Updated
Patrons who suffer accidents or injuries at a Las Vegas casino may be entitled to bring a lawsuit seeking financial compensation. Common claims against Nevada casinos stem from slip-and-fall, food poisoning, and injuries from broken stools.
But more serious injuries can result when a Las Vegas casino has inadequate security or lighting. And many Nevada casino patrons carry large amounts of cash. This can make them a target for people violating Nevada robbery laws or Nevada assault and battery laws.
Casino proprietors have the legal duty to take all reasonable measures to safeguard their patrons. According to the recent Nevada Supreme Court case Humphries v. New York, New York, plaintiffs who sue casinos for negligence do not have to prove that the casino knew that their injury would occur; instead, they merely need to show that their injury was reasonably “foreseeable”.
To help you better understand lawsuits for claims against Nevada casinos, our Las Vegas Nevada personal injury lawyers discuss:
- 1. Who can I sue if I am injured in a Las Vegas casino?
- 2. How do I prove a casino’s negligence under Nevada law?
- 3. The duty of care owed by a Las Vegas casino
- 4. When is a casino liable for its employees’ actions?
- 5. What damages can I recover for a Nevada casino injury?
You may also wish to review our related articles on Lawsuits for Nevada Hotel Injuries and Claims for Nevada Restaurant Injuries.
1. Who can I sue if I am injured in a Las Vegas casino?
Patrons injured at Las Vegas casinos may have a claim against several parties. Potentially liable people and entities include:
- The casino,
- The casino’s employees,
- The casino’s manager,
- The hotel in which a casino is located,
- The parent company of the hotel or casino,
- The casino’s liability insurer,
- A third-party company providing security for the casino, or
- A company or individual who provided the casino with a defective product in Nevada.
2. How do I prove a casino’s negligence under Nevada law?
Four elements need to be proved in order for a plaintiff to win a negligence claim against a Nevada casino:
- The casino owed the patron a duty of care;
- The casino breached that duty;
- The breach was the legal cause of the patron’s injuries; and.
- As a result of the breach, the patron suffered damages.1
3. The duty of care owed by a Las Vegas casino
Nevada premises liability law requires casino operators to maintain their premises in a reasonably safe condition. This duty extends to all areas of the casino, including parking areas, bathrooms and walkways.
Furthermore, casinos have the duty to reasonably protect against all foreseeable injuries. Fortunately for plaintiffs, Nevada courts take a relatively broad view of foreseeability. Specifically:
NRS 651.015 precludes [owner or innkeeper] 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.2
For example, casinos must (without limitation):
- Take all reasonable precautions to ensure food safety,
- Not serve alcohol to severely intoxicated patrons,
- Keep the furniture and fixtures in good repair,
- Clean up spills promptly,
- Maintain adequate security,
- Provide adequate lighting in parking structures,
- Be able to provide reasonable aid in an emergency, and
- Comply with state and federal anti-discrimination laws.
4. When is a casino liable for its employees’ actions?
In Nevada, a casino may be liable for injuries caused by employees under:
- Nevada’s respondeat superior law (vicarious employer liability), or
- Nevada’s law on negligent hiring, retention or supervision.
A casino is vicariously liable for injuries caused by employees when:
- The employee was performing his or her regular job duties, and
- The employee was negligent.
Example: Ben suffers a
spinal injury after he slips on a wet floor at a Las Vegas casino. Ben’s injury could have been prevented had the waitress working the floor cleaned the spill immediately. But because she was negligent, Ben has the right to hold her responsible for his injuries. Cleaning up drinks is part of a wait person’s job. Therefore, the casino can be held liable under Nevada’s doctrine of respondeat superior.
A casino negligently hires, retains or supervisors an employee when:
- The casino fails to conduct a reasonable background check to ensure an employee is fit for the position;
- The casino keeps an employee after being given notice that the employee may be dangerous; or
- The casino fails to exercise adequate supervision over an employee’s activities.
Example: A casino receives complaints from several female customers about a security guard who has sexually harasses them. The casino ignores the complaints. Later, the security guard sexually assaults a customer in the parking lot. Sexual assault is not part of the guard’s job. However the casino can be held liable because it negligently retained his services after receiving notice that he posed a danger.
5. What damages can I recover for a Nevada casino injury?
Patrons who have been injured as the result of a casino’s negligence are entitled to recover compensatory damages under Nevada law. Compensatory damages can include (without limitation):
- Payment of medical bills,
- Lost wages from missed work,
- Lost earning capacity,
- Pain and suffering, or
- Medical bills and funeral expenses under Nevada’s wrongful death law.
Additionally, patrons who have been injured by an intentionally wrongful action of a casino may be entitled to recover punitive damages under Nevada law.
Our Las Vegas personal injury attorneys offer free consultations to help you determine what damages you may be able to cover as the result of casino negligence.
Injured at a Las Vegas casino? Call us for help…
If you or someone you care about was injured at a Nevada casino, we invite you to contact us for a free consultation.
Our Las Vegas casino injury lawyers work with a team of talented investigators, safety experts and doctors to make sure that you get the compensation you need and deserve.
Best of all, you pay us nothing until you win or settle your case.
To schedule your free consultation call us, or, for an even faster response, complete the form on this page.
The statute of limitations in Nevada accident cases can be as short as two (2) years, so be sure to contact us right away to start working on your case.
Legal references:
- 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 liabilty of innkeepers for injury or death to non-employees.