There are always a number of slip and fall cases filed against hotels and casinos in Las Vegas. If you have been injured in a slip and fall at a Las Vegas hotel, resort or casino, it is important to determine if you have a claim worth pursuing. We have outlined below the elements you are required to prove for a slip and fall case as well common scenarios that are not conducive to a slip and fall case.
In order to be liable for a slip and fall (called premises liability) the owner of the property must be aware of the hazard and fail to take action to correct the problem. The notice can be actual or constructive. Actual notice is when someone reports the problem and the property fails to alleviate it. Constructive notice is when the property owner should have seen the problem if it was exercising reasonable care. Constructive notice is often inferred in public areas of a hotel where a cleaning crew should have been working and seen a problem. Therefore, based on the above, if a patron of a casino spills their drink on the floor, and the hotel fails to clean it up after 4 hours, you probably have a claim if you slip and fall on the liquid. If, however, another patron spills their drink right in front of you and then you slip on the drink, it is unlikely that the hotel will be liable as they had no notice or opportunity to clean up the liquid.
Although many slip and fall cases are legitimate, there are some fact scenarios that are not conducive for judgment. These type of cases are situations where a guest is expected to exercise an extra degree of care. The common scenarios are slip and falls: (1) in the shower, bath tub or bathroom (2) on a recently mopped floor or (3) in the spa or swimming pool. In each of these cases, the guest is aware that the surface may be slippery and/or wet. Consequently, guests are expected to exercise extra caution and it is usually unreasonable to expect that the hotel or casino will be held responsible for a slip and fall in these areas.
Most hotels and casinos now have video surveillance in common areas of the hotel. This can be helpful or a hindrance. Hotels are required to preserve video surveillance even if it is damaging to their position. Therefore, video can assist plaintiffs in proving their case. However, if the video is damaging to the plaintiff, the video will also be put into evidence.
If you have been injured in a slip and fall in a hotel or casino in Las Vegas, please contact our office 702-333-1111 so we can assist you in determining if you have a valid claim.