Imagine the following: You’ve been looking forward to a vacation in a fancy Las Vegas hotel and casino. But then suddenly your vacation is tragically interrupted by a jarring injury. You’ve slipped and fallen over some liquid on the casino’s marble-like floors. Or perhaps you’ve broken a bone or two when some faulty or improperly maintained plumbing caused liquid to accumulate in your hotel bathroom. Now, instead of enjoying the vacation you’ve looked forward to and saved up for, you’re in the emergency room. This is certainly not how you imagined how your get-away would look like.
We also know how an injury can change your life. The medical bills are accumulating, but you can’t work because of your injuries. What do you do? The first step is to call an experienced Las Vegas personal injury attorney to discuss your case. The experienced and award-winning personal injury attorneys at D.R. Patti & Associates can help. We’re more than just Las Vegas car accident attorneys. We’ve represented thousands of people who’ve been injured in a hotel or casino in Las Vegas. Over the course of our combined 50+ years of experience, we’ve obtained millions of dollars in compensation for our injured clients.
Of course, a hotel or casino is not responsible for every injury that occurs on their premises. A Las Vegas personal injury attorney with experienced in hotel and casino injuries can discuss the facts of your case and let you know whether you have a viable claim. If the injury could have been reasonably foreseen and prevented by reasonable precautions, then the hotel or casino may be negligent and responsible for your injuries. In Nevada, a business such as a hotel or casino owes its patrons a duty to keep its premises in a reasonably safe condition for use. Sprague v. Lucky Stores, Inc., 109 Nev. 247, 250, 849 P.2d 320, 322 (1993). Injuries in Las Vegas hotels and casinos as a result of the business’ negligence fall under the category of premises liability.
For example, spilling a drink on the casino floor is an event that is foreseeable, given how many people drink in the casino. If the spill occurs in an area that would be made slippery because of the liquid, then the casino can reasonably anticipate that someone could be injured if the liquid is not cleaned up quickly. If the casino does not have procedures in place to catch and quickly clean up such spills, then the casino could be negligent.
Another example is when a person trips and falls over worn out or improperly maintained carpeting that has become a hazard. We had one case in which a client tripped over a carpet that a casino duct-taped together.
Injuries can also occur in hotel rooms and other areas in the hotel, such as common area bathrooms, or in elevators. If these injuries were foreseeable and could have been prevented by proper maintenance, then the hotel could be liable for your injuries. Hotel injuries can also arise from improperly maintained, broken, or defective furniture.
What To Do If You Are Injured In A Las Vegas Hotel or Casino?
SEEK MEDICAL ATTENTION if necessary. Not all injuries from accidents will be obvious immediately. If you have some pain, get checked out by a doctor and use your health insurance. Do not rely on getting reimbursed by the hotel or casino or waiting for it to offer to pay for your medical bills, as most business will not agree to pay for your medical bills before you make an official claim with proof or documentation of injury. Delaying medical attention could not only be dangerous to your health but also to your personal injury case.
NOTIFY THE HOTEL OR CASINO IMMEDIATELY.
If the hotel or casino is not notified immediately of the slip and fall accident so that they can conduct some investigation that the slip and fall accident did in fact occur, they may deny your claim. A denial is more likely if you have no witnesses to verify that the accident occurred. Make sure an incident report is completed and that you are provided a copy. The absence of an incident report, particularly when there are no witnesses, could be fatal to a slip and fall case.
TAKE PICTURES OF WHAT CAUSED YOUR ACCIDENT.
Do not rely on the hotel or casino taking photographs of what caused your accident and injuries. Also, even if the hotel or casino took photographs, the business or its insurance company may not provide a copy of those photographs, videos, or incident report until they are forced to do so during litigation.
ASK THE HOTEL OR CASINO TO PRESERVE AND/OR GIVE YOU A COPY OF ANY VIDEO OF THE ACCIDENT.
While hotels and casinos have video cameras throughout their property, those video cameras do not necessarily catch every event happening in the hotel or casino. Additionally, it would be far too burdensome for hotels and casinos to record and maintain the video recordings of every minute their business was open. Thus, unless the hotel or casino is notified of the accident immediately, it may not retain a copy of the video of the event, even if the accident was caught on camera.
GATHER WITNESS NAMES AND CONTACT INFORMATION.
Again, you cannot rely on the hotel or casino gathering all of the witnesses’ names and contact information or giving you that information without having to file a lawsuit. Ask the witnesses what they saw or heard. Witnesses may include the names and contact information of the business’ employees who may have been in the area.
What Is The Deadline To Bring A Personal Injury Claim For An Accident In A Hotel or Casino?
The only hard deadline for asserting a personal injury claim arising from an accident in a hotel or casino in Las Vegas is Nevada’s statute of limitations. This statute requires those injured as a result of someone’s negligence to bring a lawsuit within two (2) years of the accident. See Nev.Rev.Stat. 11.190(4)(e). However, injured victims shouldn’t wait until the 2-year statute of limitation is almost up, as evidence can be lost during that time. It’s important to act as quickly as possible.
Call D.R. Patti & Aassociates, Las Vegas Personal Injury Law Firm, For a free consultation. We will explain your legal rights and duties, and we fight to get you the maximum recovery for your injuries and losses.