Premises Liability in Casinos: What You Need to Know
Under Nevada’s premises liability laws, property owners have a legal duty to ensure the safety of individuals who enter their premises. Casinos are responsible for providing a secure environment for patrons to engage in various activities, including gaming, dining, and entertainment. If a casino fails to keep its premises safe and a patron gets injured as a result, the casino could be held liable for damages under premises liability.
Have you recently suffered an injury caused by a hazardous condition at a Nevada casino? At the Cottle Firm, our team of dedicated Las Vegas casino injury lawyers helps our clients fight for the financial compensation they need and deserve for their injuries. Get in touch with us today at 702-722-6111 to discuss your case and learn about your legal options in a free consultation.
Nevada Premises Liability Laws
According to Nevada premises liability law, casino owners and other types of property owners owe a duty of care to their patrons. This duty requires them to maintain reasonably safe conditions throughout their properties, including gaming floors, restaurants, hotels, parking areas, entertainment venues, pools, and all other areas of the property. Premises liability law requires property owners to take reasonable measures to prevent and address foreseeable hazards and dangers that could injure visitors.
Requirements for Filing a Premises Liability Claim
If a casino guest suffers an injury due to a hazardous condition, they may have grounds for a personal injury claim under premises liability. The victim and their personal injury lawyer must prove the following criteria to have a valid claim:
- There was a hazardous condition at the property
- The property owner knew or reasonably should have known about the hazard
- An accident occurred because of the hazardous property condition
- The victim suffered injuries and damages as a result of the accident
Negligence and Standard of Care
Like all other types of personal injury claims, legal claims for property injuries are based on the theory of negligence. To establish negligence, an injury victim must show that the casino breached its duty of care by failing to maintain safe premises or adequately warn patrons of known hazards.
Courts typically assess whether the casino met the standard of care expected of a reasonably prudent property owner under similar circumstances. This may involve evaluating whether the injury and accident were foreseeable, the severity of the risk, the feasibility of preventative measures, and whether the casino complied with industry standards and regulations.
Assumption of Risk and Comparative Fault
Property owners may assert various legal defenses to premises liability lawsuits. One of the most common defenses is the assumption of risk, which argues that individuals who voluntarily expose themselves to known dangers cannot hold property owners liable for resulting injuries.
Similarly, Nevada’s comparative fault law (Nevada Revises Statutes 41.141) allows courts to assign a percentage of responsibility to both the plaintiff and defendant based on the circumstances of the accident and injuries. In cases where plaintiffs were partially at fault for their injuries due to negligence or failure to exercise reasonable care, the damages they recover may be reduced proportionately by their fault percentage.
For example, if a casino injury victim is awarded $100,000 but is determined to be 20 percent at fault, their total would be reduced to $80,000. Injury victims are only eligible for compensation if their percentage of fault is less than 50 percent.
Legal Responsibilities of Casino Owners Under Premises Liability
Under Nevada law, casino owners are responsible for ensuring that their premises are safe for patrons. This includes conducting regular inspections and maintenance of the facilities and equipment to identify and address potential hazards quickly before they result in injuries. Proactive maintenance helps mitigate the risk of accidents and injuries on casino property.
Casinos are also required to implement security measures to protect patrons and staff from becoming victims of crime. This typically involves maintaining a visible security presence, including both personnel and surveillance systems, to deter criminal activity and respond to incidents quickly. Casinos should also have protocols for handling emergencies, such as medical emergencies or physical altercations, to ensure the safety of everyone on the premises.
Casino owners must adhere to regulatory standards and industry best practices governing safety and security, such as those outlined in the Nevada State Plan of OSHA. This includes complying with local laws and regulations regarding building codes, fire safety, and public accommodation.
Common Types of Casino Accidents and Injuries
Casino guests can be put at risk of various types of accidents and injuries when owners fail to meet their duty of care. Here are some of the most common casino accidents our Las Vegas premises liability lawyers see in our cases.
Slip and Fall Accidents
Slip and fall accidents are among the most common causes of casino injuries. They often result from wet floors, inadequate warning signs, and poorly maintained walkways. Determining liability in these cases involves assessing whether the casino fulfilled its duty to maintain safe premises and promptly address potential hazards. For example, if a liquid spill went unaddressed for hours and a guest suffered slip and fall injuries as a result, the casino could be held liable in a premises liability claim.
Shuttle Bus Injuries
Many casinos on the Las Vegas Strip have shuttle buses to transport guests to and from the airport and other hotels and casinos. Casino owners are responsible for ensuring the safety of these vehicles. Guests can get injured due to slip and fall hazards on bus steps, clutter and debris creating obstructions, or negligent drivers causing traffic accidents.
Falls From Gaming Chairs
Chairs on the casino floor are used heavily and must be regularly inspected and maintained to ensure that they are safe to use. Poorly maintained chairs can present a hazard, as guests can fall from them and suffer injuries. When this happens, the injured guests may have grounds for a premises liability claim against the casino.
Assaults
Casino patrons who carry large amounts of cash are at risk of being targeted for robberies. Casino owners must prepare for this risk by implementing security measures that protect guests from becoming victims of such crimes.
Food Poisoning
All Las Vegas casinos offer numerous dining options, such as restaurants, buffets, and room service. These eateries must follow the same food safety standards as non-casino eateries. If food is improperly prepared or sanitary measures are not followed, guests could suffer food poisoning and may have grounds for a premises liability claim.
What Should You Do After a Casino Injury?
Knowing how to respond after a casino injury can help protect your rights and make it easier to recover financial compensation for the damages you’ve suffered. If you find yourself injured on casino premises, consider taking the following steps:
Seek Medical Attention Immediately
Your health and safety should be the top priority after an injury. If you suffer a casino injury, promptly seek medical assistance, even if the injury seems minor at first. Prompt medical care can help ensure proper treatment and also create documentation of your injuries, which will be necessary if you decide to pursue legal action against the casino.
Report the Incident to the Casino Staff
Notify casino staff or management about the accident as soon as possible. Provide details of how the injury occurred and request that they document the incident in writing. Be sure to obtain a copy of the incident report for your records. This documentation can be used to establish the circumstances surrounding your injury if you file a personal injury lawsuit.
Gather Evidence and Documentation
Documenting the scene of the accident can strengthen your case if you decide to take legal action. Take photos of the hazardous condition or area where the injury occurred, along with any visible injuries. Collect contact information from any witnesses who observed the accident. Additionally, keep records of all medical treatment received and any related expenses incurred as a result of the injury.
Consult with a Personal Injury Attorney
After seeking medical attention and reporting the incident, consider contacting a personal injury attorney with experience in premises liability cases. An attorney can evaluate the details of your case, explain your legal options, and provide legal guidance on the best course of action. They can also communicate with the casino and its insurers on your behalf and work to secure fair compensation for your injuries and losses.
Casino Premises Liability FAQ
Can I Sue a Casino If I Don’t Live in Nevada?
If you were injured in a Las Vegas casino while visiting from out of town, you can still take legal action against the casino. At the Cottle Firm, our Las Vegas casino injury lawyers can help you file a premises liability claim even if you have already returned home. These cases can sometimes be handled completely remotely, as most premises liability claims are settled out of court. You would only need to return to Nevada if your case goes to trial.
What Damages Are Available in Casino Premises Liability Lawsuits?
In a casino injury lawsuit, the victim may recover damages for all economic and non-economic losses related to their injury, including:
- Medical bills
- Lost wages and benefits due to time missed at work
- Loss of future wages and future earning potential
- Pain and suffering
- Mental anguish
- Emotional distress
- Disfigurement
- Loss of quality of life
- Physical impairment
- Inconvenience
You can get a better idea of which damages may be available to you by discussing your case with an experienced Las Vegas casino injury lawyer.
Discuss Your Case With Our Las Vegas Casino Premises Liability Lawyers
If you have recently been injured at a Las Vegas casino, you may be struggling with a variety of personal and financial difficulties. Fortunately, compensation may be available if your injury was caused by the casino owner’s failure to keep their premises safe. To learn more about your legal options, contact the experienced Las Vegas premises liability lawyers of the Cottle Firm at 702-722-6111.
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