Thousands of locals and tourists pass through Las Vegas hotels and casinos each day. The owners of these properties are legally obligated to ensure the safety of those who visit their properties. This includes safeguarding against and addressing slip and fall hazards, which account for over 1 million hospital emergency room stays each year in the United States, according to the National Floor Safety Institute (NFSI).
When someone suffers serious injuries after a slip and fall, it is important to investigate the accident and determine what caused it. Some slip-and-fall accidents only occur due to negligence by the property owner or another third party. In such accidents, those injured may have grounds for a personal injury claim against the negligent party.
If you or a loved one has recently been injured in a slip and fall on a Las Vegas property, the dedicated Las Vegas hotel and casino injury lawyers at the Cottle Firm are prepared to help. We can evaluate your case, determine if you have grounds for a claim, and guide you through each step of the legal process. Contact us today at 866-755-9111 to discuss your case.
Premises liability is the cornerstone of any personal injury case stemming from a slip and fall accident. Under this legal framework, the onus is on both residential and commercial property owners to maintain their premises in a condition that is generally safe. These property owners are also legally obligated to warn visitors of any hazards that are not immediately obvious.
If a hotel or casino guest slips, falls, and suffers injuries due to a foreseeable hazard, the property owner could potentially be held liable for damages. To file a successful premises liability claim, the injured party and their personal injury lawyer must prove the following three elements of negligence:
If you were injured in a slip and fall accident caused by any of the above-mentioned property hazards, you could have grounds for a premises liability lawsuit against the property owner. An experienced Las Vegas slip-and-fall lawyer can review your case to determine if negligence was to blame for your accident and injuries.
If you were injured in a slip and fall accident caused by any of the above-mentioned property hazards, you could have grounds for a premises liability lawsuit against the property owner. An experienced Las Vegas slip-and-fall lawyer can review your case to determine if negligence was to blame for your accident and injuries.
Proving that you sustained injuries is typically straightforward, as medical documentation can corroborate the nature and extent of your injuries. The challenge often lies in proving that these injuries directly resulted from the slip and fall accident in question. An experienced lawyer helps their clients obtain sufficient medical documentation, doctor testimony, and other evidence to prove that the injuries were caused by the accident.
Typically, healthcare providers can help establish this causal connection. While some attorneys use depositions, a more effective approach may be to obtain a medical letter during a doctor’s appointment. This written statement can identify injuries suffered during the fall.
Certain types of evidence can be used to establish the existence of a hazardous condition at the time of the accident. However, proving that the property owner had either actual or constructive notice of this condition can be more complex.
Actual notice means the owner had been notified of the hazard, while constructive notice implies that the condition was present long enough that the owner reasonably should have discovered and addressed it before the slip and fall accident and injuries occurred.
Our Las Vegas personal injury lawyers typically use three primary methods to substantiate a claim that the property owner knew or should have known about the hazard:
Witness testimony – Witnesses can be crucial for affirming how long a hazard existed before an accident. While your own testimony is permissible, it could be viewed skeptically as self-serving. An impartial third party’s testimony can be powerful.
Video surveillance footage – All Las Vegas hotels and casinos use security cameras, with virtually all corners of the property being recorded at all times. A lawyer can acquire this footage promptly before it is overwritten. Many properties overwrite their tapes anywhere from 7 days to one month after recording.
Incident reports – Businesses often compile reports detailing accidents on their properties. If you are injured in a slip and fall, you should report it to ownership. These incident reports may provide insight into the type of accident, the cause, who witnessed it, and how long the hazard was present.
When filing a personal injury claim for slip and fall injuries, you will need to come up with a figure for the damages suffered. This figure should include all economic and non-economic damages related to your injuries.
Making this calculation on your own can be difficult, but a lawyer with experience in similar cases can determine how much financial compensation to seek. Your lawyer can also gather evidence to prove your losses. The exact damages sought will vary from case to case. However, some of the most common damages in Las Vegas hotel and casino slip and fall injury cases include:
Settling out-of-court is often the best route for the plaintiff because it can save time and help the plaintiff get the support they need. However, it is important to only accept a fair settlement offer that accurately accounts for the damages suffered.
Insurance companies often try to get injury victims to accept lowball settlement offers, as this helps increase profits for the company. An experienced slip-and-fall lawyer can negotiate with these companies on behalf of their clients and work towards an accurate settlement.
If you attempt to reach a settlement on your own, you are at risk of accepting an unfair offer that does not cover all of the damages you have suffered.
Las Vegas hotels and casinos operate around the clock, and it’s up to staff to keep things running safely 24 hours a day. Staff responsibilities include making sure floors stay clean, spills get mopped up quickly, and walkways are kept free of clutter and other hazards. It also means identifying and addressing problems like broken railings, burnt-out lights, or wet floors before someone gets hurt.
Most hotels and casinos have policies in place requiring staff to conduct regular inspections of public areas, such as lobbies, hallways, restrooms, restaurants, and pool decks. When conducted properly, these inspections help catch hazards before they lead to injuries. However, if staff members skip steps or fail to act on what they see, guests can easily slip and fall.
When investigating a slip and fall injury, a key question is whether the casino staff acted reasonably. If they failed to notice a dangerous condition they should have seen or didn’t act fast enough to fix it, the property owner may be liable for any injuries caused by the hazard.
According to NRS 41.130, employers can be held liable for injuries caused by employees.
An experienced slip and fall attorney will look at staff training records, cleaning logs, surveillance footage, and witness statements to determine whether the property was being properly maintained. If it turns out a staff member failed to follow company policy or if that policy was flawed to begin with, it can strengthen your case for compensation.
If you file a personal injury claim for a slip-and-fall injury, the property owner and their insurance provider will likely have defenses ready to challenge your claim.
One common defense is that the property owner had no way of knowing about the hazard. They may argue that the issue was either temporary or wasn’t present long enough for them to address it. To counter this, you need to show that the hazard was something the owner should have reasonably known about, or that it had been present for a long enough period for them to take action.
Another defense is that the injured party was partially or fully responsible for the accident. The property owner may claim you weren’t paying attention or that you ignored warning signs. In some cases, the defense will argue that the hazard was so obvious that any reasonable person would have noticed it and avoided it. For example, they might say that a wet floor sign was visible, and you should have been aware of the hazard before walking through the area. However, just because a hazard is visible doesn’t mean the property owner is automatically off the hook. If the owner didn’t take reasonable steps to address the hazard, the defense may not hold.
Nevada follows a comparative negligence rule in personal injury cases. This means that if you’re injured in a slip and fall accident, the fault for the incident could be shared between you and the property owner. The court will assign a percentage of fault to each party involved, and any compensation you are awarded will be reduced by that percentage. You can still file a claim if you were partially at fault, as long as your percentage of fault is less than 51 percent.
For example, let’s say you slipped on a wet floor in a casino, but you were intoxicated at the time. The court determines that the property owner was 80% responsible for the hazard that caused your fall, but that you were also 20% at fault for being intoxicated. You are awarded a $20,000 settlement, but this amount is reduced by 20% ($4,000) for a final payout of $16,000.
Have you or a loved one been injured in a slip-and-fall accident at a Las Vegas hotel or casino?
At the Cottle Firm, our experienced Las Vegas slip-and-fall lawyers help our clients take on these powerful companies, fighting for fair compensation for their injuries. Give us a call today at 866-755-9111 to learn more about taking legal action against a hotel or casino for a slip and fall caused by negligence or any other questions about hotel and casino injuries.
