The sprawling casinos and luxurious hotels of Las Vegas are designed to be dazzling, but beneath the glamour can lie hidden dangers. Under Nevada law, these establishments are considered property owners and have a legal duty to keep their premises in a reasonably safe condition for their guests. When they fail in this duty and a guest is injured in a slip, trip, or fall, the casino or hotel can be held financially responsible for the resulting damages through a premises liability lawsuit.
Proving Negligence in a Premises Liability Case
Simply falling in a casino is not enough to have a valid claim. The key to a successful case is proving that the property owner was negligent. This means demonstrating one of the following legal elements:
- The property owner or one of their employees caused the dangerous condition (e.g., a staff member mopped a floor but failed to put up a "wet floor" sign).
- The property owner or an employee knew about the hazard but did nothing to correct it (e.g., management was aware of a leaky ceiling but didn't fix it or rope off the area).
- The property owner or an employee should have known about the hazard through reasonable care and routine inspection (e.g., a spilled drink remained on a busy walkway for an unreasonable amount of time).
This third point is often the most crucial and the most contested. A casino can't be expected to clean up every spill the second it happens, but they are expected to have reasonable procedures for inspecting and cleaning their floors.
Critical Steps to Take Immediately After a Fall
Casinos have sophisticated surveillance systems and risk management teams whose goal is to minimize the casino's liability. To protect your rights, you must act quickly:
- Report the Incident: Do not leave the property. Report your fall to the nearest security guard or manager immediately. Insist that they create an official incident report and ask for a copy.
- Document the Scene: Use your phone to take pictures and videos of the exact location and the specific hazard that caused you to fall. Do this before it is cleaned up or repaired. Capture the scene from multiple angles.
- Identify Witnesses: Get the names and contact information of anyone who saw you fall or saw the dangerous condition before your fall.
- Seek Medical Attention: Get checked out by a medical professional right away, even if you don't feel seriously injured. This creates a medical record linking your injuries to the fall.
- Do Not Give a Recorded Statement: Do not speak to the casino's risk management or insurance representatives without first consulting with a personal injury attorney.