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Las Vegas hotels may be sued for negligence when patrons slip-and-fall on their wet or slippery floors. This could lead to a settlement where the hotel pays for all of the plaintiff’s medical expenses, lost wages, and pain and suffering. Even if the plaintiff was partially to blame – such as by running – the hotel could still be legally liable to pay a portion of the damages.
Slip-and-fall victims in Las Vegas hotels can sue the hotel for negligence. In order to win a negligence claim at trial, the plaintiff has the burden to prove that:
Under the legal doctrine of premises liability, the hotel has an obligation to keep the grounds safe and to warn guests of any dangers.2 So if a floor becomes wet – such as during a routine cleaning or if a patron spills a drink – hotels should take action. But sometimes staff fails to cordon off the area or to put out a “Caution: Wet Floor” sign in time.
Helpful evidence in these types of negligence cases include:
Following a slip-and-fall in a Las Vegas hotel, victims may sue for compensatory damages to cover all of their:
The vast number of accident cases resolve through negotiations. But if the hotel’s insurer refuses to pay, the case can proceed to a trial. And if the plaintiff wins, the court could also order punitive damages if it finds that the hotel acted in a particularly egregious way.
Punitive damages can be as much as three times the compensatory damages. But if the compensatory damages come to less than $100,000, then the cap would be $300,000.3
Under Nevada’s comparative negligence laws, hotel slip-and-fall victims can still recover damages as long as they were no more than 50% to blame. Actions that may make plaintiffs partly at fault include:
If the plaintiff partly caused his/her injury, then the hotel does not have to pay out as much as it would have if the plaintiff were blameless. For instance, if a court finds that a plaintiff is 50% to blame, then the hotel would have to pay 50% less than it would otherwise.4
Nevada’s statute of limitations in Nevada for negligence is two (2) years after the victim discovers the injury. In many cases, victims discover their injury right after the accident occurs. But sometimes it takes weeks or longer for an injury to manifest itself.5
Other potential defendants in a hotel slip-and-fall lawsuit may be:
Learn more about suing for hotel injuries in Nevada. Also see our article Filing a Slip and Fall Claim in Las Vegas – 5 steps. Contact our Las Vegas slip and fall lawyers for more information.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Nevada slip-and-fall accident victims may be able to sue the following parties for negligence: the staff member(s) whose negligence caused the slippery surface, the company that owns the nightclub, and/or the club patron whose negligence caused the slippery surface (if applicable) Slip-and-fall victims may be able to recover compensatory damages for medical bills, lost wages, ...
Under NRS 11.190, Nevada’s statute of limitations to bring a slip-and-fall lawsuit is generally two (2) years from the date of the injury. So if a person falls and is injured on January 1, 2021, that person has until January 1, 2023, to file suit. Victims who wait too long to file their lawsuit will ...
Slip-and-fall accidents are common in Nevada, particularly in hotel casinos, grocery stores, and parking lots. Victims of a slip-and-fall accident in Nevada should take these five steps to file a personal injury claim: Do not admit fault or say you are uninjured. Seek medical care. Document what happened. Gather evidence. Contact a Las Vegas personal ...