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Knowing Your Rights After a Casino Slip and Fall Accident
Victims of Las Vegas casino slip and fall accidents have the right to sue the casino and pursue a personal injury claim for medical costs, lost wages, pain and suffering, and other damages.
However, as a personal injury lawyer in Las Vegas for over 20 years, I know that a Las Vegas casino will fight to the end against claims, especially slip and fall claims. So to increase the chances of you winning your case and recovering a settlement, document the accident scene, obtain surveillance footage, and file a claim before Nevada's statutory deadline expires.
Also, to verify that you have a valid claim, confirm that the property owner owed you a legal obligation maintain a safe environment and breached that obligation by creating or ignoring hazardous conditions, such as wet floors, slippery surfaces, or other dangers.
Determining Responsibility in a Casino Slip and Fall Accident
Finding who is liable for the injuries and damages you sustain in a slip and fall is a process, as casinos often outsource hotel lobbies, restaurants, or bars to separate operators, and each has a duty to keep the space safe.
So to determine liability in a slip and fall in a casino, you must:
- Find who owed you a duty of care.
- Prove that they breached that duty through a negligent act.
Assessing the Casino's Duty of Care
In Nevada, a casino's duty of care obligates it to keep its premises safe for patrons. This responsibility requires regular inspections, prompt removal of hazards, and visible warning signs, especially on wet or uneven floors. When a casino neglects these reasonable precautions, it breaches its duty and becomes liable for resulting injuries under Nevada premises-liability law.
Establishing the Presence of a Hazard
When proving negligence after a slip and fall, first prove the casino owed you a duty to maintain safe conditions. Next, show a breach of duty by showing an uncleaned spill, broken floor, dim lighting, or any other element that created a tangible hazard.
Document the hazard with photos, gather witness statements, and obtain the casino's incident report, then show that the breach directly caused your injury and seek compensation.
Calculating Potential Compensation in Casino Slip and Fall Cases
Calculating the compensation you may recover after a casino slip-and-fall requires assessing medical expenses, lost earnings, pain and suffering, and future care needs. As a Las Vegas personal injury attorney, determining the worth of my client's case is one of the most important parts of my job, so I ensure I do a good job through:
- Considering past and future medical expenses.
- Evaluate how much my client earns from their job and any bonuses they should have received.
- Taking into account the mental and physical suffering.
Medical and Rehabilitation Expenses
To properly calculate the cost of medical treatment for your injury, obtain immediate medical care and records regarding your injury, as it will establish its severity. Keep all current treatment receipts for doctor visits, hospital stays, medication, and physical therapy, as these receipts will be used to track your medical expenses before filing.
Once you reach maximum medical improvement (MMI), you can file your claim, but if you can not reach MMI before filing, be sure to work with medical experts and your attorney to determine the cost of any future medical bills.
Lost Income and Future Earning Capacity
In a personal injury lawsuit, you'll be able to recover lost wages and loss of future earning capacity if your injuries lead to you being unable to work or reduce your working ability.
Courts and insurance companies will assess damages for lost income based on your employment history, bonuses available to you, and potentially missed promotions.
Pain, Suffering, and Emotional Distress
Nevada law allows slip and fall plaintiffs to recover pain and suffering and emotional distress damages. These non-economic damages are reflected in lasting aches, anxiety, and grief.
While non-economic damages are harder to prove than economic damages, they can be proven through therapy notes, medical records, a detailed injury diary, family statements, and brain scans. Having an experienced Las Vegas slip and fall attorney who understands premises liability laws can help ensure your non-economic damages are properly accounted for.
Immediate Steps to Take After a Slip and Fall in a Las Vegas Casino
If you experience a slip and fall accident in a Las Vegas casino, take the following steps:
- Alert casino management and obtain the incident report
- Document the scene and gather witness contact details
- Obtain a medical evaluation
- Seek legal representation from a Las Vegas law firm
Personal injury cases, especially those stemming from slips and falls, rely on taking the correct steps.
Reporting the Incident to Casino Management
Find the casino management immediately to describe the fall and the area where it occurred. Request that they file an official accident report and obtain a copy for your case. Avoid signing any waivers, agreements, or statements before consulting a lawyer, as unreviewed documents may limit your rights.
Gather Evidence and Witness Statements
After reporting the incident to management, document the accident scene by contacting the casino's security for surveillance footage and by taking photos of the dangerous condition before the casino tries to cover it up. Also, for a strong case, obtain statements from witnesses and any dangers they may seen, such as uneven surfaces or slippery floors.
Secure Medical Attention
Even if you slip and fall and sustain a minor injury, it's highly recommended that you seek medical attention. As slips and falls are notable for hidden injuries that become apparent later, such as:
- Traumatic brain injuries
- Fractures
- Internal bleeding
Consult with a Lawyer and File a Claim
Once you complete the necessary immediate steps, start the process for your slip and fall claim by setting up a free consultation with a Las Vegas lawyer.
However, do not wait to take legal action, as the Nevada statute of limitations (NRS 11.190) gives you only 2 years starting from the date of the accident to file a slip and fall lawsuit.
Obtain the Compensation You're Entitled To
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
