Who is liable if I get injured in a casino? Several entities, like the casino ownership, casino employees, other patrons, third parties, or even yourself, could all be held liable depending on the details of how you got injured in a casino. Talk to a Las Vegas hotel & casino injury lawyer to figure this out for your specific case.
In all the fun and excitement of a casino, it is possible to find yourself on the receiving end of an unexpected injury. If this happened because of something preventable that was not reasonably remedied already, you are likely wondering who to blame and how to hold them accountable. Let us try to clear things up for you.
Immediate Action After Being Injured in a Casino Can Point to a Responsible Party
No one should expect you to have all the answers as soon as you are injured in a casino. Once you have received appropriate medical attention, taking immediate action to call a lawyer will help fill you in on whatever you need to know about your case.
These are among the first steps in what to do if you’re injured in a Las Vegas casino. In these discussions, we will walk you through our process of determining who is liable if you get injured in a casino.
This may even require seeking out witnesses and security footage in this extremely early stage. In the chaos of an accident, you may not have noticed something that a camera picked up.
Digging into this early can prove vital in making sure we find the right liable parties. Allowing evidence to be lost or letting the statute of limitations pass should not be a factor if we all take swift action. Find out exactly who is liable in your casino injury by giving us a call today.
The Liable Party Depends on How Your Accident Happened
Injuries in any setting can happen in countless ways, and those injuries that occur in a casino are no exception. Nevada law addresses these issues to provide a straightforward approach to different types of accidents in casinos.
Premises Liability in Nevada
Nevada Revised Statutes § 41.510 establishes a foundation that states owners or legal occupants of premises are not responsible for maintaining safe conditions or warning of unsafe conditions.
However, it goes on to say that this does not apply if there is willful or malicious failure to warn people of hazardous conditions, or to injuries sustained from these.
Trespassing Limits or Eliminates Some Liabilities
Most casinos are open to the general public, but as private property, entry is still at the owner’s discretion. You are deemed a trespasser if you are on the premises without the owner’s expressed or implied consent. Getting injured while trespassing in a casino could leave you solely liable, with exceptions.
Multiple Parties Could Be Liable if You Get Injured in a Casino
As long as you are less than half responsible for your injury, Nevada courts would split up liability in a case like your casino injury.Â
Through arguments from both sides and consideration of all the evidence, the court would issue a special verdict that assigns a percentage of fault to each party. This is if we go to trial and do not settle.
Casino Injuries Due to Other Factors
Casinos often have people who have had a lot to drink, are in exceptionally high or low moods, and might be prone to harmful behaviors, who can be held liable.
They could bring about injuries due to disorderly conduct (Clark County Code § 12.33.010), breach of peace (NRS § 203), or other similar acts. This could result in additional damages under NRS § 42.005.
Specific Potentially Liable Parties for Us to Consider
When injured in a casino, there is a high likelihood of the liable party being one or more of several possible parties. The chain of events of your case may lead in several directions or down a path somewhere you may not expect. Hopefully, we can provide you with an idea of where to look for liability.
- Casino ownership
- Casino staff
- Food & beverage suppliers or producers
- Furniture manufacturers
- Casinogoers
There may be others for us to look out for. We aim to highlight the typical scenarios, so to speak, in injury cases that occur in casinos. As long as the right kind of negligence can be proven, we may have several options available to discuss.
Who Cannot Be Held Liable if I Get Injured in a Casino?
In short, even if someone was nearby or aware of your injury or the hazard that caused your injury, that does not inherently mean they have any liability in what happened.
The law assigns a duty of responsibility to certain parties, allowing us to clearly define who we can sue. Otherwise, anyone in a certain radius of your accident would have a share in liability, which is wholly unfair.
Suppose casino ownership and staff truly did everything they were supposed to in either maintaining safe conditions or at least adequately warning people of any unsafe conditions. In that case, there are likely no grounds to pursue a casino injury claim against them if there was no negligence.
Additionally, a product being misused does not necessarily mean the product was defective, which can protect the manufacturer from litigation.
However, if the product was faulty and you were injured while someone else was using it, the user is not necessarily responsible unless they knew the product was faulty and used it anyway, i.e., through negligence.
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Talk with an Attorney to Find Out Who is Liable if I Get Injured in a Casino
Call Shook & Stone Injury Lawyers for a free consultation to help you determine who is liable if you get injured in a casino. We are here to be with you for the long haul, even after you cash out your settlement. We are your law firm for life.Â
Contact us to utilize our resources, so that we can help you find exactly who needs to be held responsible for your injury in a casino.
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