Last Updated on September 17, 2022
In a casino accident, you may suffer a high medical bill. If you have incurred these bills, the casino will be responsible. In addition to medical expenses, your attorney will also demand compensation for lost wages and lost future income. If you are injured in a casino accident and cannot return to work for several months, you will not be able to earn as much as you did before the accident. If you were injured and unable to work, you may be eligible to file a lawsuit against the casino for these damages.
Duty of care requires casinos to maintain premises in a reasonably safe condition
A casino’s duty of care to its customers, guests, and employees entails ensuring that its premises are reasonably safe. The state of Nevada imposes specific guidelines for property owners, including the need to maintain the premises in a reasonably safe condition. Nevada law calls for reasonable care from property owners to protect guests from potential harm and to take affirmative action to prevent wrongful acts.
In addition, Florida law imposes the highest duty of care on property owners and managers to their invitees. In order to keep their premises safe, property owners must regularly inspect and repair dangerous conditions. Even if a property owner knew that a property had a hazardous condition, it must warn its licensee of the dangers. In other words, it must be reasonably safe and reasonably sanitary.
The owner of a premises has a duty of care to its customers. He or she must keep the premises reasonably safe and warn customers if a danger is apparent. This duty of care is a legal obligation for premises owners, so it is important for business owners to take the responsibility seriously. The duty of care extends to any business that allows the public to enter its premises. In other words, the owner has a duty to warn customers of dangers and to fix them as soon as possible.
The casino’s duty of care to its guests extends to preventing foreseeable injuries. Under Nevada’s public accommodation laws, foreseeable injuries include overserving patrons, failing to follow food safety regulations, and failing to keep casino fixtures and premises in good condition. Furthermore, if the casino has prior similar incidents or does not properly monitor patron safety, it may be liable for any injuries.
Punitive damages may be appropriate if casino knew about hazards but chose to do nothing to fix them
For example, a casino might be liable if a patron trips and falls on a slanted beam in the dining room and sues the owner for negligence. The owner, Jim, presumably knew about the slanted beam and failed to take measures to fix it. A Nevada court may find Jim liable for the patron’s injuries because he acted negligently by failing to fix the problem and warning the patron about the danger.
In the scenario above, Julia was injured when she was drinking and ran through the nightclub wearing stiletto heels. While she was drunk, Julia slipped on the slanted flooring in the lobby and was injured. She is awarded $50,000 in damages, but is found 50% at fault for the accident because she was in stiletto heels. As a result, the court awards Julia half of her damages – $25,000 – and awards her a settlement.
Another example is a case involving a railroad. In Hammerstein v. Jean Dev. West, an alcoholic man injured himself crossing a switchyard. He was classified as a licensee when crossing the switchyard and attempted to climb through a moving train over couplings. The railroad’s failure to provide warning signals before moving cars in the switchyard constituted negligence.
There are several cases where punitive damages may be appropriate. For example, if a casino knew about hazards but did nothing to correct them, a person can seek damages for back and neck injuries. The United States v. Scheier involved unauthorized access to an airline reservation system. In addition, unauthorized access to a Bell South emergency computer flew resulted in a fatal accident.
The casino may also be liable for a public safety risk. This hazard must be “open and obvious,” and the defendant must have known about it but chose not to fix it. Punitive damages are sometimes appropriate if the casino knew about the hazards but did nothing to fix them. The casino should also pay for the costs of the repairs.
Value of a lawsuit against a casino
A recent case involving an 84-year-old woman filing a lawsuit against a casino shows the importance of understanding the value of such a claim. The woman was injured by a 39-year-old man who allegedly attacked her in a casino parking lot. The man had just witnessed the woman’s big win when he pushed her into the parking lot and hit her with seven dollar bills. The man was arrested not long afterward.
In many cases, accidents in casinos occur because of negligence on the part of a casino employee or patron. Often, an intoxicated individual assumes responsibility for the accident, but the casino can be held legally liable for injuries caused by his or her negligence. This is true even if a casino representative served the intoxicated individual or failed to remove them from the premises. In addition, a casino employee could be held accountable for a patron’s injury even if the employee or manager was negligent or intentionally reckless.
About The Author
Mindy Vu is a part time shoe model and professional mum. She loves to cook and has been proclaimed the best cook in the world by her friends and family. She adores her pet dog Twinkie, and is happily married to her books.