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How to File a Lawsuit Against a Casino in Nevada
When you suffer an injury at a Las Vegas casino and seek compensation for the injuries and damages, understanding the legal process behind filing a personal injury claim is crucial so you may successfully hold the casino accountable for their negligence and recover compensation.
Document Everything & Gather Evidence
Following the incident, the casino starts gathering as much evidence as possible to support your claim.
Key evidence that you can obtain on the scene that is often critical in casino personal injury claims include:
- Photographs and videos of the scene
- Witness contact information and statements
- Casino information
Report the Incident
Before leaving the property, approach the casino staff and ask them to speak to management so you can report the incident.
If the casino's management files an incident report, ask for a copy, as it can be used as evidence and help build a strong case.
Seek Medical Attention
Crucial to any personal injury claim, you should immediately seek medical treatment after the casino accident, either at the hospital or a doctor's office.
By seeking prompt medical attention after a casino accident, you ensure that you:
- Obtain medical records, which can increase the value of your personal injury case
- Legitimize you injuries
Failure to seek immediate medical attention can make settlement negotiations harder, as the casino's insurance company may argue that your injuries weren't that severe as you didn't obtain immediate treatment.
Consult with a Las Vegas Casino Injury Lawyer
Casinos are typically backed by large and powerful legal teams and insurance companies, which makes trying to sue them alone extremely difficult.
For these reasons, you should enlist the help of the experienced Las Vegas casino injury attorney at The Rodney Okano Car Accident Lawyer Law Firm by calling (702) 566-3600 for a free case evaluation.
Determine Liability
With help from an experienced personal injury lawyer, an investigation will be launched into your case, and things such as surveillance footage, maintenance records, hiring records, and other evidence will be analyzed in order to prove that the casino's negligence caused your injuries and damages.
File a Complaint
Your lawyer will file a formal complaint with the correct Nevada court system, which will notify the casino of the lawsuit through the "service of process".
Partake in Pre-Trial Negotiations
Most casino injury lawsuits can be settled out of court, so your attorney will likely negotiate with the casino's legal team and insurance company to reach a fair settlement before proceeding to trial.
Go to Trial If Necessary
If a fair settlement can't be reached with the casino, your attorney will proceed with taking your case to trial.
During the court trial, your attorney will present evidence, question witnesses, and argue your case before a judge or jury.
Do Nevada Casinos Owe You a Duty of Care
Under NRS 651.015, Nevada casinos owe you and other guests a legal duty of care.
According to Nevada premises liability laws, all businesses, including casinos, which invite the public onto their property have a legal obligation to maintain a reasonably safe premise for their guests.
What Duty of Care Is Owed by a Casino to Guests
The duty of care owed by casinos includes:
- Keeping safe premises: Regularly inspecting their property and handling any malfunctioning equipment to prevent injuries.
- Providing proper security: Provide adequate security measures to prevent foreseeable criminal acts.
- Training staff properly: Specific employees must receive training to handle accidents or emergencies.
- Warning guests of known hazards: Warning signs or blocked-off areas must be used to keep a safe environment.
When a casino fails to keep this duty of care, it can be held liable for any resulting injuries or damages.
What to Do After an Accident in a Casino
Following a personal injury at a casino in Las Vegas, taking the right steps is crucial to ensuring that the casino is held accountable and that you obtain maximum compensation.
After an accident in a casino, you should:
- Seek Medical Care
- Report the incident to the casino management
- Document evidence and the scene
- Collect witness information
- Consult with a Las Vegas personal injury lawyer
To contact a Las Vegas casino injury attorney today, call (702) 566-3600 for a free consultation.
Common Causes of Injuries at Nevada Casinos
While Las Vegas casinos are meant to be places of relaxation and fun, there are numerous ways injuries can occur, with the most common being:
- Slip and Fall Accidents: Wet floors, spilled drinks, and uneven walkways can all result in slips and falls.
- Food Poisoning: Casinos handle hundreds of food items, which, if improperly served, can cause food-related illnesses.
- Faulty Equipment: Malfunctioning slot machines, escalators, or elevators can lead to injuries if not repaired.
- Falling Objects: Items such as chandeliers, signs, or decorations could collapse, leading to injuries.
- Negligent Security: If a casino operates with inadequate security, it may fail to prevent foreseeable criminal events such as assaults or robberies from occurring, which can lead to patrons getting harmed.
Suffering such injuries at a casino can entitle you to recover damages from the casino through a claim.
How to Prove Negligence in a Casino Injury Case
To hold a casino accountable for your injuries and damages, you must prove negligence as outlined in NRS 41.130, which allows a person to seek damages from a business or another person if their negligence resulted in their injuries.
To prove negligence, you must establish the following four legal elements:
- Duty of Care: You must show that the casino owed you a duty of care. As long as the casino was open to the public during the accident, this stage should be straightforward.
- Breach of Duty: You must prove that the casino breached the duty of care owed to you by showing that it created a dangerous situation.
- Causation: A link between the casino's breach of duty of care and your injuries must be established, meaning you must prove that the casino's negligence directly caused your injuries.
- Damages: Last, to obtain the compensation you're entitled to, you must prove the damages you suffered, such as medical expenses, lost wages, pain and suffering, or other losses.
Establishing the four elements outlined above often requires substantial evidence and a strong Las Vegas personal injury law firm, such as The Rodney Okano Car Accident Lawyer Law Firm, with vast experience fighting for injury victims.
Nevada Casino Liability Laws
Nevada law has numerous liability laws that apply to casino accidents and injuries, and knowing them is crucial to ensuring a smooth claims process.
Limited Liability for Casinos ~ NRS 651.015
Under NRS 651.015, while casinos are not automatically held liable for criminal acts committed by third parties, they can still be held liable for events and dangers of which they had actual or constructive knowledge.
Comparative Negligence ~ NRS 41.141
Nevada's modified comparative negligence rule is outlined under NRS 41.141, which states key points such as:
- Multiple parties can be at fault for injuries or damages.
- A party may be barred from obtaining compensation if its percentage of fault is greater than 50%.
Can You Sue a Casino for Emotional Distress in Las Vegas?
Yes, you can sue a casino for emotional distress in Las Vegas.
Two types of emotional distress you can sue for are:
- Negligent Infliction of Emotional Distress (NIED): If your emotional distress was a result of the casino's negligent acts, such as if an injury caused by the casino resulted in you also suffering emotionally, you can sue for emotional distress along with the other damages the injury resulted in.
- Intentional Infliction of Emotional Distress (IIED): This occurs when the casino's employees engage in extreme or outrageous conduct intended to cause you severe emotional distress. Under such circumstances, you can sue for the intentional infliction of emotional stress.
Can You Sue a Casino for Falling
Yes, you can sue a Nevada casino for falling.
It is especially possible to sue for a slip and fall in a casino if an unattended wet floor, loose carpet, uneven flooring, poor lighting, or dangerous stairwells causes it.
What Is the Statute of Limitations for Filing a Lawsuit Against a Casino in Nevada
The Nevada statute of limitations for filing a lawsuit against a casino under NRS 11.190 is two years from the date the incident in the casino occurred.
If you don't file a lawsuit within the given two years under Nevada personal injury law, you may be barred from obtaining compensation from the casino, and your case will be dismissed.
What Damages Can You Recover in a Casino Injury Lawsuit
In personal injury law, you are entitled to numerous economic and non-economic damages when winning a lawsuit against a casino, including:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Puntivie damages (If awarded)
To obtain the most damages, schedule a free consultation with one of our Nevada attorneys at (702) 566-3600 to receive expert guidance.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
