Guests can be injured in Las Vegas hotels and resorts just as easily as any other location. And when that injury is based on the hotel's negligence, guests are entitled to recover compensatory damages under Nevada law.
Hotels have a duty to take all reasonable measures to prevent foreseeable injuries. Fortunately, recent case law in Nevada makes it a little easier for hotel guests suing for negligence to prove that an injury was foreseeable.
However, dealing with a large hotel conglomerate can be challenging. That's where we come in.
Our Las Vegas personal injury lawyers have the experience to protect your rights following an injury at a hotel in Nevada. We know how to negotiate with the companies that own and operate these establishments so that you can get the compensation you need and deserve.
Best of all, we won't take a dime unless and until you receive your money.
To help you better understand the law on Nevada hotel and resort injuries, our Las Vegas personal injury lawyers discuss, below:
- 1. The elements of a Nevada hotel neligence case
- 2. What duty of care do Las Vegas hotels owe to guests and employees?
- 3. Common breaches of the duty of care in Nevada hotels
- 4. Compensation for Las Vegas hotel and resort injuries
If you or a loved one was injured in the Vegas Massacre on October 1, 2017, see our article about filing a lawsuit for victims of the Las Vegas shooting.
Nevada law requires a plaintiff to prove four "elements" in order to be successful in a Las Vegas casino negligence action:
- The hotel had a legal duty of care to the injured party;
- The hotel breached that duty;
- The plaintiff's injuries were legally caused by the breach of duty; and
- The injury resulted in damages to the plaintiff.
Let's take a closer look at some of these elements.
Hotels have a basic duty under Nevada law to make sure that their property is safe and free from any threats that may cause injury. Hotels are expected to take all reasonable measures to prevent foreseeable injuries. Under the recent Nevada case Humphries v. New York, New York, courts take an expansive view of what is foreseeable. Specifically:
NRS 651.015 precludes [hotel] liability unless the wrongful act that caused the injuries was foreseeable...a wrongful act is not foreseeable unless the owner or innkeeper failed to exercise due care for the safety of the patron or other person on the premises or had notice or knowledge of prior incidents of similar wrongful acts on the premises ... Foreseeability based on the failure to exercise due care does not depend solely on notice or knowledge that a specific wrongful act would occur, but instead is about "the basic minimum precautions that are reasonably expected of an owner or innkeeper." ... And foreseeability based on notice or knowledge of "[p]rior incidents of similar wrongful acts," ... requires a case-by-case analysis of similar wrongful acts, including, without limitation, the level of violence, location of attack, and security concerns implicated.
Precautions Nevada hotels must take to keep premises safe for guests include (without limitation):
- Keeping hotel rooms and public areas in good repair;
- Reprogramming keys after prior guests check out;
- Complying with Nevada food safety regulations;
- Calling paramedics or trained medical personnel in the event of a medical problem;
- Having a plan to deal with emergencies, such as fires; and
- Complying with Nevada and federal anti-discrimination laws.
Most Las Vegas and Nevada hotels do their best to ensure guest and employee safety. But occasionally Las Vegas hotels breach their duty of care.
A breach occurs when the hotel fails to exercise a duty with the degree of care an ordinarily careful and prudent person would exercise under the same or similar circumstances.
Common breaches by Nevada hotels include (but are not limited to):
- Slip-and-fall accidents from:
- Wet surfaces,
- Torn carpeting,
- Defective handrails,
- Broken stairs,
- Cracked tiles, or
- Uneven pavement;
- Violations of Nevada assault laws, Nevada sexual assault laws or Nevada theft laws due to:
- Poorly lit garages,
- Inadequate security,or
- Improperly wiped room locks;
- Food poisoning;
- Shuttle bus accidents;
- Burns from hot beverages;
- Drowning and other swimming pool accidents; and
- Injuries from broken chairs or defective products.
Guests who suffer damages while at a Las Vegas hotel may be entitled to:
- Payment of medical bills,
- Lost wages from missed work,
- Lost earning capacity,
- Pain and suffering, or
- Payment under Nevada's wrongful death law.
Every case is different. It is wise to consult with an experienced Nevada personal injury lawyer to help you determine your damages. We offer free consultations to help you decide whether to proceed with a claim for Las Vegas hotel injuries.
Injured at a Las Vegas hotel? Call us for help...
Don't let a smooth-talking claims adjuster keep you from getting the compensation you deserve.
Contact our compassionate Las Vegas and Reno personal injury lawyers to negotiate or sue on your behalf.
To speak to one of our lawyers, fill out the form on this page or call us at 702-DEFENSE (702-333-3673). One of our Nevada casino accident lawyers will get back to you promptly to discuss your case and your best course of action
- Turner v. Mandaly Sports Entertainment, 124 Nev. 213, 180 P.3d 1172 (2008); Scialabba v. Brandise Construction Co., 112 Nev. 965, 921 P.2d 928 (1996); Perez v. Las Vegas Med. Ctr., 107 Nev. 1, 4, 805 P.2d 589 (1991).
- Humphries v. New York, New York, 133 Nev. Advance Opinion 77 (2017); see, e.g., NRS 651.015 on the civil liability of innkeepers for injury or death to non-employees.
- NEVADA JURY INSTRUCTIONS 4.03; BAJI 3.10.