Las Vegas is one of the top tourism destinations in the United States, as the city welcomed over 40 million visitors in 2023. Most visitors to Sin City have an enjoyable time and return home with no issues. But sadly, some unfortunate individuals have their trips derailed by injuries.
Some casino injuries in Las Vegas are caused by negligence, such as failing to address a hazardous condition before someone gets hurt. Under Nevada’s premises liability laws, Las Vegas casinos can be held liable for injuries on their properties if the injury was at least partly caused by their negligence.
If you have recently been injured at a hotel, casino, or other property in Las Vegas, you have legal rights. If the property or another party was at fault, you could recover financial compensation for your medical expenses, lost wages, pain and suffering, and other damages.
At the Cottle Firm, our team of Las Vegas personal injury lawyers helps hold these properties accountable for preventable injuries caused by negligence. Contact us today at 866-755-9111 to discuss your potential personal injury lawsuit in a free consultation.
Types of Injuries in Casinos
Casinos have a legal duty to keep their premises safe and free of hazards that could injure visitors and guests. Here are some of the most common types of injuries caused by casino negligence.
Slip and Fall Accidents
Slip-and-fall accidents are a major risk in casinos. Floors must be regularly maintained, cleaned, and inspected for hazards that could result in injuries. Wet floors from spilled drinks or recent mopping, poor lighting, uneven carpets, and other dangerous conditions can cause serious accidents. For example, a guest might slip on an unmarked wet floor near the restrooms or trip over loose carpeting on the gaming floor.
Defective Furniture and Equipment Injuries
Casino furniture and equipment like chairs, tables, and slot machines should be regularly maintained. Poorly maintained furniture can malfunction and cause an injury. For example, a casino patron could be injured if a poorly maintained chair collapses.
Security and Assault Injuries
Casinos are legally obligated to provide adequate security measures to reduce the risk of robberies, assaults, and other crimes on their premises. But sometimes, casino guests are injured in incidents that only occur because of negligent security, such as a lack of security guards. There have also been cases of guest injuries caused by security guards using excessive force.
Food Poisoning and Contaminated Products
Casinos dish out thousands of meals every day at various restaurants and bars. Proper food storage and preparation are paramount, as any lapses can result in food poisoning. Contaminated drinks or meals can cause outbreaks of severe illnesses. When guests suffer such illnesses due to hygiene issues or other forms of negligence, they may have grounds for a personal injury lawsuit.
Pool and Spa Injuries
Pool and spa facilities require careful attention and regular maintenance to prevent guest injuries. Slippery pool decks, poorly maintained equipment, or lifeguard negligence can result in pool accidents like slip-and-falls or even drowning incidents.
Injuries During Casino Events
Casinos often host special events that draw large crowds, such as concerts, shows, and conventions. Guest safety must be prioritized during these events. Casinos should implement safety measures that minimize risk for all attendees, such as security personnel and avoiding overcrowding. Inadequate safety measures can lead to preventable accidents and injuries for guests.
Can You Sue a Casino for Injuries?
If you’ve been injured in a casino, you may be wondering if you have grounds for a lawsuit against the property. The validity of your claim depends on two key legal concepts: premises liability and negligence.
Premises Liability in Casinos
Under Nevada’s premises liability laws, all types of property owners are legally required to keep their premises safe for visitors. Casinos have a legal duty to regularly inspect their properties, address potential hazards promptly, and provide visitors with adequate warnings when hazards do arise. If a casino fails to meet this legal duty, it could be held liable for any resulting injuries.
NRS 41.515 outlines exceptions to premises liability, specifically that property owners may not be held liable for injuries to trespassers. Only those who were permitted to be on the property may file personal injury claims for injuries caused by negligence.
Proving Negligence
To successfully hold a casino liable in a personal injury lawsuit, you must show that your injury occurred due to the property’s negligence. To prove negligence, you must prove that the following four criteria apply to your case:
- Duty of care: Casinos owe a duty of care to their guests and visitors, meaning they must keep their premises free of foreseeable hazards that could cause injuries.
- Breach of duty: The casino breached its duty of care by failing to address or warn about a hazard.
- Causation: This breach of the duty of care directly caused your injury.
- Damages: You suffered measurable harm due to your injury, such as medical bills, lost wages, and/or pain and suffering.
Valid vs. Invalid Claims
Valid claims typically involve preventable hazards, such as unmarked wet floors or poorly maintained equipment. However, if your own reckless behavior contributed significantly to the injury, such as intoxication leading to a fall, your case may be weaker.
In some situations, both parties may bear partial responsibility for the accident and subsequent injuries. In such cases, injured parties may still have grounds for a lawsuit. Under Nevada’s comparative negligence law, you can still file a lawsuit as long as you are deemed to have been less than 50% responsible for the accident.
Who Can Be Held Liable?
In many casino injury cases, the casino itself is the liable party. However, there are other circumstances in which a third party may be held liable for negligence. For example, if an injury occurs due to negligent security but the security team was contracted through a third-party company, that company could be held liable for damages instead of the casino. In some cases, multiple parties could be held liable for an injury.
Steps to File a Personal Injury Lawsuit Against a Casino
If you have suffered a casino injury and you decide to take legal action, you will need to follow these steps:
Seek Immediate Medical Attention
Your health should always be the top priority. Seek medical care as soon as possible, even if you think your injuries are minor. Some injuries have delayed symptoms and may be much more serious than they initially appear. Documentation of your injuries will also be a key piece of evidence in your claim.
Gather Evidence
Collect evidence of your injury and the conditions that caused it to support your claim. Take photos or videos of the hazard, get contact information from any witnesses, and keep copies of all medical documentation. Your lawyer may also be able to obtain security camera footage of the accident to use as evidence in your claim.
Notify the Casino
Report the incident to casino management, file an incident report, and ask for a copy for your records. Avoid discussing the accident and injury with casino staff without first consulting an attorney, as statements could be used against you.
Contact a Personal Injury Lawyer
Filing a personal injury lawsuit requires legal guidance from an experienced personal injury lawyer. Your lawyer can help you understand your rights, evaluate your case to determine whether you have a valid claim, help you file your claim, negotiate with the casino’s insurance company for a settlement, and represent you in court, if necessary.
File Your Lawsuit
Your lawyer will initiate the legal process by filing a formal complaint in court, which outlines the casino’s negligence and the damages you are seeking.
Settlement or Trial
Most personal injury claims are settled out of court. However, if settlement negotiations fail, your case may proceed to trial. Your lawyer will present evidence and argue your case in pursuit of a favorable verdict.
Differences Between Native American Casino and Las Vegas Casino Injury Lawsuits
Nevada is only home to two Native American casinos, but if you’ve been injured at one of these properties, it’s important to understand the differences between your case and a case involving a Las Vegas casino injury.
Native American casinos operate on tribal land and are governed by tribal law. Sovereign immunity protects tribes from lawsuits unless they have explicitly waived this immunity. This means that they are generally immune from lawsuits involving transactions that occurred on their land. However, if the casino waived this right, you could still have grounds for a personal injury claim.
Conversely, Las Vegas casinos are typically privately owned and subject to Nevada state laws regarding personal injury claims, such as premises liability and safety regulations.
What Compensation Can You Seek in a Casino Injury Lawsuit?
You may seek compensation for all damages related to your injuries. The damages most commonly awarded in Las Vegas casino personal injury lawsuits include:
Medical Expenses
Compensation for all injury-related medical expenses, including emergency care, ongoing treatment, rehabilitation, and the cost of future care.
Lost Wages
You may be reimbursed for lost income if your injury caused you to miss time at work. This may also include future earning potential if your injury was severe enough to affect your ability to work long-term.
Pain and Suffering
Emotional and physical distress caused by the injury may be compensated for with pain and suffering damages.
Punitive Damages
In cases involving egregious negligence or willful misconduct, courts may award punitive damages to punish the casino and deter similar behavior.
Common Defenses Casinos Use Against Injury Claims
Casinos have teams of skilled lawyers who specialize in challenging injury claims. Here are some of the most common legal defenses employed by casino attorneys.
Comparative Negligence
The casino may argue that you were more than 50% responsible for your injury. For example, you could be deemed partially negligent for ignoring warning signs or being severely intoxicated. You may still file a lawsuit if you were less than 50% at-fault, but any awarded amount will be reduced by our percentage of fault. For instance, if you were deemed 40% negligent and were awarded $10,000, the final amount would be reduced to $6,000.
Assumption of Risk
Casinos may argue that you assume certain risks by engaging in specific activities, such as gambling or attending events.
Lack of Sufficient Evidence
The casino’s legal team may claim that you lack sufficient evidence to prove that their negligence caused your injuries.
Discuss Your Claim With a Las Vegas Personal Injury Lawyer
If you’ve been injured due to casino negligence, you shouldn’t have to deal with your financial or personal setbacks on your own. At the Cottle Firm, we believe that negligent property owners must be held accountable for failing to keep their guests safe from preventable harm. Contact our Las Vegas personal injury lawyers today at 866-755-9111 to discuss your casino injury case in a free consultation.
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