Casino Premises Liability: What Are Your Rights If Injured? Recent Case Studies and Litigation Trends

Casinos, with their flashing lights and promise of fortune, attract millions of visitors each year. In 2023 alone, Las Vegas saw nearly 41 million visitors. However, behind the glitz and glamour lies the potential for accidents and injuries. When these incidents occur due to a casino’s negligence, it raises the critical question: What are your rights if injured on casino property? This blog post delves into casino premises liability, exploring your rights, recent case studies, and emerging litigation trends to help you understand your legal options.

Understanding Casino Premises Liability

Premises liability law dictates that property owners, including casinos, have a legal duty to maintain a safe environment for their guests. In Nevada, casinos are obligated to maintain a safe environment for their patrons and must take all reasonable measures to prevent anyone from sustaining injury while on the premises. This duty of care extends to addressing potential hazards and ensuring the safety of visitors. When a casino fails to uphold this responsibility, they can be held liable for injuries resulting from their negligence.

To have a successful premises liability claim against a casino, it’s necessary to establish the elements of a premises liability claim. As with any personal injury lawsuit, the elements necessary for success encompass negligence. For a premises liability case, the elements that must be established include:

A dangerous condition existed on the property: The plaintiff must prove that there was a dangerous condition on the property.
The property owner was negligent: The plaintiff must establish that the property owner was negligent.
The injury was sustained due to their negligence: The plaintiff must demonstrate that their injury was sustained due to their negligence.

Common Causes of Casino Injuries

Several factors can contribute to injuries on casino premises. Some of the most common causes include:

Slip and Fall Accidents: Wet floors, spills, uneven carpeting, and poorly lit staircases are frequent culprits. Spilled drinks, worn carpeting, poor lighting, or wet tile floors near pools or restrooms can all create hazardous conditions. These accidents can lead to injuries ranging from minor bruises and sprains to fractures, head injuries, or long-term back problems.
Negligent Security: Inadequate security measures can result in assaults, altercations, and robberies. Security failures, overcrowded events, and poor surveillance may contribute to dangerous conditions where fights or assaults occur.
Food Poisoning: Contaminated food served at casino restaurants or buffets can cause illness. The casino could be liable if guests contract food poisoning from consuming contaminated food that was not handled or stored correctly.
Gaming Equipment Injuries: Malfunctioning slot machines, collapsing chairs, or falling objects can lead to injuries. 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.
Elevator and Escalator Accidents: Improperly maintained elevators and escalators can cause falls and other injuries. Escalators can cause trips or falls, and malfunctioning elevators could leave you stuck or worse.
Over serving of Alcohol: When casinos fail to regulate alcohol service or provide adequate security, patrons and employees may be at risk of harm.

Recent Case Studies

Examining recent case studies can provide valuable insights into how casino premises liability claims are handled in practice.

Slip and Fall Settlement (2019): A woman was awarded \$3 million after slipping near a collapsed “Wet Floor” sign at an Ohio casino in 2016, sustaining a broken kneecap. The fact that the wet floor sign had been collapsed at the time of the incident, so the plaintiff had no way to see the sign.
Negligent Security Case (Nevada Supreme Court): In Early v. NLV Casino Corp., the Nevada Supreme Court ruled that a casino could be liable for negligent security after a woman was attacked in a casino bathroom. The court reversed a lower court decision throwing out the case. The Nevada Supreme Court ruled that if the woman could show that the casino should have taken additional security measures, the woman could recover from the casino for negligent security.
Vicarious Liability: A security guard at a busy Las Vegas casino uses excessive force while removing a guest from the premises, resulting in the guest suffering injuries. The guest decides to pursue legal action for compensation. The casino can be held vicariously liable for the guard’s actions because: The guard acted within the scope of employment and the injury was foreseeable given the nature of the security role.

These cases highlight the importance of casinos maintaining safe premises and providing adequate security to protect their patrons.

Litigation Trends

Several trends are shaping casino premises liability litigation:

Increased Awareness: Increased awareness of premises liability law within the gambling industry means that casinos will likely be held to an even higher standard and analyzed under a microscope in terms of creating a safe gambling environment.
Focus on Security: With the rise in violent incidents, there’s a growing emphasis on casinos’ responsibility to provide adequate security.
Online Gambling: The popularity has surged for online gambling platforms, hence the reach of slots, poker, and even live dealers right from home. Consumer protection has been at the forefront of one of the greatest importance. Responsible gaming by the casinos and stopping entry to minors should be confined to one place.
Complex Legal Battles: Suing a casino for negligence isn’t easy. Large gaming establishments have powerful legal teams that work to deny claims. This is why working with an experienced casino negligence attorney can make a significant difference.

Your Rights If Injured

If you’re injured on casino property due to negligence, you have the right to seek compensation for your damages. This may include:

Medical Expenses: Coverage for past and future medical bills related to the injury.
Lost Wages: Reimbursement for lost income due to the injury.
Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
Property Damage: Coverage for any damaged personal property.

Steps to Take After an Injury

If you are injured in a casino, taking the following steps can help protect your rights:

Report the Accident: Inform the casino management immediately and request a written report.
Seek Medical Attention: Get prompt medical treatment, even if you think your injuries are minor.
Document the Scene: Take photos and videos of the accident scene, including any hazards.
Gather Witness Information: Collect contact information from any witnesses to the accident.
Consult an Attorney: Speak with a qualified personal injury attorney to discuss your legal options.

Advice

Be Aware of Your Surroundings: Pay attention to potential hazards and take precautions to avoid accidents.
Report Hazards: If you notice any unsafe conditions, report them to casino staff immediately.
Document Everything: Keep records of all communication, medical treatment, and expenses related to your injury.
Don’t Delay: Contact an attorney as soon as possible to protect your rights and preserve evidence.

Conclusion

Casinos have a responsibility to ensure the safety of their patrons. If you’ve been injured on casino property due to their negligence, understanding your rights is crucial. By familiarizing yourself with premises liability laws, recent case studies, and litigation trends, you can take informed action to protect your interests and seek the compensation you deserve.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. If you have been injured in a casino accident, consult with a qualified attorney to discuss your specific situation.