If you suffer injuries due to dangerous conditions at a casino, you can sue the casino for negligence. Injuries from casinos may result from many causes, including slip and fall accidents, swimming pool drowning, food poisoning, assaults from security personnel and other patrons, burns from hot water or hot drinks, and shuttle bus accidents. You may be eligible for compensation to cover your damages like medical expenses, lost wages, and pain and suffering. You should contact an attorney immediately after an injury to ensure that you file the claim within the statute of limitations of two years.

Potential Liable Parties For A Casino Injury

After suffering injuries in a Las Vegas casino, you can file a personal injury claim against several potential parties. The potentially liable parties in a casino injury include:

  • The casino
  • The casino managers or owners
  • The casino employees
  • The hotel within which the casino is situated
  • Casino’s property owners
  • The casino’s or the hotel’s parent company (usually a larger corporation)
  • The third-party that offers insurance to the casino
  • The casino’s liability insurer
  • Any other party that might have supplied the casino with a defective product

Proving That A Casino Is Negligent Under Nevada Law

For you to file a claim against a casino successfully, you need to prove four crucial elements:

  • The casino owed you a duty of care
  • The casino breached or did not honor its duty of care
  • The casino’s breach of their duty of care caused your injuries
  • Because the casino breached their duty of care, you suffered damages

According to the Nevada premises liability law, all hotels and casinos operators must maintain their premises in relatively safe conditions. This means that all areas in a casino should be safe, including walkways, bathrooms, and parking areas. The casino also has a duty of care to protect its customers or patrons against all forms of unforeseeable injuries.

Nevada courts have a broad view of foreseeability regarding premises liability claims in Nevada, which works in the plaintiffs' favor. As outlined by NRS 651.015, an innkeeper or owner is not liable unless the wrongful act that caused the victim's injury was foreseeable. The law doesn’t consider an unlawful act to be foreseeable unless the casino owner or keeper failed to exercise the necessary duty of care for the people in the premises or if the casino owner or innkeeper had a prior notice or knowledge of similar prior wrongful acts on the premises.

Based on the failure to exercise a duty of care, foreseeability does not solely depend on the knowledge or notice that an unlawful act would occur. However, foreseeability revolves around the basic precautions that an innkeeper or casino owner should take. When determining foreseeability based on knowledge or notice of prior wrongful acts, the judge conducts a case-to-case analysis of similar illegal acts while considering the security concern implicated, the location of the attack, and the level of violence. Below are some of the examples of a casino's responsibilities for its patrons or clients:

  • To prevent food poisoning and enhance food safety, a casino should take all the necessary precautions in preparing and storing food. Taking these precautions will also help to prevent infections with E.coli and salmonella.
  • A casino also has to ensure that they do not serve alcohol to severely intoxicated people, whether in a nightclub, casino, or dining area.
  • The casino must keep all furniture and fixtures stable and repair them whenever the need arises.
  • The casino has to clean up spills fast to prevent slip and fall accidents.
  • Maintain the safety of chairs at all locations, including at arenas, gaming tables, restaurants, bars, buffets, stadiums, bathrooms, and showrooms
  • Always maintain proper security at the casino.
  • Ensure that the floors and grounds are even with no loose carpets or other hazards
  • Ensure that there is optimal lighting in parking lots
  • Maintain escalators and elevators in good condition (if the elevators or escalators stop short or malfunction, they could make people fall suddenly)
  • Keep all their rooms free from pests like bed bugs
  • Prevent burns by keeping water at any faucets at lukewarm temperature
  • Provide prompt and reasonable aid or assistance in case of an emergency
  • Maintain safety of casino ground transportation or garages for passengers and pedestrians to prevent accidents.
  • Ensure they comply with all the set federal and state anti-discrimination laws

When A Casino Is Vicariously Liable For Their Employees’ Actions

Under Nevada law, a casino may be liable for their employees’ negligence and wrongful acts. A casino will be vicariously liable for the injuries caused by their workers if:

  • The employee caused the injury while performing their regular work duties
  • The employee acted negligently. For example, a customer may slip on a wet floor and suffer spine and brain injuries. This injury would not have occurred if the waiter who spilled the drink had cleaned the spill immediately. However, because the employee was negligent, the victim has a right to hold the employer liable for their injuries. Cleaning up any drinks that spill on the floor is part of a waiter’s responsibility.

Therefore, a casino could be liable for the waiter's negligence under Nevada's doctrine of respondeat superior. A casino could also be responsible for its employees' actions if it is evident that it negligently hired, retained, or supervised an employee. A casino could be guilty of negligent hiring if they:

  • Fail to conduct ample or reasonable background check on a potential employee to ensure that the person is a good fit for the open position
  • The casino retains an employee despite receiving a notice that the employee is dangerous
  • The casino does not conduct proper supervision over an employee’s activities. For example, a casino may receive several complaints from customers regarding a security guard who has sexually harassed them. However, the casino ignores these allegations and retains the security guard. One day, the security guard sexually harassed a female customer in the parking lot. Even if sexual assault is not part of the security guard's job, the casino could be liable for the security guard's actions. Even after receiving a notice that the security guard could be dangerous, the casino still retained the security guard.

Nevada’s Respondeat Superior Law

Respondeat superior is a Latin phrase that translates to let the master answer. Under this doctrine, a Nevada employer may be liable for the injuries caused by their employee, provided the employee is under the employer’s control. It should also be evident that the employee’s actions were within the scope of their job. You might be wondering about who qualifies as an employee under Nevada's respondeat superior law. When considering whether someone is an employee, the court considers whether the person was working under the employer’s(casino’s) control. As long as a person was working for the benefit of the casino, they qualify as the casino’s employee.

For example, if a casino intends to protect its premises, they have a non-delegable obligation to hire security personnel. Therefore, even if the casino hires a third-party security company, the security guards are still considered to be under the casino’s control. A casino employee is deemed to be working within the scope of their employment if the injury to the victim occurs at work, during work hours, or when the employee is performing their duties.

Employees are not acting within their scope of employment in a casino if they are traveling to or from work. However, if an employee is performing an errand for an employer or conferring a benefit upon them, they are considered to be acting within the scope of their employment.

In the case of an intentional wrongful act of an employee, the casino will not be liable for the employee's actions. As outlined by the NRS 41.745, an employer will not be responsible for the injuries or harm caused by an employee provided:

  • The employee's behavior was indeed an independent venture of the employee
  • The employee did not commit the wrongful act within the course of the task an employer assigns them
  • The unlawful act was not foreseeable given the circumstances or facts of the case considering the employee's nature of employment.

The law considers an employee's conduct foreseeable if a person of ordinary prudence and intelligence would have anticipated the action and the probability of injury. In case of an unforeseeable intentional act of an employee, the law does not impose strict liability on the employer. However, if an employee commits a deliberate act within the course of a task assigned to them, the employer could be liable. If you are injured by someone who was in a job at a casino, we invite you to contact an experienced personal injury attorney.

Negligent Hiring, Supervision, or Retention

If a casino fails to exercise due care while hiring its staff, the casino could be liable for the damages caused by its staff. This law is fundamental because an employee may not have enough resources to cover the victim's compensatory damages when an injury occurs. However, the employer is likely to have ample insurance cover and the ability to compensate the victim.

A casino could be guilty of negligent hiring, supervision, and retention if they hire a security guard with a past sexual assault conviction and the guard assaults a casino guest. If a casino or a hotel fails to train and supervise a lifeguard adequately and a guest drowns and dies in the swimming pool, the casino could be guilty of negligent hiring, retention, and supervision.

For the plaintiff to successfully seek compensation from the casino, the following elements should be evident:

  • The casino had a duty to protect the plaintiff from any harm resulting from its employees.
  • The casino breached this duty during the hiring and the training of the casino employees or due to the failure to supervise the employee as required.
  • The employee committed a wrongful act that was a proximate cause of the plaintiff's injuries.
  • Due to the injuries inflicted by the employee, the plaintiff suffered damages.

The law on negligent hiring, training, and retention of employees differs from that of vicarious or indirect liability of the employer. Negligent hiring occurs if a casino doesn’t conduct ample background checks when hiring an employee. Negligent hiring also occurs if a casino hires a person even though it knew or should have known that the person was dangerous.

Negligent retention of employees occurs when an employer retains or continues their relationship with an employee despite knowing the employee is a danger to other people.

The liability resulting from negligent training or supervision of a casino employee may occur if a casino employee injures someone else because the casino failed to train, discipline, or supervise the employee.

The Damages You Can Recover From A Casino Injury In Nevada

If you suffer damages because of a casino’s negligence, you are entitled to compensation to help you recover your damages. The compensatory damages available include medical bills, lost wages, property damage, loss of earning capacity, pain, and suffering, emotional distress, disfigurement, loss of enjoyment in life, and inconvenience resulting from the physical impairment. The purpose of compensatory damages is to compensate the victim for the past and anticipated future losses resulting from an injury.

The damages fall under two main categories: economic damages and non-economic damages. Economic damages refer to damages to which you can attach a dollar amount. Non-economic damages do not necessarily involve out-of-pocket expenses.

Medical Expenses

If the casino is liable for your injuries, the casino will be responsible for your medical expenses. Most casinos have an insurance company that will cover the damages. The chances are that the insurance company will initially deny liability. This is why you need an experienced personal injury attorney by your side. When seeking compensation for medical costs, you should not just focus on past medical expenses. You should also consider the future medical expenses that could result from your injuries. Consider other factors like physical therapy and rehabilitation fees if applicable.

If you had a pre-existing injury or medical condition, the insurer might not cover the injury. The casino's insurer may request your medical records dating back up to five years to ensure that you had no pre-existing condition. However, if you had a pre-existing condition that was made worse by the injury suffered in the casino, you can recover compensation.

Lost Wages

Nevada law allows accident or injury victims to recover lost income or lost wages. However, the lost income or wages must be proven and documented. If you are an employee, you can use your past pay stubs or a letter from your employer as proof of lost wages. The letter from your employer will outline important information like your job title, your rate of pay, the number of hours you work per week, and any other perks you would have been entitled to.

You can also use other means like tax returns to prove your lost wages, especially if the employer is not willing to give you a letter. You can also claim lost income if you are self-employed, but this income will be more challenging to prove. You can use documents like tax returns and bills of payments for the months before your accident. You could also seek the help of a forensic accounting expert if your income is too complicated to prove. If you use your personal leave days, sick days, or vacation days, you can recover compensation for these days.

Lost Earning Capacity

Lost earning capacity refers to the future income you are likely to lose due to your injuries. You will qualify for lost earning capacity benefits if you cannot return to work for a substantial period because of your injuries.

This compensation may consist of the total wages and work benefits that you do not receive between the date of your injury and out-of-court settlement or lawsuit. It will also include the loss of income you might experience in the future because of your injuries. There is no set period under Nevada law for which you should be injured to claim lost earning capacity.

Pain and Suffering

Nevada law allows the victim to recover non-economic damages like pain and suffering in a personal injury lawsuit. There is no upper limit on the amount you can recover for non-economic damages in Nevada except for medical malpractice cases.

The law only requires the claim for non-economic damages to be fair and reasonable. It’s important to note that a casino may give you a low-ball offer to make the case go away. If you refuse the offer, the casino may try to intimidate you with its team of litigators and risk managers. That’s why you need an aggressive personal injury attorney.

Find A Las Vegas Personal Injury Lawyer

If you or your loved one is injured in a Las Vegas casino, we invite you to contact Las Vegas Personal Injury Attorney Law Firm for consultation and legal advice. We provide reliable legal assistance in Las Vegas, NV. Call us at 702-996-1224 and speak to one of our attorneys.