You’ve probably heard the phrase “What happens in Vegas, stays in Vegas.” While that might be a good tagline for an advertising campaign, it isn’t quite so true when people get hurt. If you are injured in a Las Vegas casino, you may be able to sue the casino for your injuries.
Just like any other property owner or occupier, casino owners owe their patrons and other visitors a duty of care to maintain their premises in a reasonably safe condition. If they fail to maintain their property appropriately, you could file a lawsuit against them. Through a personal injury claim, you may seek financial compensation for your full range of injuries, including lost wages, medical expenses, pain and suffering, and more.
Suing a casino for injuries may seem daunting. But with the help of an experienced personal injury law firm, you can take on even the biggest casino – and get the money that you deserve for your losses. At a free consultation, you can learn more about your rights and options for pursuing legal action against a casino.
What Types of Accidents May Happen at a Casino?
Although Las Vegas casinos tend to have extremely high levels of security, they aren’t immune from problems. Accidents can happen anywhere. If the casino was negligent in some way and you are hurt as a result, you can file a lawsuit against the casino.
A person may get injured at a casino in any number of ways, including:
- Slip and fall in the casino
- A fall in the casino parking lot
- Intentional assault by a third party due to negligent security (not having enough security guards)
No matter what may have happened, if you are hurt in a casino accident, you may be able to seek money for your full range of losses.
Under Nevada law, property owners must maintain their premises in a reasonably safe condition, and warn others of hazards that are not obvious. To win this type of lawsuit, known as a premises liability claim, you must prove three things:
- There was a dangerous condition on the premises;
- The property owner or tenant knew or should have known about the condition; and
- The dangerous condition caused your injuries.
In addition, you must be able to demonstrate that you were legally permitted to be on the premises. This may include being on the casino grounds as a guest, for work (such as making a delivery) or otherwise legally at the casino. Property owners, including casino owners, generally do not have a duty of care to trespassers.
Casino patrons are considered “invitees” under Nevada personal injury law. As such, they are entitled to the highest standard of care from casino owners. For invitees, property owners don’t just have a duty to fix problems that come to their attention, but to proactively look for problems to prevent them whenever possible.
If you suffer a casino injury, a skilled Las Vegas personal injury attorney will typically start the process of suing a casino by sending a demand letter to the casino’s insurance company. This letter sets out the facts of the case, the legal reasons why the casino is responsible, and makes a demand for compensation. This usually starts a negotiation process, where the casino’s insurance company makes a counteroffer and each side goes back and forth until a settlement is achieved.
While most personal injury cases settle outside of court, there may be situations where your personal injury lawyer will need to file a lawsuit against the casino and its insurer. Even after a lawsuit is filed, however, the negotiations typically continue.
In a lawsuit for a fall accident or other type of accident at a casino, you may be entitled to compensation for your full range of injuries. This may include things such as:
- Lost wages
- Reduced earning capacity
- Medical bills
- Future medical care
- Scarring and disfigurement
- Pain and suffering
- Emotional distress
The value of your case against a casino will depend on a number of factors, including the nature and extent of your injury.
What Should You Do After a Casino Injury?
If you are hurt while visiting a casino, there are several steps that you can take to increase the chances of a successful legal claim.
Get Medical Help
First, and most importantly, you should seek medical attention immediately, even if you do not think that you are badly hurt. Getting treated by a doctor will help to establish the link between your accident and the injury, and it will also allow you to get a prompt diagnosis so you have a better chance of recovering fully.
Report the Accident or Injury
If you are able to do so, report the injury to casino management. Write down the name of the person that you spoke to along with the day and time, and ask for a copy of the injury report.
Although cameras are not allowed in many areas of casinos, if you can, try to take a picture of whatever caused your injury – such as a loose rug or broken tile – and your injuries. If you can’t snap a picture of your injuries, you may ask the medical personnel to do so for you.
Avoid Speaking with Casino Personnel
Avoid making any statements to casino employees other than the simple fact of what happened. Don’t say that you are sorry or say that the accident was your fault. Remember that anything that you say to the casino and its staff could be used against you.
Similarly, do not accept any offer from the casino, like a free night’s stay or credits to play the slot machines. This could be construed as a settlement of your claim. Even if the casino is offering you a lot of money or other compensation, say no – remembering that you don’t know the full extent of your losses yet and that your case could be worth much more.
Speak with an Attorney
Finally, schedule a free consultation with a skilled Las Vegas premises liability lawyer. There, you can learn more about your legal rights and what options you may have for pursuing an insurance claim against the casino. Most personal injury law firms handle these types of cases on a contingency fee basis, which means you won’t pay anything up front, and will only pay a fee if you recover money.
How Long Do You Have to Sue for a Casino Accident?
In most Nevada personal injury cases, you have 2 years to file a lawsuit against a casino for injuries suffered there. This is known as the statute of limitations. If you fail to file a claim within that time period, your claim may be barred entirely.
There are some exceptions to this 2 year statute of limitations. If you are hurt in a casino accident, the best course of action is to reach out to a Las Vegas personal injury lawyer as soon as possible.
Can You Sue a Casino After a Fall?
You may be able to sue a casino for falling, depending on the facts of your case. Generally, casino owners owe their patrons a duty of care to not just fix problems, but to be on the lookout for issues that may arise. If you fall because the casino escalator is damaged, for example, you may be able to file a claim against the casino for your injuries.
There are some situations where a guest at a casino falls and the casino is not liable. The best way to learn about the possibility of suing a casino for your injuries is to schedule a free consultation with a Las Vegas personal injury attorney.
What’s the Average Payout for a Casino Slip and Fall?
When it comes to casino injuries, there isn’t really an average payout or case value. That’s because each case is unique, and the value of your claim depends on a number of factors, like the culpability of the casino, the extent of your injuries, and the type of injuries that you suffered. For example, if you fell at a casino and suffered a traumatic brain injury that left you permanently disabled, you will likely recover much more money than if you fell and twisted your ankle and were better in a few months.
Working with a Las Vegas slip and fall lawyer can maximize your recovery. Your attorney will thoroughly examine the facts of your case, research the law, and then put together a strong argument for full compensation.
How We Can Help
Whether you are in Vegas for a vacation or are a local spending time on the Strip, getting hurt in a casino can be incredibly overwhelming. In addition to dealing with medical bills and emotional trauma, you may be despondent, thinking that there is no way that you can take on a casino. A personal injury attorney can help to level the playing field and allow you to fight for fair compensation for your injuries.
Since 2004, Cap and Kudler has represented clients in Las Vegas and the surrounding areas who have been hurt in all types of accidents – including at casinos. Our law firm is dedicated to helping people like you get the most money possible for their injuries. To learn more or to schedule a free consultation with a Las Vegas slip and fall attorney, give us a call at 702-878-8778 or fill out our online contact form.