Premises liability claims arise from injuries or death caused by hazardous or dangerous conditions on a property. If you are the victim of a casino injury, you may consider filing a premises liability lawsuit. The most common reason for filing a premises liability lawsuit is slip and fall accidents, but casinos present other opportunities for accidents and injuries to arise. These accidents can be food poisoning, broken slot machine chairs, criminal activity, contracting illnesses, or hazards from malfunctioning equipment.
Nevada Premises Liability Laws
In Nevada, property owners are responsible for keeping their facilities safe by preventing safety hazards, or correcting them if they do arise. If the owner allows dangerous or unsafe conditions on his or her property, and the conditions cause an accident, he or she may be liable for resulting injuries.
Similar to any other form of personal injury claim, premises liability cases require proof of negligence. Suffering harm on someone’s property is not enough to file a premises liability lawsuit. For a case to be successful, you will have to prove negligence.
Nevada’s premises liability laws have four requirements that you will have to prove:
- There was a dangerous condition on the premises. Dangerous conditions in a casino can include slippery or wet floors, tripping hazards, or poorly maintained equipment. If there was an unsafe condition, you can take photographs, collect surveillance videos, or use eyewitness testimony as evidence.
- The property owner or the tenant either knew or ought to have known about the dangerous condition. If the condition is open, obvious, or in plain sight, it is likely to be presumed that the owner or tenant was aware or should have been aware of it. For example, if there is a large open hole in one of the floors, it will be difficult for anyone to claim that they could not know about it.
- You suffered injuries from the dangerous condition. If you have not suffered any injuries, then you will not have resulting damages. If your injuries were from some cause other than the hazardous condition, you can’t claim compensation from someone who did not cause the injuries. You must prove that without the dangerous condition, your injuries would not have happened.
- Your injuries caused you to suffer damages. If your injuries were not severe enough to require medical attention, and you did not otherwise accrue costs as a result of the injuries, you do not have grounds to recover compensation.
In addition to these elements, you must show that you were legally permitted to be on the property. Premises liability claims arise out of the negligence of the property owner or tenant. To prove negligence, there must be a duty of care owed. A property owner is usually presumed to have a duty of care towards others on his or her property. However, property owners do not have a duty of care towards trespassers. Under Nevada law, casino patrons are considered invitees, meaning that they are permitted on the premises, and are owed a duty of care unless they have been previously prohibited from visiting the casino.
What Are Considered Dangerous Conditions in Las Vegas Casinos?
If a dangerous condition exists, it is likely that it will lead to injuries if not corrected. There are several dangerous conditions that may be present in a casino:
Slippery, Wet, or Uneven Floors
Dangerous floor conditions can be from spilled food and drinks, water on bathroom floors, floors that are wet from cleaning, or floors that are simply slippery surfaces. Floors may also not be maintained, leaving loose floorboards or carpeting, uneven surfaces, or other hazards. These can lead to slip and fall accidents, which are one of the most common causes of premises liability claims.
Poorly Maintained Equipment
There is a lot of equipment used by patrons in a casino on an ongoing basis. Whether it be elevators, escalators, or even gaming equipment, this can lead to hazards that you might injure yourself on.
Malfunctioning electrical equipment creates a fire risk. When improperly maintained equipment does cause a fire, owners may face liability in hotel fires.
Hiring Untrained or Poorly Trained Staff, or Being Understaffed
Not having sufficient staffing is an unsafe condition that can lead to any number of accidents and injuries at a casino.
One of the most serious staffing concerns is a lack of security personnel. Because of how much cash guests in a casino carry, they may be a target for criminals. If there is inadequate security, guests may face getting assaulted or robbed.
Because there is often food offered, another injury risk is food poisoning from staff not cleaning their hands or handling food properly. In other areas of a hotel, if staff do not clean properly, there is a risk of bacteria growing and thriving. This can lead to any number of illnesses. You might be at risk to contract legionnaires’ disease while at a Las Vegas resort.
How Long Do You Have to File an Injury Claim in Nevada?
Each state has a statute of limitations for each type of case that a plaintiff can file. The statute of limitations gives you a timeframe within which to file your case. If you do not file our claim within the time allotted by the statute of limitations, you lose the right to file a lawsuit, and the defendant can ask the court to throw out the case.
For a premises liability lawsuit in Las Vegas, Nevada, the statute of limitations is two years. You have two years from the time that the injury arose to file, otherwise you will lose your case. There are exceptions for cases with special circumstances.
If you have been injured in a casino, report the accident to casino staff and obtain a copy of the accident report for evidence. Then, seek medical attention and speak with a personal injury attorney who can help you file your claim as soon as possible.
