Role of Surveillance Footage in Las Vegas Casino Premises Liability Claims

Overview of Nevada Casino Premises Liability Law

Like many states, premises liability holds property owners responsible for injuries that patrons suffer at their establishment. In Nevada, property owners, including casino operators, are held to a high standard of care for ensuring their visitors or invitees are safe throughout the premises.

Under NV Rev Stat § 41.515, casinos have a legal duty to:

• Regularly inspect the casino for hazards.
• Promptly repair hazards, like broken tile floors, stairwells, and other fixtures.
• Provide adequate warning about dangers that are not obvious.
• Implement reasonable security measures that protect patrons from criminal acts.

If the casino owner fails to maintain this duty of care, they could be held negligent and liable for injuries that visitors sustain on their property.

Why Surveillance Footage Is Critical in Casino Injury Cases

Surveillance cameras can help both casino owners and visitors in the event of an injury. Security cameras provide a real-time look at the incident, helping to pinpoint fault and liability.

As a globally recognized city, Las Vegas uses some of the most sophisticated private surveillance networks, commonly referred to as the “eye in the sky.” These surveillance cameras are typically fixed on elevators, casino hallways, and main areas, covering gaming floors, lobbies, restaurants, and pools.

If you’ve been injured in a casino in Las Vegas, your injury may have been caught on camera. Getting a copy of this footage is critical because the footage can help:

• Provide a clear visual that captures the incident.
• Establish the hazard and point to fault/liability.
• Allow for time-stamped documentation of the event.
• Help combat false accusations.
• Help demonstrate the severity of the injury you suffered.

Types of Casino Incidents Where Surveillance Footage Is Especially Important

Not all premises liability cases are the same, as some accidents will yield more severe injuries than others. Some of the types of casino incidents where surveillance footage is especially important include:

• Slip-and-fall cases.
• Injuries sustained in an event that was not witnessed by others.
• Injuries resulting from inadequate security, which allowed a criminal assault to take place.
• Malfunction of facility fixtures, such as stair railings, elevators, and escalators.
• Accidents involving swimming pools, spas, and other water features.
• Injuries resulting from fallen objects, like decor or building fixtures.

How Surveillance Footage Can Help – or Hurt – Your Casino Premises Liability Claim

Surveillance footage can act as a double-edged sword because while it can prove your claims, it can also highlight other realities that may be open to interpretation.

Surveillance footage helps in that it can show when a clear hazard has been allowed to exist before resulting in your injury. It can also show that casino owners failed to properly warn or take action to remedy this hazard.

On the other hand, surveillance footage can hurt your case if it shows your actions contributed to the accident as well. Whether you ran into a restricted area or were visibly intoxicated, surveillance footage will capture all the details.

Nevada Rules on Casino Surveillance Retention and Why Acting Quickly Matters

There are no specific mandates for how long business owners should keep copies of security footage on hand, but most businesses have short retention policies. Often, businesses have a standard in place that records over old footage every 30 to 90 days.

Because of this, it’s important to act quickly if you’ve been injured in a casino. Getting in contact with the casino owner and obtaining a copy of the surveillance footage can be essential to your case. Additionally, speaking with an attorney can help you get the ball rolling so that you can obtain this footage.

How To Request and Preserve Casino Surveillance Footage After an Injury

To preserve casino surveillance footage, you must act quickly and proceed with the following formal process:

• Formally notify the casino through a spoliation letter that is sent via certified mail. This letter should be sent to the casino’s legal department or risk management team. It is an official form of putting the casino on notice that you have pursued a claim and would like to have surveillance footage of the incident preserved.
• File an incident report with casino security and obtain a copy of the report.
• Identify camera locations and pass this information onto your attorney, as it allows them to request the correct footage.

An experienced premises liability attorney can help you move through this process, work to ensure footage is preserved, and help you build a strong case against liable parties.

Proving Negligence With Surveillance Video in Nevada Casino Cases

The process of preserving surveillance footage is essential to proving negligence. Your legal team will use the footage to prove that negligence has occurred.

Some ways they do this are by:

• Analyzing the timeline to determine how long a hazard was present.
• Providing evidence that casino staff disregarded the hazard.
• Establishing that the accident was a foreseeable and anticipated danger.
• Proving causation, the notion that the casino’s failure to act reasonably is linked to your injury.

Casino Defenses

Casinos have hefty legal teams that will fight back against your claims. It is to be expected that casinos will either minimize your claim or dismiss it altogether. When convincing security footage is involved, that allows your attorney to begin the negotiation process.

Comparative Negligence

Even if you are at fault for your accident, Nevada comparative negligence laws (NRS 41.141) allow you to pursue a claim if you were 50% or less at fault. The damages you can recover are limited by your percentage of fault. For example, if you are found to be 40% at fault for your accident, you are able to recover 60% of total damages.

Practical Steps for Injury Victims in Las Vegas Casinos

After an injury in a Las Vegas casino, you might feel uncertain or unsure of what to do next. No matter the extent of your injury, the following steps can help you better understand and take control of your legal rights after an accident.

Here’s what to do:

• Seek medical help immediately after your injury. This ensures that any visible or undetected medical issues are treated promptly and appropriately. Additionally, seeking medical care establishes a medical record, which will link your injuries to the accident, further bolstering your case.
• Report the incident to casino management through a written report and be sure to obtain a copy of the report.
• Document everything by taking photos of the hazard, your injuries, and the overall scene. You can also obtain contact information for any witnesses, as well as the information of staff who were onsite when the accident happened.
• Avoid making statements, including detailed recorded statements, to casino insurance representatives without having your lawyer present.
• Contact an experienced Las Vegas premises liability injury attorney to fully understand your legal rights as you proceed.

Why Work With Adam S. Kutner, Injury Attorneys, on Casino Surveillance Cases?

At Adam S. Kutner, Injury Attorneys, our team of dedicated personal injury attorneys is well-versed in Nevada premises liability law and has helped countless victims like you recover comprehensive casino injury settlements after an accident on someone else’s property.

With dedicated expertise and aggressive negotiation on your behalf, our team is ready to support you throughout the entirety of your legal process. From establishing liability to securing compelling security footage, our team is here to help you build a strong case against all liable parties involved.

You have nothing to lose and everything to gain when you call our team to schedule your free case evaluation. Get in touch today to learn more about your legal rights and options if you’ve been involved in a Las Vegas casino injury.

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