Hotel Liability in Las Vegas: Holding Negligent Property Owners Accountable

Understanding Hotel Liability and Premises Liability Law in Nevada

Under premises liability law, property owners, managers, and tenants can be liable for injuries that occur on their premises due to negligence.

Negligence requires proof of these four elements:

• Duty of care
• Breach of duty
• Causation
• Losses

Hotel guests are considered invitees, which means a hotel owes them the highest duty of care. Invitees are people who are present on a property for the benefit of the property owner or occupant.

It’s important to note that anyone visiting the casino, restaurants, or bars is an invitee. Even tourists who are not necessarily patronizing any of the hotel’s services are considered invitees.

The duty to protect guest safety falls to the property owner, but it also applies to any party that has control over the premises, including tenants, contractors, and vendors.

Examples of these parties include restaurant operators, janitorial or housekeeping services, and security companies. Multiple parties can share liability for an accident.

When a breach of duty happens, the victim will need to show that the breach directly caused their injuries. They’ll also need to demonstrate they suffered losses that can be addressed through compensation.

You should anticipate that the hotel and its insurers will devote massive resources to defending their actions after an injury. These corporations hire strong defense teams. You’ll need skilled legal representation to balance the scales in your premises liability case.

Common Causes of Las Vegas Hotel Injuries

Hotels and their tenants are required to reasonably inspect their premises for hazardous conditions, warn guests of hazards, and repair or reasonably improve the dangerous conditions.

This applies to all public spaces, including:

• Hotel rooms
• Hallways
• Restrooms
• Bars
• Restaurants
• Casino floor
• Lobby
• Parking lot

When Nevada hotels fail to keep their properties safe, guests can suffer injuries in the following ways:

Slip-And-Fall Accidents

Falls are a leading cause of accidental injury and death in Las Vegas. Falls can occur when hotels don’t maintain clear walkways. Importantly, hotels are liable for both acts, such as putting objects in pathways that can trip guests, and omissions, such as failing to fix torn carpets or burned-out light bulbs.

Drowning Accidents

Hotels must reasonably maintain their pool facilities, including testing the pool water for dangerous chemicals and pathogens. They must also warn guests of hazards, such as shallow areas and slick surfaces.

Additionally, they should have a lifeguard on duty or warning signs that there is no lifeguard, depending on the size and occupancy of the pool.

Negligent Security

Hotels may be liable for third-party acts against guests. Hotels should control access to guest areas and reasonably patrol their premises. They should also have policies for ejecting unruly or intoxicated guests posing a danger to others.

When properties fail to provide reasonable security, guests may suffer assault, robbery, sexual assault, or other criminal acts.

Other Dangers

Preventable injuries can come in many forms, including food poisoning, bed bugs, and electrocution. Guests can fall on faulty escalators or get trapped in defective elevators. Fires can cause burns and smoke inhalation.

Types of Injuries Suffered in Las Vegas Hotels

Traumatic and violent hotel accidents can cause both physical and emotional trauma. Losses from both types of trauma provide the basis for injury compensation.

Injuries common in hotel accidents include:

Fractured Bones

Bone fractures typically result from blunt trauma, such as falls and assaults. Fractured bones often require several weeks to heal and several months of physical therapy.

Soft Tissue Injuries

Soft tissue injuries, including bruises, joint sprains, and muscle strains, cause pain, swelling, and stiffness. Lacerations can result in blood loss and scars. Serious soft tissue injuries may require surgery and leave permanent disabilities and disfigurement.

Head Trauma and Brain Injuries

Facial trauma can permanently alter your appearance or damage your vision or hearing. Worse yet, head injuries may damage the brain, leaving you with temporary or permanent brain damage that produces cognitive, physical, and emotional symptoms.

Back Injuries

Back injuries can range from muscle strains to herniated discs. Back injuries often produce dislocations or swelling that can damage the spinal cord. Spinal cord injuries can produce symptoms that radiate into the limbs, including pain, numbness, or even paralysis.

Death

Accidents can produce fatal injuries. According to the Centers for Disease Control, accidents are the third-leading cause of death in Nevada. Fatal falls, drownings, burns, and electrocutions can all occur on hotel property.

Recovering Damages in a Hotel Accident Case

The compensation for injured hotel guests covers both economic and non-economic losses. Economic damages encompass the financial impact of your injuries, such as medical costs, lost wages, diminished earning capacity, out-of-pocket expenses, and property losses.

Non-economic damages attempt to quantify how your injuries have affected your quality of life. Pain, suffering, disability, and disfigurement are types of non-economic losses.

Punitive damages are rare in personal injury cases. However, they may be sought in cases involving gross negligence or intentional actions.

Our hotel injury attorneys can calculate the full compensation you’re entitled to under Nevada law.

Important Steps To Take After a Hotel Injury

After an injury on hotel, casino, or resort property, take the following steps:

• Seek immediate medical care and keep records of all treatments.
• Report the accident to the police and hotel management.
• Gather the contact details of any witnesses and involved staff.
• Document the accident scene with photos and videos before the hotel can alter, clean, or repair the hazard.

The hotel’s legal team or its insurer may also contact you for a recorded statement. They may ask you to sign a release or waiver or even offer a quick settlement. You should contact a lawyer before signing any documents or accepting any payments to ensure that you fully understand your legal rights.

How Our Las Vegas Hotel Accident Lawyers Can Help

Adam S. Kutner, Injury Attorneys, has served hotel and casino accident victims in the Las Vegas Valley for over 35 years. We have the experience to quickly identify and recover evidence after your injury, including surveillance footage, inspection logs, and maintenance records. Our team can build a strong case to give you the best chance of obtaining a settlement or a favorable verdict.

When you hire us, you won’t have to worry about upfront costs. We work on a contingency fee basis, so you only pay when we win or settle your case. With the right legal support, you can recover what you deserve after an accident.

Contact us to explore your options with our compassionate team today.

Hotel Liability in Las Vegas FAQs