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While casinos in Las Vegas are designed for amusement and luxury, sometimes they contain risks. With millions of people visiting Las Vegas casinos each year, accidents are bound to happen. If you have been injured at a casino in Nevada, you may be entitled to compensation for your injuries.
You may be wondering if you are able to file a lawsuit against a casino. The answer for many people is yes. However, the process can be complex, so you need a Las Vegas casino accident lawyer fighting on your side who knows the rules, procedures, and arguments to help you get what you deserve.
Our guide on how to file a lawsuit against a casino breaks down common injuries, helps in understanding the relevant laws your case may be subject to, explains the damages you may be entitled to, and more.
If you’ve been injured at a casino, don’t go it alone. Call the law offices of Adam S. Kutner for a fighter on your side who will aggressively litigate your case. Remember, all of our consultations are free and we don’t get paid unless you do.
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Common Casino Injuries: Know What To Look Out For
There are a number of injuries at casinos that are all too common, including bruises, cuts, broken bones, and worse.
Some of the most common incidents include:
- Stairway accidents: Incidents with stairways can be caused by loose handrails or unperformed maintenance, uneven stairs, torn or improperly installed carpet, and more. All can lead to dangerous falls.
- Wet floors: Wet floors cause dangerous falls every year. Unmarked freshly mopped floors or spills without warning are often the cause.
- Poor lighting and obstructions: Bad lighting and obstructions in public walkways can often cause injuries, including falls.
- Elevator and escalator accidents: Accidents involving elevators and escalators can be among the worst injuries we see. Improperly maintained facilities are often the culprit.
- Slips and falls: These may include falling in the shower from inadequate railings, falling due to inadequate lighting or obstructed walkways, falling because of jostling in a crowded space, and more.
- Pool injury: Pool injuries can happen due to slippery floors, improperly maintained facilities, and lack of proper supervision.
Other injuries may be caused by:
- Food poisoning
- Falling debris
- A traffic accident in a parking lot
- Assault and battery from another patron
- Toxic chemical exposure
- Poor sanitation
- Faulty and malfunctioning equipment, such as slot machines
What Are Some of the Popular Surrounding Casinos in Las Vegas?
There are more than 60 casinos in Las Vegas, and even more than that in the state of Nevada. Some of the most popular Las Vegas Strip casinos include the Bellagio, MGM Grand, Caesars Palace, Harrah’s, Durango, Luxor, and many more.
If injuries happen at any of these casinos or their associated hotels and grounds, victims may be able to pursue what is called a “premises liability lawsuit.” These kinds of lawsuits recognize that the owner of a property has a duty to maintain a safe environment for guests and the public. If they don’t, and someone is injured, they may be liable for damages.
It may sound intimidating to sue big casinos, but don’t worry. They are responsible for their property, just like anyone else, and they are subject to the same laws. This is where the law offices of Adam S. Kutner can help.
Our team has decades of experience in premises liability lawsuits, including taking on the big casinos for people just like you. We’re not intimidated by them and neither should you be.
With the right team, you can win.
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Can You Sue a Casino for Falling?
Yes, absolutely. You can sue a casino for falling. In fact, it’s one of the most common injuries that happen at casinos. All businesses, including casinos, have a duty of care toward their patrons and the public. In many respects, they are responsible for what happens to you on their property.
To receive compensation from the casino, you must establish that they were negligent in caring for their property and that negligence contributed to your injury.
Understanding Nevada Casino Liability Laws
According to Nevada law, casinos and other public accommodations have a duty to maintain a safe environment for patrons and the public. This means that their facilities must be regularly inspected, maintained, and repaired to provide an environment that is free from hazards.
In Nevada, even if you are partially at fault for an injury or accident, but the casino operator was negligent, you can still receive damages. This is known as the “doctrine of comparative negligence.” You must be less than 50% at fault for the accident in order to receive compensation.
To win an injury lawsuit in Nevada, you’ll have to prove four things:
- The casino or associated property had a duty of care.
- That duty of care was breached, often through negligence.
- You suffered injuries as a result.
- Those injuries necessitate recompense.
Steps one, three and four are often fairly easy to prove. Proving the casino was negligent is often much more difficult. That’s where Adam S. Kutner, Injury Attorneys, can help.
What Should I Do If I’m Injured in Las Vegas?
The first thing you should do is seek medical help immediately. Safety first. You should also notify the staff of the establishment of what happened to keep others safe and file an incident report with the venue, if possible.
You should document your injuries in any way you can, including through photos or video, through medical records and receipts, and any other means that may be available to you.
If possible, you should also document the scene of the accident or have someone document it for you. If there was a broken handrail, for example, you should take photos. If possible, you should also collect any statements or contact information from witnesses that may have seen the injury or witnessed any negligence.
Remember to preserve all evidence. You want to hang onto any receipts from medical bills, your stay at the property, any communication with the casino, and even any transportation you might have undertaken associated with the injury. Try to get anything and everything in writing.
Do not sign anything from the casino or their associates, especially attorneys who work for the casino. Casinos or their employees may attempt to get you to sign a waiver for your injuries. They may even offer you money. Our advice is to not sign anything as you may be unwittingly signing away your rights.
Finally, call a Las Vegas casino injury attorney like us. We are your best chance at getting proper compensation for the negligence of others.
How To File a Lawsuit Against a Las Vegas Casino
Here are the steps to filing a lawsuit against a casino:
- Seek medical attention and inform staff of your injury: As always, safety first. Inform the staff of the casino you have been injured, file an injury report, if possible, and collect all medical documentation.
- Document evidence: If possible, make evidence of your injury. Take video of or photograph the scene, gather contact information and statements from witnesses, and save any medical reports.
- Contact an attorney: Once you are safe and medically stable, the most important thing you can do is contact an attorney that can help you navigate the collection of evidence in your case, as well as help you understand the Nevada legal system.
- Attorney investigation: Once you have contacted an attorney like Adam S. Kutner, they will look at any evidence you may have and start an investigation to determine the best course of action.
- File a complaint: Once an investigation is concluded, your attorney will file a formal complaint with the casino seeking damages.
- Negotiate for a settlement: After the complaint has been reviewed by the casino, they will either accept it and pay damages, or they will reject it.
- If no settlement is reached, you’ll go to trial: If a negotiation cannot be reached, your case will head to trial. At the trial, your attorney will present the evidence of the case and argue on your behalf. Your attorney is your representative, and works for no one else but you.
- Enforce judgement: If you are awarded a judgement, it will be enforced by the state of Nevada, and you will receive compensation for your injuries.
How Do You File a Lawsuit Against a Hotel in Las Vegas?
The best way to file a lawsuit against a hotel in Las Vegas is through the same process as above. In this area of the law, casinos and hotels are treated as similar entities. They both have a duty to their patrons and the public, and if that duty was breached and caused injury, you may be entitled to compensation.
Always, it is best to contact a Las Vegas hotel accident attorney. The Nevada legal system can be complex, and a good attorney can help you navigate it, while gathering and presenting the strongest evidence possible for your case.
Remember, when you work with the lawyers at Adam S. Kutner, Injury Attorneys, we don’t make a dime unless you do. There is absolutely no harm and no fee for a consultation.
What Damages Can I Recover in a Casino Accident Claim?
In general, there are two types of damages you may be able to recover if you’ve had an accident in a casino: economic damages and non-economic damages.
In layman’s terms, economic damages are things you can count and have a direct number attached that can be assigned by the court. These are things that include medical bills, transportation, and lost wages from the accident, including future wages you may have earned if you were not injured.
Non-economic damages are harder to attach a number to, but are real nonetheless. These damages are less tangible than economic damages, but play no less part in an injury case against a casino. They include damages for things like pain and suffering, emotional anguish, anxiety due to the accident, etc.
Can You Sue a Hotel for Emotional Distress?
In many cases, yes, you can sue a hotel for emotional distress. Emotional distress often falls under personal injury law. The same burden of proof is necessary as above. You must show the hotel had a duty of care, that duty was breached, you suffered because of it (in this case emotional distress), and you deserve compensation.
How Long Do You Have To File a Lawsuit Against a Casino?
In Nevada, you typically have two years from the time of the injury to file a personal injury lawsuit against any hotel or casino. If you don’t contact an attorney and fail to file during this time, you may lose your case. In legal terms, this time limit is called the “statute of limitations.”
The sooner you contact an attorney, the better. Don’t wait and lose on a technicality. In addition, evidence can become lost or damaged over time, weakening your case.
Speak to a Las Vegas Casino Injury Attorney Today
If you have been injured in a Las Vegas casino, call the law offices of Adam S. Kutner, Injury Attorneys, today. Our award-winning team will review your case to see how we can help you get the justice you deserve.
There is no harm in calling. We do not make a dime until you are paid. There are no fees unless we win, and our consultations are absolutely free.
Call (702) 382-0000 For a Free Consultation
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Adam S. Kutner reviews and testimonials
“I needed an attorney because I couldn’t deal with the accident on my own, so I needed someone else’s opinion about my accident.
Well I heard about Adam Kutner through an associate of mine and I chose to seek him because I heard of him before also, so I thought he would be the best option for me.
I was very happy with my settlement and it came quicker than I thought, in just a couple months I received a check in the mail.
When I recommend Adam Kutner I would tell them that the settlement comes very quickly, and he is very helpful with transportation and whatever else you may need.”
– Deborah Banks. 5/5 Stars
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 34 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.
