Hotel Negligence Injury Cases: An Overview
Hotel injury accidents are more common than you might think. Nevertheless, if you’ve never been involved in such an accident, you may not know what to expect.
Use our guide below to learn more about hotel negligence cases generally and what you can do to recover.
Common Ways People Get Injured In A Hotel
A hotel injury can occur at virtually any time due to a variety of causes.
Some of the most common hazards that can result in a hotel accident or injury include:
- Wet floors from spilled drinks,
- Lack of adequate security or safety measures resulting in assault and battery,
- Lack of adequate lighting,
- Defective furniture,
- Loose carpeting,
- Inoperable escalators,
- Uneven flooring, or
- Spoiled or contaminated food.
Of course, the existence of one of these conditions does not automatically qualify you to bring an injury lawsuit. Thus, be sure to discuss the facts and circumstances surrounding your case with an experienced Las Vegas hotel injury lawyer before deciding whether and how to proceed.
Injuries Suffered In Las Vegas Hotel Accidents
Any number of injuries can occur in a hotel accident, just like they can happen in other accidents. Some common injuries suffered in hotels in Las Vegas include:
- Broken bones,
- Sprained or pulled muscles,
- Traumatic brain injuries,
- Head injuries,
- Hip injuries,
- Nerve damage, or
- Soft tissue injuries.
Whether you suffered severe or minor injuries in your Las Vegas hotel accident, you may have a legal right to pursue hotel injury compensation in the form of monetary damages from the property owner.
Recoverable Damages In A Hotel Negligence Case
In the aftermath of a hotel injury accident, you may be entitled to recover damages to help compensate for your injuries. Examples of damages for which you may seek typically include compensation for:
- Medical bills,
- Rehabilitation costs,
- Property damage,
- Lost wages,
- Lost earning capacity,
- Emotional distress,
- Disfigurement, and
- Pain and suffering.
These types of damages are collectively referred to as “compensatory” damages. As the name implies, compensatory damages are designed to help compensate injury victims for the harm—both financial and psychological—they have suffered due to the negligence of others.
In some cases, where there is particularly egregious conduct by the wrongful or negligent party, an injury victim may also be able to recover what are called “punitive” damages. However, these types of damages are designed to punish especially bad behavior and, as such, are much less likely to be awarded.
While no amount of money can undo the harm you’ve suffered, these types of monetary damages can go a long way toward helping you recover from your injuries.
Premises Liability Claims in Las Vegas
Many hotel injury cases, at their core, are premises liability cases. A premises liability case is a type of negligence claim in which someone suffers injuries while on the property of another.
As a general matter, any property owner owes its guests a duty to protect them and maintain a reasonably safe environment on their premises. But if a guest suffers injuries because a hotel failed to keep the property in a reasonably safe condition, the injured party may be able to hold the property owner liable for their accident.
Below is some more information to take note of regarding premises liability claims in Las Vegas, NV.
Elements Of A Hotel Negligence Premises Liability Case
To prove a hotel injury premises liability claim, you typically must be able to show the following elements:
- The injured party was an “invitee” (i.e., on the premises with the property owner’s permission);
- A dangerous or hazardous condition existed on the premises;
- The owner of the establishment knew, or should have known, about the dangerous or hazardous condition; and
- This same dangerous or hazardous condition was the cause of the plaintiff’s injuries.
Hotel and casino owners owe a duty of care to take reasonable measures to ensure the safety of their guests. If you suffered injuries because a hotel or casino failed to take such reasonable measures, you might have a legal claim for relief.
Comparative Negligence In Las Vegas Premises Liability Cases
The State of Nevada does follow comparative negligence rules.
Specifically, Nevada Revised Statute (N.R.S.) section 41.141 states, “In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.”
Put simply, this means that if you were partially negligent in causing the accident that resulted in your injuries, your recoverable damages might be reduced by your respective percentage of fault. But if you are found to be 51% or more at fault, you cannot recover any damages from the other party at all.
But remember, even if you were partially at fault, this doesn’t automatically bar you from recovery. Accordingly, be sure to speak with a qualified personal injury and premises liability attorney to discuss your potential claim and options as soon as practicable.
Beware The Statute Of Limitations
Another crucial aspect of any premises liability claim to be aware of is the statute of limitations.
A statute of limitations is the legal timeframe within which a plaintiff must bring their lawsuit or risk waiving their rights to recovery.
According to N.R.S. section 11.190, the statute of limitations for a premises liability injury case is currently two years. In most cases, this means that you must file your claim within two years of the date of your injury. Failure to do so timely can result in severe consequences, including the inability to pursue your case moving forward.
What Should I Do After I’m Injured on the Las Vegas Strip or in a Hotel?
Suffering an injury, especially in a place like Las Vegas, can throw your plans completely off track. However, you need to address your accident right away. Otherwise, some of the evidence available for your future civil case could disappear forever.
Seek Medical Attention Right Away
After a hotel accident, you should seek medical attention as soon as possible. Even if you think your injuries are minor, some injuries do not become obvious right away but can still affect you later. It is better to get a complete evaluation to ensure none of your injuries will have lasting side effects. Additionally, any information you obtain from a doctor can be used to demonstrate some of the damages you suffered as a result of the accident.
Document Information About Your Accident
To prevail on a premises liability claim, you will need to prove that the hotel’s negligence caused your injury. You can demonstrate the hotel’s negligence by providing photographs and videos of the location of your fall and the conditions that caused your fall. You could also request video footage from the hotel to see if they captured your fall. Witness statements can also offer helpful evidence if another person witnessed the accident or saw the dangerous condition before the accident occurred.
Report Your Accident To An Owner Or Manager
Next, you should report your accident to the owner or manager of the hotel. This is not the time for you to start negotiating a settlement offer. You should simply advise the owner or manager of what happened and the injuries you suffered. The owner or manager might try to engage in settlement talks with you or assign blame for the accident. Politely advise them that you will not discuss a settlement without an attorney present.
Do I Need a Las Vegas Hotel Injury Lawyer For My Case?
The short answer is no, but that’s not necessarily the best or most prudent answer. You are not legally required to have a lawyer for your hotel accident case. Nevertheless, having one on your side is often one of the best things you can do to help maximize your recovery. An experienced attorney can help you:
- Evaluate your legal claims;
- Gather evidence, information, and witnesses to help support your case;
- Assess what damages you may be able to recover;
- Negotiate with hotel and casino owners, their legal counsel, and their insurers;
- Draft and file court filings;
- Attend court hearings and other appearances; and
- Prepare for and take your case all the way to trial.
Navigating a lawsuit is a time-consuming and complex process that will require extensive preparation and legal expertise. And while you can always represent yourself, doing so can drastically delay your recovery or—even worse—result in much lower compensation or none at all.
Don’t feel like you have to take this on alone. Let us take the stress and work off of your shoulders so that you can get back to focusing on yourself.
Finding the Best Injury Lawyer in Las Vegas
With so many attorneys to choose from in the greater Las Vegas area, it can be difficult deciding who to hire. To help make the decision easier, here are some reasons why we think Morris Injury Law has the best injury attorney in Las Vegas for you:
- We focus exclusively on fighting for the rights of injury victims in need, as opposed to some “Jack of All Trades” law firms in the area.
- We’ve helped our clients recover millions of dollars in well-deserved compensation to assist with their recoveries.
- More than just your average law firm focused on earning money, we pride ourselves on our commitment to customer service and giving back to the community.
- Firm founder and lead attorney Scott D. Morris grew up in Las Vegas and has created close relationships with many individuals and organizations in the area.
- Morris Injury Law has achieved an “A+” rating with the Better Business Bureau.
- We are proud to have received hundreds of five-star reviews from our many satisfied clients.
- We will never charge you any fees or costs unless and until we are able to recover compensation for you.
If you’re looking for aggressive, professional, and efficient legal representation, look no further than Morris Injury Law. No matter what your case requires, we will always put you first and do everything within our power to get you the results you need and deserve.
Morris Injury Law: Your Go-To Las Vegas Hotel Injury Lawyer
A hotel or casino injury can turn your Las Vegas vacation into a nightmare. But when the accident that resulted in your injuries was caused by the owner of the premises who had a duty to keep you safe, you may have a valid legal claim against the at-fault party.
At Morris Injury Law, we’ve made it our mission to fight for the rights of injury victims throughout the State of Nevada. We hope you allow us to fight for your rights too.
If you or a loved one has suffered personal injuries due to the wrongful actions or negligence of another, we want to help. Contact us for your free consultation and see how our team can help you recover today.