The recent death of a 37-year-old man in a Las Vegas hotel room has raised questions about the responsibility of hotels and resorts for their guests. Las Vegas draws millions every year. Many arrive with plans to unwind or recover. However, what happens when a guest checks into a hotel in obvious distress and is left alone without help? Who’s responsible when hotel staff see warning signs and do nothing?
When someone dies in a hotel room under suspicious or preventable circumstances, it often leaves their family grappling with loss and searching for answers. In Nevada, hotels and resorts have a legal obligation to their guests that goes far beyond offering clean sheets and a stocked mini fridge.
At George Bochanis Injury Law Offices, we understand the toll that the unexpected loss of a loved one who was visiting Las Vegas may cause. If hotel staff could have, or should have, prevented your family member’s death, contact our law offices to discuss your options with our wrongful death lawyer. Call 702-388-2005 today for a free initial consultation.
Hotels Have a Duty of Care to Their Guests
Under Nevada law, hotels and resorts are held to a legal duty of care. As such, they must take reasonable steps to ensure the safety of their guests – not just in public areas like the lobby or pool, but in private rooms as well.
When a guest is clearly unwell, such as slurring speech, stumbling or visibly disoriented, staff aren’t allowed to just look the other way. If a hotel knows, or should know, that a guest is in medical distress and fails to act, it’s not just poor customer service. It could rise to the level of negligence.
The 37-year-old man who recently died fell seriously ill while trying to board a flight home from Harry Reid International Airport. After medical personnel briefly assessed him at the gate and noted his elevated blood sugar, they allowed him to refuse hospital transport – despite signs he may not have been capable of making an informed decision. He was sent back to the Aria Casino hotel in an Uber. Hotel staff watched him fall while exiting the vehicle and were told of his medical condition, yet still issued him a new room key without further assistance.
The duty of care owed by Las Vegas hotels to guests isn’t just limited to preventing slip-and-fall accidents. It can extend to responding, or failing to respond, when a guest appears to be in a medical emergency.
When Failing to Act Becomes Negligence
Negligence happens when someone fails to do what a reasonable person would have done under the circumstances, and someone else is harmed as a result.
In the context of a guest dying under preventable or questionable circumstances in a hotel room, the analysis of whether a hotel was negligent often comes down to three questions: did the hotel know or have reason to know the guest was in distress? Was it foreseeable that the guest could suffer serious harm without help? Did the hotel take any steps to assist the guest or call for medical attention? If the answers to these questions paint a picture of indifference, the hotel may be held legally responsible for the outcome.
The man who recently died at the Aria Casino Hotel was helped upstairs to his room by hotel security. However, he was left alone, despite showing visible signs of distress. Nearly 14 hours passed before anyone entered the room, and staff only checked on the man after his wife raised alarms from London when he failed to arrive home as scheduled. His cause of death was diabetic ketoacidosis, a condition that’s treatable and preventable when addressed in time.
The Role of Foreseeability in Hotel Liability
Foreseeability plays a role in determining liability. Hotel staff don’t need to be, and aren’t expected to be, doctors. They don’t need to diagnose conditions or predict the future. However, if a guest is clearly disoriented, vomiting, unconscious, or behaving unusually, it’s reasonable to foresee that the person may need help.
Las Vegas hotels often deal with guests who are intoxicated, jet-lagged, or simply overwhelmed by the heat. If someone shows signs of a more serious medical issue, however, and hotel staff take no action, the consequences can be fatal.
Failing to respond can also mirror other patterns of hotel negligence. For instance, when hotel security fails to prevent or respond to serious incidents, the resulting harm—whether from violence or medical inaction—can leave the hotel open to legal action.
Wrongful Deaths in Nevada Hotels
In Nevada, surviving family members may bring a wrongful death lawsuit when a loved one dies due to another party’s negligence. To this end, they may take action against corporations and businesses, like hotels and resorts, that fail to take reasonable steps to prevent foreseeable harm.
To successfully recover damages in a wrongful death claim, the decedent’s family must show:
- The hotel had a duty to act
- The hotel breached its duty to act by ignoring signs of distress or failing to call for help
- The hotel’s breach of duty directly contributed to the person’s death
- The decedent and their family suffered damages due to the injury and resulting death
Families may seek to recover damages, including compensation for funeral expenses, loss of companionship, and other financial and emotional losses stemming from the wrongful death.
Following his death, the wife of the man who died at the Aria Casino Hotel, along with her two young sons, have filed a wrongful death lawsuit in Nevada’s Eight Judicial District Court. Seeking undisclosed damages, the family alleges the defendants all made serious failures that, taken together, led to the man’s death. According to the complaint, the decedent could have survived if one of the parties had taken proper action – whether during the airport medical encounter, when he returned to the hotel in clear distress, or even later that night.
What Should Hotels Do When a Guest Appears Unwell?
Every hotel should have a protocol for handling medical emergencies involving guests, visitors, or staff. These protocols should include training front desk and housekeeping staff to recognize signs of distress and calling emergency services when a guest appears seriously unwell. Hotels may also require staff to document interactions or complaints of unusual behavior by guests, as well as to follow up if a guest is visibly struggling, even if behind a closed door. As was the case with the recent death of the man at the Aria Casino Hotel, doing nothing could cost someone their lives.
Unfortunately, this isn’t the first time Las Vegas hotel safety has come under scrutiny. From panic-inducing security failures to preventable deaths, these incidents underscore how vital proper protocols and staff training are when it comes to protecting guests.
Holding Hotels Accountable
While families may seek to recover damages for the wrongful death of loved ones in Las Vegas hotel rooms, there are sometimes major hurdles to these cases. One of the most substantial of these is proving what the hotel knew, and when. Surveillance footage, staff logs, 911 call records, and witness statements can all play a role in building the timeline and showing the hotel had a chance to intervene.
The lawsuit filed by the family of the British man who died at the Aria Casino Hotel names multiple parties, including the Aria Resort. It also names MGM Resorts International, the resort’s parent company, as well as the hotel’s security contractor, the private ambulance company involved, and the two medics who briefly assessed the man at the airport.
Hotels in Las Vegas often do not handle these claims quietly. Rather, their insurance teams and lawyers are experienced with downplaying responsibility and shifting blame. For example, they may argue the guest refused help, didn’t look that bad, or contributed to their own condition.
In such cases, working with an experienced Las Vegas wrongful death lawyer can be essential. An attorney can demand internal hotel records, interview staff and third-party witnesses, work with medical experts to establish causation, and make sure the family’s voice is heard. If you’ve lost a loved one who was staying at a Las Vegas hotel and believe the resort may bear liability, contact George Bochanis Injury Law Offices. We will review the circumstances of your loved one’s death, and explain your options. For a free initial consultation to learn more about your rights, contact our law offices today at 702-388-2005.
