, you can seek damages for emotional trauma.
- Reduced quality of life: If your injuries prevent you from participating in activities or hobbies you once enjoyed, make it hard for you to leave the house, or negatively affect your life in other ways, you can seek damages for a reduced quality of life.
A Slip and Fall Attorney Can Help with Your Case
While you can seek damages on your own, you might feel a little bit like David against Goliath when you take on a big Las Vegas casino all by yourself. A lawyer with De Castroverde Injury & Accident Lawyers can help with your slip and fall case by:
- Determining who is at fault: The casino may try to claim you are at fault for your slip and fall accident to avoid paying you any damages. Our lawyer can fight back against these claims by gathering evidence of the casino’s negligence. We can take pictures of the scene, collect security camera footage, interview eyewitnesses, and more.
- File an insurance claim: We will file a claim with the casino’s insurance provider on your behalf.
- Estimate your damages: We will use evidence, such as your medical records and bills, pay stubs, property repair bills, and interviews with you, your family, and friends to estimate the total value of your losses.
- Negotiate a settlement: We will negotiate an out-of-court settlement with the insurance provider.
- File a lawsuit: If negotiations fail, we will file a lawsuit against the casino on your behalf.
How Much Time Do I Have to Sue?
If you slip and fall in a casino in Nevada, you only have a short time to sue. NRS § 11.1190 sets the statute of limitations deadline for personal injuries at two years. This means you have two years from the date of your accident to file a lawsuit against the casino.
You must act quickly after you slip and fall in a Las Vegas casino, or you might lose your chance to sue. Our attorney with the De Castroverde Accident & Injury Lawyers will review your case, determine how Nevada laws affect you, and make sure you meet all your case’s legal deadlines.
Filing Your Claim Requires the Assistance of an Attorney
If you have been injured in a slip, trip, or fall at a casino here in Nevada, contact the Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers. We are here to help you file your claim but also to prove the casino was acting negligently at the time you were injured. Schedule your consultation now at XXX-XXX-XXXX or fill out an online contact form with your questions.