Casinos are exciting, stimulating places that constantly vie for your attention with lights, smells, and sounds. Sadly, slip and fall injuries occur when areas are not properly lit, maintained, or marked for hazards. If you’ve been injured because of a lack of safety measures in these establishments, you can seek compensation for your injuries.
Clear Counsel Law Group is well aware of the stakes involved in casino slip and fall cases. Experienced slip and fall attorneys utilize their keen understanding of the legal system to ensure that negligence doesn’t go unchecked. They offer strategic legal counsel to assist in the aftermath of a fall, and help you get back to your life.
Duty of Care
Casinos must provide a safe environment, ensuring guests are not exposed to unnecessary risks. They have an inherent duty of care to their guests, which requires them to maintain a safe environment and minimize the risk of slip and fall accidents. Essentially, they need to consider the risks and show signs that they dealt with problems or considered where problems might occur and warn guests ahead of time.
Cleanliness is paramount. Casinos must implement and adhere to regular cleaning schedules. This is not just about aesthetics but safety too. Floors need to be dry and free from slippery substances. Spills must be promptly addressed, and wet floors should be marked with caution signs until they are completely dry.
Visibility plays a critical role in ensuring guest safety. Adequate lighting needs to be present in all areas, from hallways to bathrooms to entryways, to ensure that guests can see where they are going and notice any potential hazards. Clear signage is also crucial. Warning signs should be visible in areas where guests might not immediately notice a risk, such as freshly cleaned floors or steps leading to a different level.
Maintenance is a continuous obligation. Casinos must perform routine checks and timely repairs of all facilities, especially those that directly impact guest safety. Loose carpeting, broken tiles, or defective equipment must be fixed without delay. By proactively maintaining their property, casinos not only ensure the safety and satisfaction of their guests but also uphold their legal responsibilities, mitigating the risk of liability for accidents that could have been prevented.
Negligence to Protect occurs when casinos neglect their duty of care. Failing to address unsafe conditions can cause slip and fall accidents, for example. Such negligence to protect guests and visitors from harm can result in legal liability if it directly leads to an individual’s injury.
Premise Liability
Premise liability is a legal concept typically used to determine who is responsible in the event of a slip and fall accident within a casino. This has two features, the duty of care and the responsibility to the category a person fits into. Understanding these categories can shed light on the casino’s level of responsibility.
- Invitees/Guests: These are individuals who are either directly or indirectly invited to the premises, such as casino guests. The casino owes these individuals the highest duty of care. It must ensure that the environment is safe and must conduct regular inspections to identify and rectify potential hazards. If a guest slips and falls due to the casino’s failure to maintain safe conditions, the casino can be held liable for any injuries sustained. This high level of duty includes fixing known dangers and warning guests about them until they are fixed.
- Trespassers: While casinos have limited duty to trespassers, they are still prohibited from willfully causing harm to them. For instance, the casino cannot set traps that could harm a trespasser. However, if a trespasser slips and falls, the casino may not be held liable unless it can be proven that the casino engaged in gross negligence or intentional misconduct. In a casino the areas that move an invitee to a trespasser must be clearly marked.
- Licensees: Licensees are individuals who have the casino’s permission to be on the property but are there for their own reasons, such as salespeople or utility workers. The duty owed to licensees is to warn them of non-obvious dangers that the casino is aware of. If a licensee is injured because they were not informed of potential risks, the casino can be held liable.
In the event of a casino slip and fall accident, establishing the status of the injured party is crucial. Casinos must navigate these relationships carefully, as the level of legal duty varies. An injured party should seek legal advice from a personal injury attorney to determine if the casino’s failed in their duty of care at the time of the accident.
Why Hire a Slip and Fall Attorney?
Hiring a casino slip and fall attorney can make all the difference for victims seeking to understand premises liability. Legal advice and knowledge are only part of what a seasoned attorney brings to a case.
Experts: An experienced slip and fall attorney has a network of industry experts at their disposal. This includes safety specialists and forensic investigators, who can provide critical testimony and evidence about safety standards and breaches thereof. This expertise is essential in proving negligence and establishing liability.
Expertise: Lawyers familiar with slip and fall cases bring a wealth of knowledge regarding legal precedents, state-specific statutes, and the nuances of legal. Their track record in handling similar cases can illustrate their strategic advantages in court or settlement negotiations.
Expenses: A compassionate slip and fall attorney offers to cover up front costs and works on contingency, meaning they only make money if the case is successful. They also guide you through the legal process in a cost-effective manner, helping to manage expenses by avoiding unnecessary procedures or filings and streamlining the process to expedite a settlement or court decision.
Increased Settlements: Legal expertise, coupled with strategic negotiation skills, often leads to increased compensation awards. Attorneys understand the value of claims and argue for maximum compensation for medical expenses, lost wages, pain, suffering, and other damages.
Ultimately, a slip and fall attorney can be a valuable ally, armed with resources and knowledge to advocate for your rights. They work for your best interests, enhancing the outcome financially and legally.
Causes of Casino Slip and Falls
Identifying the causes of casino slip and fall incidents is critical to prevention and vital for legal action. Accidents occur in two main arenas: public and private. Each offers different challenges and needs to be addressed in particular ways.
- Public Areas: Slip and fall incidents frequently occur in high-traffic communal spaces such as casino floors, hallways, or around restaurant entrances. These spaces may have hazards like wet floors, uneven carpeting, or poorly maintained surfaces.
- Private Areas: Within the more private confines of a casino, such as employee only areas or VIP areas, slip and fall risks still persist. Hazards can include slippery bathroom tiles, inadequate lighting, or obstacles: furniture, discarded objects, or electrical cords.
Both public and private areas in a casino carry the potential for accidents, underscoring the importance of vigilant maintenance and safety practices.
Types of Slip and Fall Injuries
Injuries from slip and fall incidents vary widely. They also affect victims in the short term and long term. Understanding the nature and severity of injuries is important to gauging the recovery process and impacts compensation.
Type
- Bruises and Contusions: These are often the mildest forms of injury, resulting in tenderness and discoloration of the skin.
- Sprains and Strains: Ligament, tendon, and muscle injuries that can cause pain, swelling, and reduced mobility.
- Cuts and Lacerations: Open injuries that may require stitches and carry a risk of infection.
- Fractures: Broken bones range from simple fractures that may heal with casts to complex ones requiring surgical intervention (pins, plates, and reconstructions).
- Head Injuries: Includes concussions, which can cause symptoms like headaches or dizziness. And more serious traumatic brain injuries (TBIs).
- Spinal Cord Injuries: Potentially leading to paralysis or other neurological impairments.
- Dislocations: Joints being forced out of position, extremely painful and frequently require medical intervention to correct.
Severity
- Immediate Effects: Can include pain, bleeding, shock, and immobilization, necessitating urgent medical attention.
- Long-Term Effects: May involve prolonged physical therapy, surgery, chronic pain, or permanent disability, impacting a person’s ability to work and their quality of life.
Communicating with Insurance
Insurance companies often have entrenched procedures that extend the claims process, making it challenging for individuals to reach a satisfactory resolution promptly. Experienced casino slip and fall attorneys develop strategies for working with insurance adjustors to keep the process on track and working for your benefit.
- Fighting Claim Delays: Insurers may use delaying tactics, hoping claimants will settle for less out of desperation or exceed the statute of limitations, invalidating their claim. Legal tactics to counter this include setting and enforcing deadlines for responses, submitting complete and thorough documentation, and, if necessary, leveraging the threat of legal action to keep the process moving.
- Proving Injury: Insurance companies require conclusive proof of injuries to process claims. This involves gathering comprehensive medical records, expert testimony, and clear evidence linking the injuries to the incident. Failure to document injuries meticulously can result in a reduction or denial of the claim.
- Attorney Negotiation: Attorneys advocate effectively for their clients, articulating the extent of the injuries, the impact on the client’s life, and the justification for the settlement demanded. Slip and Fall attorneys also recognize common lowballing tactics and know how to counteract them, aiming to secure compensation that fully covers the client’s damages, including medical expenses, lost wages, and pain and suffering.
Statute of Limitations
In Nevada, the statute of limitations for personal injury claims is typically two years from the date of the incident, mandating prompt action to secure legal recourse. This critical legal framework sets the maximum time after an event a claimant has to start legal proceedings.
What To Do After a Slip and Fall
Following this checklist can help preserve the integrity of your case and enhance your chances of a favorable outcome.
- Immediate Medical Care: Immediately after a fall, seek medical attention. This action is dual-purpose: it initiates your physical recovery and creates a medical record that documents your injuries, which is vital for any future claim.
- Documentation: Record all details pertaining to the fall as soon as possible. This includes the time, location, conditions that led to the fall, and any witnesses. If possible, take photos of the location and your injuries.
- Shoe Preservation: Save the footwear you were wearing when the fall occurred, without altering their condition. These could be critical in demonstrating the accident’s circumstances, like indicating the presence of a slippery substance.
- Hire a Slip and Fall Attorney: Before making any statements to insurance companies or the property owners, consult with an attorney who knows slip and fall cases. They can provide essential guidance and protect your interests.
- Don’t Talk About Your Slip and Fall: Avoid discussing the incident or your injuries with friends, family, or on social media until you have legal representation. Such conversations can inadvertently undermine your case.
- Follow-Up Exam: Subsequent doctor’s visits are important to monitor your injuries. Detailed medical records from these exams can provide evidence of the severity and progression of your condition over time.
Components of Case Value
In slip and fall cases, the value of a claim is affected by several critical factors.
Liability: This establishes if the casino was responsible for the unsafe conditions that led to the fall. Concrete evidence that the casino knew or should have known about the danger yet failed to address it can greatly strengthen the claim and potentially increase the settlement amount.
Injuries: The extent of injuries sustained plays a pivotal role in determining claim value. The severity of the injuries, corroborated by medical records, directly influences the amount of compensation. More serious injuries typically lead to higher medical bills, longer recovery times, and greater compensation.
Non-economic Compensation encompasses damages that are not financial but still have a profound impact on the victim’s life. This includes pain and suffering, emotional distress, and loss of enjoyment of life. These damages are subjective and vary greatly, but they are an important component of the claim’s value, acknowledging the full spectrum of the victim’s suffering.
Types of Slip and Fall Hazards
Identifying slip and fall hazards within casinos can prevent accidents and ensure guest safety. Constant vigilance is important to foster public trust.
Trips often occur due to displaced carpeting or obstacles left in walkways that are not immediately obvious to guests. Unsecured rugs or mats can also be culprits in these types of incidents.
Stumps can be caused by unexpected architectural features that require stepping up or over. These include objects such as steps or changes in the floor level that are not clearly marked or illuminated.
Step and Falls refer to accidents that occur due to poorly maintained or designed staircases and holes where an unknown downward step leads to an injury. Missing steps or those in disrepair can lead to severe missteps and falls. Divots and cracked flooring are also issues.
Slips are common on surfaces that have been polished or cleaned but remain wet without adequate warning signs. Bathrooms, lobbies, and food courts are particularly prone to such hazards if not properly maintained with appropriate non-slip flooring and hazard signage.
Rise Up After a Casino Slip and Fall
If you’ve been injured in a slip and fall accident at a casino, stand up for your rights with the compassionate attorneys at Clear Counsel Law Group. Our slip and fall attorneys know the laws governing Nevada’s glittering entertainment palaces, and we’re committed to fighting for you. Don’t gamble with your future; let us advocate for the compensation you deserve.