Las Vegas is a blast. If you enjoy gambling, then there is no funnier place in the world to be than Las Vegas. The lights, the sounds, the excitement, it just can’t be beat. Unfortunately, accidents can happen anywhere, and that means that your Las Vegas trip could easily turn into a bad situation real fast.
One of the more common ways that people injure themselves in casinos is by slipping and falling. We refer to these cases as slip and fall cases, but not every slip and fall is ripe for a slip and fall case. The circumstances of the slip and fall are vitally important for determining whether or not you have a case.
That’s why we’re going to start our discussion by first looking at how Nevada handles slip and fall cases. This will quickly get us on the same page as to whether your slip and fall could be the grounds for a personal injury case. Then we’ll see what type of evidence you should gather and what has to happen in order to hold the casino liable for your damages.
How Do Slip and Fall Cases Work?
A slip and fall case is a specific kind of personal injury case that falls under what is referred to as premises liability. That is, the nature of these cases depends largely on the premises where the accident happened, your reason for being on the premises, and how the premises have been cared for by those responsible. Each of these is extremely important for determining whether you have a case.
First off, the premises. If you slip and fall in your own home, then you most likely only have yourself to blame because you were the one that is supposed to take care of the premises. This may not be true if you live in an apartment building, but even then, it is more often true than not.
Your reason for being on the premises matters because you generally can’t hold somebody else responsible should you be trespassing. If you slip and fall in a casino, then chances are you were supposed to be there. But if you slip and fall in an off-limits section of the casino you weren’t supposed to be in, then you have little chance of recovering damages from the casino.
If those responsible for keeping the casino in proper shape have done so, and you slip and fall anyway, it is hard to win the case. Sometimes we are just unlucky and happen to fall. But unmarked wet floors, raised steps without warnings, and the like can all cause falls. In these cases, you have a much higher chance of holding the casino responsible for the damages you suffered.
Other important factors of Nevada’s slip and fall laws are the statute of limitations and the need for an injury. If you slip and fall but suffer no injury, then there are no damages to be recovered and thus no case to be had. If you did suffer an injury, then you have two years from the date of the injury to file a lawsuit against the casino. But it’s important to act fast following your accident, otherwise, the evidence may be lost. More on this next.
What Evidence Should I Gather After a Slip and Fall At a Casino in Las Vegas?
Gathering evidence of your slip and fall is of the utmost importance. Unfortunately, it is also extremely important to act quickly in order to gather that evidence because it is in the casino’s best interest to hide it.
Many people get focused on the noise and lights of the casino. Not much attention is paid by visitors to the walkways. Casino staff are taught that it is their duty to keep the walkways clear of spills and debris. Even a loose carpet can cause accidents. None of this is the responsibility of the customer, but it can all cause them to slip and fall.
When you slip and fall, you need to document right away because the casino will want to clean up whatever mess led to your slip and fall so that nobody else is injured.
So either you or one of your friends should immediately:
- Take photos of the accident to capture what caused the fall
- Write a note that includes the time the fall happened, as well as where it happened
- Speak to anybody that witnessed the fall to get their phone numbers or email addresses so you can use them as a witness later
- Report the incident to the casino management; this informs them that there is a problem that needs to be fixed to prevent others from being injured, but it also documents the incident through the casino itself (which can be useful when it comes to a lawsuit)
- Take photos of the incident report the casino makes, so you can prove you reported it later should they try to deny it
- Seek medical attention for any injuries you suffered, keeping in mind that some injuries don’t immediately reveal themselves
- Reach out to an experienced slip and fall attorney that can look at the details you’ve collected and give you personalized and informed feedback about what steps to take next regarding a slip and fall lawsuit
What Does It Take to Win a Slip and Fall Case At a Casino in Las Vegas?
To win a slip and fall case in a casino in Las Vegas, you need to prove that the defendant owned or controlled the premises, that you were allowed on the premises, that the dangerous condition existed on the premises, that the defendant should have known about the dangerous condition, and that it was this dangerous condition that caused the accident.
What Should I Do Next?
If you have already gotten medical treatment and documented the scene of the slip and fall, then you need to reach out to an experienced slip and fall lawyer to learn whether or not your case looks promising and whether or not they believe that you have a chance at being awarded compensation for the injuries you suffered during your trip to a Las Vegas casino.