Accidents in Hotels, Shops, and Boutiques

Understanding Premises Liability in Nevada

Premises liability in Nevada refers to a property owner’s responsibility to ensure they maintain a reasonably safe environment for their guests and customers. 

When a person is injured due to a dangerous or hazardous condition on the property, and the owner should have known or knew about it, and failed to take steps to fix or warn guests and customers, they can be held liable for any injuries because they failed to provide a duty of care.  

The duty of care owed will vary based on whether the individual was an invitee, licensee, or trespasser as follows:

• Invitees: Invitees are individuals who are invited onto the property, such as hotel guests or a shop’s customers. 
• Licensees: Licensees are individuals who have the owner’s consent to be on the property for their own benefit.  
• Trespassers: These are individuals who access a property without permission from the property owner. 

Generally, property owners have a duty of care for invitees and licensees, but not trespassers. However, there are exceptions, and in specific situations, property owners must also provide a duty of care to trespassers.

Common Causes of Accidents on Commercial Premises

• Slippery floors, including spills, wet entryways, and recently mopped areas
• Uneven flooring, torn carpets, loose tiles
• Poor lighting in stairwells, parking lots, or corridors
• Falling merchandise, slot machines, ceiling tiles, lights, or displays
• Lack of warning signs for hazards
• Negligent security leading to assaults
• Defective stairs, railings, or elevators
• Food poisoning 
• Defective furniture, such as a TV falling off a wall or a bed collapsing

Accidents in Retail Environments: Shops and Boutiques

Apart from the casinos, many people visit Las Vegas, Reno, and other cities for the great bargains and deals found at different shops and boutiques. 

Some of the more common accidents that occur in retail environments are:

• Slip-and-fall incidents: Spilled drinks, recently mopped floors, leaking coolers, wet floors from rain, uneven flooring, and cluttered aisles all can contribute to a slip-and-fall shop injury. 
• Falling objects from shelves: Unsecured merchandise, pallets, or improperly assembled shelving can cause objects to fall.
• Tripping hazards: Uneven floorings, ripped carpeting, and unsecured electrical or video cords can cause people to trip and get injured, resulting in shop accident negligence. 
• Parking lot accidents: Low lighting, poorly maintained parking lots, and inadequate security can lead to this type of retail store injury claim. 

Seeking Compensation for Boutique Accidents

Boutique accident compensation consists of both economic and non-economic damages, which could include:

• Medical expenses
• Lost wages
• Prescription costs
• Rehabilitation costs
• Mental health treatment costs
• Pain and suffering
• Loss of consortium/companionship
• Personal property damages

Hotel Accidents: Understanding Your Rights

When you are injured at a hotel in Nevada, you have certain legal rights. Most resorts will be quick to act in an attempt to resolve the issue, as they don’t want the negative publicity. They might offer to cover your immediate medical bills, comp your hotel stay, and offer free food or gift cards. However, they will want you to sign away your legal rights, so you cannot seek further compensation you could be entitled to receive. 

Common Hotel Hazards

• Accidents in hotel gyms, spas, shops, and restaurants
• Elevator or escalator malfunctions
• Slip and falls in lobbies, hallways, pools, bathrooms, and casino floors
• Injuries from defective furniture and fixtures in the rooms
• Falls from loose railings and handrails 
• Swimming pool accidents, such as improper maintenance or lack of a lifeguard
• Inadequate security
• Assaults from drunk guests who were overserved by hotel staff

The Role of Negligent Maintenance in Premises Liability

Hotels have a duty of care to maintain their properties in reasonably safe conditions. They also need to take the appropriate steps to warn guests of potential hazards, like putting out wet floor signs when mopping. When a hotel fails to do this, they can be held liable for any resulting injuries. 

Some examples of potential hazards at a negligent hotel include:

• Broken handrails and loose railings
• Torn carpeting
• Broken and uneven flooring and pavement
• Faulty equipment
• Lack of proper lighting in stairwells, hallways, and other common areas
• Broken furniture and fixtures in the rooms

Navigating a Hotel Slip-And-Fall Lawsuit

In order to file a hotel slip-and-fall lawsuit, you need to follow these steps:

• Seek medical care and treatment
• Gather evidence, such as pictures, videos, and witnesses’ contact details
• File an accident and injury report with the property owner
• Consult with a hotel slip-and-fall injury lawyer
• Have your lawyer file a claim with the hotel’s insurance company
• Your lawyer will negotiate with the insurance company to secure a favorable settlement
• Your lawyer will litigate the case at trial if a settlement cannot be reached

Addressing Hotel Injury Medical Bills

Initially, the hotel owner or their management team might tell you to file your hotel injuries against your own health insurance, or that you will have to pay out-of-pocket yourself. However, victims are not responsible for their hotel injury medical bills as long as the hotel was negligent. Instead, the hotel’s insurance owes you compensation to cover all of your medical bills and treatment costs as long as you file a hotel negligence case.

Proving Negligence in an Unsafe Premises Accident

Proving negligence in an unsafe premises accident requires demonstrating that the property owner failed to provide a duty of care, which consists of these four elements: 

• Duty: The property owner has a legal responsibility to ensure their property is kept reasonably safe, or to warn guests of potential hazardous conditions. 
• Breach of duty: The property owner failed to maintain reasonably safe premises, or failed to warn guests of hazardous conditions. 
• Causation: The owner’s breach of duty is what led to the accident and your injuries. 
• Damages: You experienced actual financial losses and damages, such as medical bills or lost wages. 

You must prove each of these four elements existed to show the property owner was negligent, and you are due compensation for your injuries. 

Key Evidence for Your Claim

To support your claim and to prove the property owner failed to provide a duty of care, you will need key evidence, including:

• Accident or incident report
• Photos and videos of the accident scene and your injuries
• Witness statements
• Medical records
• Maintenance logs
• Security camera footage

Steps To Take After a Slip and Fall or Other Injury

• Seek medical attention immediately, even for minor injuries
• Report the incident to the property owner or their management team
• Document everything, including contact information for witnesses, photos, videos, and medical reports
• Never admit fault when filing the accident or incident report, as this could harm your claim
• Preserve any evidence, such as your clothing and personal property
• Contact a personal injury attorney as soon as possible for free legal advice

Seeking Compensation for Your Injuries

The types of damages you can recover will depend on the extent of your injuries and may include:

• Present and future medical expenses
• Lost wages and lost future earning capacity
• Travel expenses related to your claim
• Pain and suffering
• Emotional
• Distress
• Loss of enjoyment of life
• Personal property damages

Negotiating With Insurance Companies

It is vital to negotiate with the property owner’s insurance company and never accept the first settlement offer. Insurance companies will want to minimize the amount paid and will always offer the lowest possible amount, even though they make it sound like a great offer. Sadly, most insurance companies will not budge on their initial settlement offer unless you have an attorney to negotiate on your behalf. 

Additionally, you should never speak directly with the insurance company without having a lawyer present. Insurance companies are notorious for using various tactics to attempt to get you to admit fault or partial fault to minimize your settlement or even deny your claim. 

Why Choose Adam S. Kutner, Injury Attorneys?

Adam S. Kutner has over three decades of helping people receive maximum compensation for their premises liability injury claims. Mr. Kutner started his career working for the insurance companies, so he and his law firm have first-hand knowledge of all the tactics they use to minimize or deny your claim.

Our law firm is dedicated and committed to our clients, providing more than just legal representation. We provide the support and guidance you need, such as finding a physical therapist for your injury. 

Other reasons to choose us as your premises liability attorneys include the following:

• A dedicated lawyer and legal team are assigned to your case
• Frequent updates as to the status of your case
• Easily accessible to answer your questions and alleviate any concerns
• We have obtained hundreds of millions of dollars in settlements for our clients
• Best of Las Vegas Gold Winner for Best Law Firm, Best Accident Lawyer, and Best Customer Service
• Free case evaluation, consultation, and legal advice
• Aggressively advocates for our clients to ensure maximum compensation

Schedule your free consultation today.

Accidents in Hotels, Shops, and Boutiques: You Are Not Alone

After being injured in an accident in a hotel, shop, or boutique in Nevada, the property owner may make it seem like you are on your own and have no legal recourse. Even when they do take responsibility, they will want to resolve the matter quickly and quietly, often for far less than what you deserve. 

They will take advantage of the fact that you are a tourist visiting Nevada, with little to no knowledge of premises liability laws. However, you are not alone, and help is available from Adam S. Kutner, Injury Attorneys. 

Our law firm educates you about your legal rights, files your injury claim, and ensures a favorable settlement against the negligent property owner. 

Get free premises liability injury legal advice now.

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