Millions of people visit Las Vegas every year to enjoy the nightlife, casinos, and other perks that Las Vegas has to offer. In fact, in 2021 alone, more than 32 million individuals traveled to the Las Vegas area.
Most people arrive expecting a flawless vacation full of gambling, fun, and entertainment. However, this is not always the case.
The unfortunate reality is that many people suffer injuries in Las Vegas hotels and casinos each year. Often, this can result in physical injuries, time away from work in recovery, and mounting medical expenses.
If you or a loved one has sustained injuries in a hotel accident in or near Las Vegas, know you are not alone. Contact Morris Injury Law to speak with a Las Vegas injury attorney and see how we can help you recover today.
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.
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:
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.
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:
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.
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:
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.
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.
To prove a hotel injury premises liability claim, you typically must be able to show the following elements:
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.
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.
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.
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.
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.
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.
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.
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:
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.
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:
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.
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.