The casinos and hotels of Las Vegas are among the most visited tourist destinations in the United States, as the city receives tens of millions of tourists each year. Of course, the city’s casinos are also frequented by countless Vegas locals every day.
With so many people moving through Las Vegas properties virtually 24/7/365, the owners of these hotels and casinos have a legal duty to make sure their premises are consistently safe. But unfortunately, sometimes foreseeable hazards and dangerous conditions lead to accidents and preventable injuries in Las Vegas hotels and casinos. When someone is injured due to negligence by the property owner or employees, that injured party may have grounds for a lawsuit against the hotel or casino.
If you were seriously injured on a Las Vegas hotel or casino property and believe that your injuries were caused by negligence, the team of experienced Las Vegas hotel and casino injury attorneys at the Cottle Firm is here to help. Contact us today at 702-722-6111 to learn more about your legal rights in a free consultation.
When Can Hotels and Casinos Be Held Liable For Injuries?
Hotel and casino injury lawsuits fall under the legal purview of premises liability. According to this legal doctrine, all types of property owners are legally obligated to do everything in their power to keep their properties safe. This includes regularly checking for and addressing any dangerous conditions that may arise.
Not all hotel and casino injuries result in liability for the property owner. The injured party only has grounds for a lawsuit if they can prove that the property owner acted negligently and that this negligence directly caused their accident and subsequent injuries.
Components of Premises Liability in Nevada
Nevada premises liability law requires the injured party to prove the following conditions:
- The property had a dangerous condition.
- The property owner was aware of or reasonably should have been aware of the condition.
- An accident happened due to the dangerous property condition
- The plaintiff suffered injuries and damages as a result of the accident.
If the plaintiff and their attorney can provide sufficient evidence to prove these four criteria, the property owner may be considered negligent and held liable for damages like medical expenses, lost wages, pain and suffering, and other economic and non-economic damages.
Comparative Negligence in Nevada
Nevada uses a comparative negligence rule to evaluate fault in personal injury cases, as established in Nevada Revised Statute 41.141. Each party involved is assigned a percentage of fault for the role they played in the accident. People who suffer injuries in hotels and casinos may still file a lawsuit if they were partially at fault, as long as their percentage of fault was 50 percent or lower.
Common Accidents in Las Vegas Hotels and Casinos
At the Cottle Firm, our Las Vegas hotel and casino injury attorneys have handled cases involving a wide range of accidents. Here are some of the most common types of accidents we see.
Slip and Fall
Slips and falls are among the most common accidents in hotels, casinos, and all other types of properties. According to the National Floor Safety Institute (NFSI), around 8 million people go to the hospital for falls each year, and around 1 million of these visits are for slip and fall accidents.
Many slip-and-fall accidents are preventable and occur due to hazardous property conditions. Some of the most common causes of slips and falls in Las Vegas hotels and casinos include:
- Wet floors without caution signs
- Uncleaned liquid spills
- Uneven flooring and torn carpet
- Trips caused by obstructions in walking paths
- Parking lot falls caused by holes or cracked pavement
- Poolside slips and falls on slick surfaces
Shuttle Bus Injuries
Most of the popular Strip casinos offer shuttle bus transportation between the airport, hotels, and casinos. Injuries can happen if the driver gets into an accident. In addition, passengers may be vulnerable to slip and fall accidents if there is debris, spills, or luggage in the aisles.
If passengers are injured due to negligence, such as a traffic accident caused by the driver or an unaddressed slip and fall hazard, the casino could be held liable for damages.
Food Poisoning
Casino guests have their choice of a wide variety of food options, including restaurants, buffets, fast food options, and room service. If food is not prepared according to sanitary guidelines and guests end up getting food poisoning as a result, those affected could have grounds for legal action.
Assault
Casinos are obligated to provide strong security measures that keep guests safe from the risk of violent crime. If a casino visitor is injured in an assault due to negligent or insufficient security, the casino could potentially be held liable in a premises liability lawsuit.
Falls From Chairs
Chairs at slot machines, table games, and poker tables are used virtually 24/7, which results in a good bit of wear and tear. Casinos are obligated to regularly inspect chairs and other equipment to ensure that they are safe for use, and to replace chairs that have broken down. If a casino patron falls due to a defective chair and suffers serious injuries, they could have grounds for a premises liability claim.
Swimming Pool Accidents
Pool parties are one of the most popular Vegas activities during the summer. Hotels with swimming pools are obligated to ensure safe conditions for guests and visitors.
Several types of hazards could put these guests and visitors at risk of swimming pool injuries:
- Negligent lifeguards putting guests at risk of drowning
- Slippery tiles
- Defective pool equipment
- Overcrowding
- Unbalanced swimming pool chemicals
Elevator and Escalator Accidents
When escalators or elevators malfunction, hotel and casino guests can suffer serious or even fatal injuries. This makes regular maintenance key. Many hotels and casinos rely on elevator manufacturers or third-party maintenance companies for this maintenance.
If an elevator or escalator malfunctions and guests are injured, those guests could have grounds for legal action. A personal injury claim could be filed against one or more parties, depending on whose negligence contributed to the accident. These parties could include the hotel, the manufacturer, the maintenance company, or a combination of these parties.
How Can a Las Vegas Hotel and Casino Injury Attorney Help?
Hotel and casino guests who have been injured due to negligence may have grounds for a premises liability claim against the property owner. Most people in this situation hire an experienced hotel and casino injury attorney for legal guidance.
An attorney can provide invaluable legal counsel throughout the process of filing a lawsuit. Some of the main duties of a hotel and casino injury attorney include:
- Gather video surveillance footage of the accident
- Obtain a copy of the casino’s accident report after filing a lawsuit
- Deal with hotel and casino risk management teams
- Negotiate settlements with hotels and insurance companies
- Consult with a healthcare professional for a review of medical records
- Acquire hotel and casino records to search for similar accidents
Is it Okay For Me to Speak With the Hotel After My Injury?
Yes – in fact, you should report your injury to hotel management, as this can protect your legal rights. If your injury was caused by negligence and you want to file a personal injury claim against the hotel, documentation will be critical during the legal process.
However, be mindful of what you say to hotel staff members. It is best to report the accident and injuries while avoiding any admissions of fault or speculation about the cause of the accident. Even if you are later found to be partially at fault, Nevada’s modified comparative negligence law states that you may still seek financial compensation, as long as you were less than 51% responsible for your injuries.
Many hotels dispatch a security officer to investigate the incident and document it through evidence like photographs and witness statements. You should request a copy of this report from management.
How Long Will My Hotel Injury Case Take to Settle?
Claims are generally settled after an attorney sends a demand letter to the insurance company for payment. This demand letter must include all relevant information and evidence related to the injuries to justify the amount requested in the settlement.
Claims are typically filed between 30 days and 60 days after the injury victim is discharged from their most recent medical evaluation. After your lawyer is provided with all relevant medical records, verification of lost income, and other documentation, they prepare and send a demand to the insurance company.
The insurance company must respond to the demand within 30 days. They must either offer a settlement or request an additional 30 days to respond to the demand. After the company has all the necessary information, it will make a settlement offer. Your attorney may make a counteroffer, and this negotiation process will continue until both sides agree on a settlement. The timeframe for this process may vary depending on the circumstances of your case.
How Long Does It Take to Get a Settlement Check?
Once a settlement agreement has been reached, the insurance company will send you a written release to sign before they issue a settlement check. After you provide the release, the insurance company usually provides the check within 10 days, but this can take up to 30 days. Once the check is deposited, the bank is allowed to hold the check for 10 days to ensure that it clears before releasing the funds.
Settlement checks are deposited into an Attorney’s Trust Account, and individual checks for clients are paid from that account. You will receive a detailed written accounting of each dollar deposited into and withdrawn from the Trust account for your settlement.
The timeframe from your discharge from your last treating physician to payment can take anywhere from 30 to 90 days depending on numerous factors. Your attorney will do everything they can to expedite the process, and you can also do so by providing all necessary documentation and signing all documents as soon as possible.
Liens for medical doctors and demands for reimbursement from health insurance companies can also contribute to this timeframe. This process typically begins at the time of discharge, once all medical bills and payments have been calculated. Doctors and insurance companies can sometimes delay this process if they refuse to return phone calls or respond to requests for accounting or reductions.
Will I Be Compensated For Time Lost at Work?
When someone suffers a personal injury due to negligence and is forced to miss time from work, their lost wages are recoverable damages in a personal injury claim. Claims for lost income are calculated by multiplying the number of hours you missed by your hourly rate.
If you were self-employed at the time of the injury, your lost income is calculated as the reasonable value of the time you lost from work or actual losses as shown by your reduced income during the time you were injured.
If you are going to seek compensation for lost income, you must request verification from your employer. At the Cottle Firm, we can provide a form for your employer, which they can sign under oath to verify the losses you suffered while recovering from your injuries.
The Hotel Wants Me to Sign a Document After Investigating My Injury. Should I Do It?
Although it is important to communicate with the hotel to report your injury, be wary of signing any documents. The hotel may ask you to sign a document that could jeopardize your chances of securing fair compensation.
For instance, they may ask you to sign a document admitting partial fault or agreeing to a settlement. In most cases, this settlement amount will be far below what you could potentially receive by filing a personal injury claim against the hotel. This is why it is best to avoid signing anything without first consulting with an experienced Las Vegas hotel and casino injury lawyer.
Can I Try to Resolve My Injury With the Hotel’s Risk Management Department?
Following a guest injury, some hotels may attempt to resolve the matter in-house through the risk management department. Although it may be tempting to agree to a settlement with this department, remember that their goal is to limit hotel liability as much as possible. This means that if they attempt to offer a settlement, it will likely be far below the true amount of damages for your injuries. Working with a dedicated Las Vegas hotel injury lawyer is the best way to fight for the full financial compensation you deserve and avoid low-ball settlement offers.
Do I Need to “Call Today?” or Can I Wait Until My Vacation Is Over?
Victims of hotel injuries caused by negligence should explore their legal options as soon as possible. Although Nevada has a two-year statute of limitations (NRS 11.190) for most personal injury claims, it is important to act quickly to ensure that your attorney can gather all necessary evidence for your claim. Your attorney will contact the casino about preserving evidence like surveillance videos and reports, which can be deleted or disposed of if you wait too long to take legal action.
How to Avoid Paying an Ambulance Bill That Was Called By a Hotel or Casino
A Las Vegas hotel might call an ambulance following your injury, but they will not pay for it or any of your other medical costs unless you take legal action against them. If you file a lawsuit and have sufficient evidence of negligence, your lawyer may be able to negotiate a settlement that covers all medical expenses and other damages related to your injuries.
If you have been injured in a hotel, you should seek medical care right away. Although the costs may not be covered upfront, they may be reimbursed if you file a successful personal injury claim for damages. Prompt treatment is key both for your health and your legal rights, as filing a claim can be more difficult if you delay medical care.
What Happens If I Still Have Pain After Treatment?
When you are discharged from your last medical appointment, you are considered to be at maximum medical improvement. This does not necessarily mean that you are pain-free: it simply means that your doctor cannot help you recover any further. If you continue to have significant pain, we advise speaking with your doctor, who may refer you to a specialist.
Medical treatment for your injuries is one of the most important aspects of your claim. You may need to undergo additional testing to diagnose other medical conditions that were not apparent immediately following the accident. All injuries must be discovered so that you can receive the medical care you need for recovery and seek the maximum compensation for your injuries.
I Don’t Live in Las Vegas. Can I Still Pursue a Claim Against a Las Vegas Hotel?
Las Vegas is one of the largest tourist destinations in the United States and many of the hotel and casino guests who suffer injuries are from out of town. Fortunately, you can still file a personal injury claim even if you are not a Las Vegas local. You simply need to seek guidance from a hotel and casino injury lawyer who is licensed in the State of Nevada.
At the Cottle Firm, many of our clients live out of state. In many cases, we can handle the legal process without our clients needing to return to the state. The only exception may be if your case needs to go to trial, but most personal injury claims are settled out of court.
I’m Not From Vegas and I Don’t Know Where to Go to Receive Care For My Injury
Prompt medical care is critical for both your physical health and your legal rights when pursuing a potential legal case following an injury at a Las Vegas hotel or casino. Seeing a doctor soon will give you peace of mind, allow for a smoother recovery, and document that the injury took place.
If you are from out of town and do not know where to go for treatment, call the Las Vegas hotel and casino injury lawyers at the Cottle Firm right away. We can help you coordinate a visit to well-regarded local medical professionals, regardless of whether you have health insurance.
Learn More From Our Las Vegas Hotel and Casino Injury Attorneys
Were you injured in an accident at a Las Vegas hotel or casino? If the accident occurred due to negligence, such as an unaddressed property hazard, you may have grounds for a personal injury lawsuit.
At the Cottle Firm, our dedicated Las Vegas hotel and casino injury attorneys help our clients fight for the damages they deserve after injuries caused by negligence. Contact us today at 702-722-6111 to tell us more about your case in a free consultation.
