When people plan their vacations to Las Vegas, the last thing on their minds is being injured and hurt while spending time inside a casino. However, different types of accidents could potentially occur while enjoying a Vegas show, playing blackjack or slot machines, dining in a restaurant, or even in your hotel room. Should you get injured, before signing any agreement with the casino, is it in your best interest to consult with personal injury attorneys experienced in casino law liability.
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How Much Are Casino Injury Settlements?
The amount of casino injury settlements awarded varies based on the case’s circumstances. Some of the factors used when reaching a settlement in these cases include:
- The extent of injuries
- The dollar amount of economic damages
- The amount of negligence each party contributed to the accident
- Whether there are multiple negligent parties responsible
- The extent of insurance coverage carried by the casino
- The experience of the personal injury attorney
Some cases could settle for several thousand dollars, while others could settle for a much higher amount. To get an idea of how much your case could potentially be worth, it is essential to seek legal advice from a casino personal injury attorney.
What Are Examples of an Injury Where the Casino Would Be Liable?
Some examples of injuries where a Las Vegas casino could be held liable include:
- Slip-and-fall accidents: If a casino fails to maintain its premises properly or neglects to promptly clean up spills resulting in slip-and-fall accidents, it may be held liable. For example, a customer slips on a wet floor near the entrance because staff did not place warning signs or take any action to address the dangerous condition.
- Inadequate security measures: Casinos have a duty to provide reasonable safety and security for their guests. Failure to provide sufficient security where someone is injured could result in them being responsible. For instance, another guest assaults you on the casino floor.
- Negligent actions of employees: Employees have a duty of care, just like the casino. If they do not do this, the liability for your injuries could be the responsibility of the casino. For example, maintenance personnel fail to safely secure a slot machine to the floor, resulting in it falling over on top of you.
- Food poisoning: The casino could be liable if guests contract food poisoning from consuming contaminated food that was not handled or stored correctly. For instance, several guests develop symptoms of food poisoning after dining at the casino’s buffet.
- Faulty equipment: When a guest is injured from equipment that is not maintained and the casino had knowledge it needed to be repaired or knew there was an issue with it, they could be responsible. For example, a guest is watching a show, and an overhead light falls on them because it was not secured correctly.
Can You Win a Casino Liability Case?
In order to win a casino liability case, you must establish the casino was negligent. Each of the following elements must be present:
- Duty of care: The casino has a duty of care to ensure the safety of their guests
- The duty of care is breached: When a casino fails to prevent accidents and injuries and doesn’t protect their guests, they have breached their duty of care
- Cause in fact: Next, you must prove that the casino’s actions or lack of actions resulted in your injuries
- Proximate cause: The casino should have reasonable knowledge to know their actions, or lack thereof, could potentially result in injuries to their guests
- Damages: You must have experienced actual damages, such as injuries requiring medical care
How Do You File a Lawsuit Against a Casino?
Knowing how to file a lawsuit against a casino requires following specific steps. The first and most important step is to notify the casino of the accident and resulting injuries. Next, you should seek medical treatment for your injuries. If possible, it can also be beneficial to take pictures and obtain the contact details of any witnesses.
The casino will usually want you to fill out an accident report. However, it is vital that you only give the facts of what occurred and not speculate. If you are unsure or worried you might say something that could hurt your case against the casino, it is better to consult with a casino personal injury attorney after you receive medical treatment. They will advise you on how to proceed while protecting your rights.
Additionally, Nevada’s statute of limitation gives you two years to file a personal injury claim against a casino. If you do not file your claim before this deadline, you cannot bring any legal action against the casino and lose your right to any compensation.
How Long Does a Lawsuit Against a Casino Take?
The duration of a lawsuit against a casino depends on the willingness of the casino, their lawyers, and their insurance company to reach a settlement agreement. Most casinos will want to settle and keep the case from going to trial, as it can have negative impacts on their business.
Another factor is the amount of money they are offering for a settlement. It will be up to you and your attorney to decide if their offer is justified or if you are entitled to a larger sum. Generally, cases can take several months to a few years to be finalized.
Get Help From a Casino Personal Injury Attorney Today
After being insured at a casino, it is important to seek legal advice to ensure you receive the compensation you deserve. At Adam S. Kutner, Injury Attorneys, we are experienced with premises liability and casino law liability injury cases. We will work tirelessly to ensure your compensation from your injury settlement casino Las Vegas case is fair and reasonable.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 33 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.