Under the legal doctrine of premises liability, property owners, lawful occupants, or managers are required to keep their property in a reasonably safe condition and warn others of hazards that are not otherwise obvious.
Duty of care within personal injury law defines the concept of responsibility.
In Nevada, the duty of care is defined as a state-wide legal obligation that requires individuals to take responsibility for any injury that results from their negligent action.
Hotel, casino, and resort guests are considered “invitees” under Nevada premises liability law.
Invitees are people the property owner or lawful occupier welcomes onto the property for the property owner’s or occupier’s benefit. Examples of invitees are people patronizing a business, such as shoppers, hotel guests, casino patrons, and restaurant customers.
Under Nevada premise liability laws, invitees are owed the highest duty of care. Because invitees are there for the property owner’s or occupier’s benefit, the property owner is expected to discover potential hazards and swiftly address them.
What Do I Have To Prove To Hold A Hotel, Casino, Or Resort Liable For My Injuries?
To hold a hotel, casino, or resort in Las Vegas liable for your injuries, you must prove that they breached your duty of care on their property. To do this, you’ll need to produce evidence that:
A dangerous condition existed on their property;
The hotel, casino, or resort knew or should have known of the dangerous condition; and
The hotel, casino, or resort failed to remedy the hazard in a reasonable amount of time.
You’ll also need to prove that the condition was the proximate cause of your injuries, you were on the property lawfully, and that you’ve suffered actual damages due to the accident.
The burden to prove negligence is “by a preponderance of the evidence.” This means that it is more likely than not that the defendant’s breach of duty caused your injury.
Suppose you or a loved one has sustained injuries at a hotel, casino, or resort in Las Vegas, Henderson, or North Las Vegas. In that case, you may be able to bring a personal injury lawsuit against the owners or management under the theory of “premises liability.”
Possible damages you can recover include compensation for property damage, medical bills, emotional distress, lost wages, and in some cases, pain and suffering.
What Are The Duties Of Las Vegas Hotels, Casinos, and Resorts To Protect Guests?
Nevada law requires hotels, casinos, and resorts in Las Vegas to conduct regular inspections and abide by various safety codes.
The owners and managers of hotels, casinos, and resorts have a legal duty to take every reasonable measure to protect their guests from every foreseeable hazard. This duty of care typically includes conducting regular inspections to find potential problems, fixing them as soon as possible, hiring adequate security and maintenance teams, and warning guests of hazards while they are being addressed (such as displaying “wet floor” signs).
Such establishments have the duty not only to fix problems that come to their attention but also to be on the lookout for problems and to prevent them if possible.
The entire establishment must protect guests, including employees, vendors, third-party employees, and part-time workers. These protections involve preventing physical harm to visitors and taking reasonable precautions to avoid damage to a guest’s property.
Of the many duties owed to hotel, casino, and resort guests, ensuring that guests are kept physically safe is one of the most important. It includes everything from ensuring the building and grounds are carefully maintained to keeping the premises free of pests. Hotels must also take steps to warn visitors of the dangers of known hazards, such as swimming pools or areas under construction.
Regular health inspections are mandatory for Las Vegas hotels, casinos, and resorts.
Premises Liability Lawsuits Are Not Limited To Only Slip-And-Fall Accidents
Contrary to popular belief, several personal injury lawsuits arose from hotel, casino, and resort injuries besides slip-and-fall cases. These include swimming pool accidents, assault and battery, food poisoning, burn injuries, escalator and elevator accidents, inadequate security, and even bedbug bite-related injuries.
Can I Recover Damages Even If I Am Partially Responsible For My Injuries?
Nevada state exercises a doctrine called contributory negligence. Contributory negligence refers to the ability of the court to split liability fault between parties.
Even if you were partially responsible for your injuries, Nevada’s comparative negligence laws permit you to recover damages still as long as the defendant was at least 50% at fault. If you are found to be more at fault than the defendant, the court will not award compensation for your damages.
Pacific West Injury Law – Premier Premises Liability Law firm In Las Vegas That Empowers Victims By Delivering Exceptional Results
Accidents resulting from unsafe conditions in hotels, casinos, or resorts can result in devastating injuries.
At Pacific West Injury Law, we understand how important it is for you to recover maximum compensation for your damages as quickly as possible. The Las Vegas premises liability attorneys at our law firm work tirelessly to achieve fast, favorable settlements for our clients. However, when this is not possible, we are fully prepared to go to court for trial.
We handle all premises liability claims in Las Vegas, Henderson, and North Las Vegas. Contact our Las Vegas personal injury law firm to schedule a free consultation.