Las Vegas is one of the largest tourist destinations in the United States, as the city received over 38 million tourists in 2022. Along with vacation visitors, the city hosts countless guests who visit for conventions and other professional events. Naturally, both visitors and locals alike spend considerable time in the city’s many casinos.
With so many people moving through these casinos, ensuring that the properties are safe is vital. While most casino visitors return home without any major problems, sometimes preventable accidents occur at Las Vegas hotels and casinos due to negligence.
If you have been injured at a Las Vegas casino because of negligence, you may have grounds for legal action to recover financial compensation for your medical bills, lost wages, and other damages related to your injuries. At the Cottle Firm, our Las Vegas hotel and casino injury lawyers help both locals and tourists seek the compensation they deserve. Contact us today to learn more about your legal options.
Common Accidents in Las Vegas Hotels and Casinos
When casino owners and staff members fail to keep casino and hotel properties in safe conditions, guests may end up suffering injuries in preventable accidents. Here are some of the most common causes of injuries in Las Vegas hotels and casinos.
Slips, Trips, and Falls
Casinos and hotels have a ton of foot traffic, as thousands of visitors move through these properties each day. The owners of these properties have a legal duty to ensure that there are no hazards that could result in slip or trip and fall accidents. When a hazard does arise, it needs to be addressed promptly to protect casino visitors and hotel guests.
Some of the most common hazards that cause slip and fall accidents in Las Vegas properties include:
- Liquid spills
- Wet floors in bathrooms
- Broken stairs and railings
- Inadequate lighting
- Torn carpeting and broken floor tiles
- Broken pavement in parking lots and sidewalks
Food Poisoning
Casino guests eat countless meals at restaurants, buffets, and fast food eateries located on casino properties. Like any other type of eatery, practicing proper sanitary measures is crucial.
If food is improperly prepared or these sanitary measures are not followed, diners are at risk of becoming ill due to food poisoning. When this happens, the guests may have grounds for legal action against the casino.
Assaults
Strong security measures are essential in casinos. Many guests carry large amounts of cash, which puts them at risk of robbery, assault, and other crimes. Casinos have a legal duty to provide adequate security measures that protect guests from these crimes, such as security guards, proper lighting, and video surveillance.
Transportation Accidents
Many Las Vegas properties offer transportation to other destinations on the strip. Drivers of shuttle buses have the same legal responsibilities as any other motorist. If a shuttle bus is involved in a motor vehicle accident due to negligence by the driver and passengers are injured, those injured passengers may have grounds for legal action.
When Can a Casino Be Held Liable For Injuries?
A casino can be held liable for injuries to guests and visitors if the casino’s negligence was to blame for the injuries. Casinos owe a legal duty of care to all property visitors, which means that they are legally obligated to ensure the property is in safe conditions and free of foreseeable hazards that could cause injuries. When a casino fails to meet this legal duty of care, it may be considered negligent and held liable under the legal principle of premises liability.
Casinos may be held liable for negligence by employees or other guests, depending on the circumstances of the accident and injuries.
Negligence by Casino Employees
According to Nevada law, a casino may be considered liable for injuries caused by their employees in two situations.
First, Nevada’s “respondeat superior” law states that employers can be held indirectly liable for negligence by an employee if the employee was acting within the normal scope of their employment duties and someone was injured as a result of this employee’s negligent actions. However, if the injuries happened due to actions outside of the scope of typical job duties, such as an employee assaulting another guest, the casino may not be considered liable.
Second, Nevada casinos and hotels can be held liable if an employee injured a guest because the casino negligently hired, retained, or supervised an employee. For example, the casino could be held liable for failing to conduct a background check that would have shown a history of violence, for allowing an employee to remain on staff when there was evidence that the employee was dangerous, or for failing to adequately supervise the activities of employees.
Negligence by Casino Guests
According to Nevada Revised Statute 651.015, the casino may be held liable for injuries caused by other guests if the harm was foreseeable and the casino failed to exercise reasonable caution to prevent the accident. For instance, the victim of an assault and robbery on casino property may have grounds for a lawsuit against the casino if there was a history of other crimes on the property and the casino failed to take action to improve security.
How Can a Personal Injury Lawyer Help After a Casino Injury?
If you have been injured at a Las Vegas hotel or casino, you should consider speaking with an experienced Las Vegas casino injury lawyer. Although you have the right to pursue legal action on your own, there are numerous benefits to working with a lawyer.
A lawyer can evaluate the circumstances of your case and help you determine if you have grounds to file a personal injury claim against the casino based on negligence. Your lawyer can investigate the case for evidence of negligence, answer any questions you may have, and make a recommendation based on the circumstances of your accident and injuries. In addition, they can determine which parties were negligent for your injuries, which could include the casino or third parties.
A Las Vegas casino injury lawyer can also guide you through the insurance claims process. Filing a lawsuit is not the first step, and most injury cases will involve filing a personal injury claim with the casino’s insurance provider. These insurance companies are big businesses that look to minimize payouts and maximize their profits, and you may need an experienced personal injury attorney on your side who understands how to deal with these companies.
If the insurance company is unwilling to offer a fair settlement based on the damages you have suffered, you may need to file a personal injury lawsuit. Your attorney can also guide you through each step of this process, from gathering evidence to negotiating a settlement and representing you in court if the case goes to trial.
Las Vegas Hotel and Casino Injury FAQ
How Much Can I Recover in a Las Vegas Casino Injury Lawsuit?
If you file a successful personal injury claim or lawsuit for injuries suffered at a Las Vegas casino or hotel, the total amount of financial compensation awarded will depend on the damages you have suffered.
Your personal injury lawyer will negotiate with the casino’s insurer to arrive at a fair settlement that takes all relevant damages into account, such as your medical bills, lost wages from missing work, loss of earning potential for permanent injuries, pain and suffering, emotional distress, and all other economic and non-economic damages you have faced as a result of your injuries.
Can I File a Casino Injury Lawsuit If I Was Partially At Fault?
In some Las Vegas casino injury cases, both the plaintiff and defendant may be deemed negligent. Fortunately, Nevada has a modified comparative negligence law, which means that you may still seek financial compensation as long as you were not deemed to be 50% or more responsible for your injuries. For example, if a court determines that you were 30% responsible for your injuries, you could still file a personal injury claim.
However, your total award will be reduced based on your percentage of fault. So if you are awarded a $100,000 judgment but were 30% at fault for your injuries, this judgment would be reduced to $70,000.
How Long Do I Have to File a Lawsuit For Hotel and Casino Injuries?
If you were recently injured at a Las Vegas hotel or casino, it’s important to take legal action quickly. Nevada has a two-year statute of limitations for personal injury claims and you will need to file your claim within two years of the date that you suffered your injuries. If you wait for more than two years, you will not be able to seek financial compensation.
Contact Our Las Vegas Hotel and Casino Injury Lawyers
Suffering a serious personal injury can cause major economic and non-economic difficulties. If you or a loved one was recently injured at a Las Vegas casino or hotel property, the team of experienced Las Vegas hotel and casino injury lawyers at the Cottle Firm is here to help. Contact us today to learn more about how you can recover financial compensation for your injuries.
Related: Premises Liability in Casinos: What You Need to Know