WHAT TO DO IF YOU HAVE BEEN INJURED IN LAS VEGAS?
July 25, 2017
GETTING HURT IN LAS VEGAS
You have traveled to Las Vegas to have a little fun in the sun and while in this great city, you get hurt; you slip and fall, you get manhandled by a security guard, you end up being poisoned by a local buffet. What was supposed to be a great trip of fun and relaxation turns into a nightmare. What are you to do?
If you have been injured in Las Vegas, there are a couple of things you need to know.
1. Hotels and casinos rarely admit liability and settle without a lawsuit being filed. They just don’t admit fault short of litigation. Therefore, you should not waste your time retaining legal counsel from your home area as they cannot help you. Unless they are licensed to practice in Nevada, the case will ultimately have to be turned over to a Nevada lawyer who can file suit in Nevada. I don’t recall the last time I represented someone who had been injured in Las Vegas who was able to negotiate a settlement from a hotel or casino without suing.
2. It is important to document or make note of what it is that caused you injury. In the case of a slip and fall, pay attention to exactly what it is that caused you to fall. I can’t tell you the number of times I have been called by someone who had slipped and fallen at a hotel but did not know what it was that caused them to slip and fall. To understand why this is important, let me explain. A hotel or casino is not liable for your injury resulting from a slip and fall unless they had actual or constructive notice of the condition that caused you to fall. Actual notice would be a substance on the floor that was the result of an employee act or a leaky pipe, etc. If an employee saw the spill but did nothing to clean it up prior to your fall, that would also be actual notice. Constructive notice is where the condition of the floor was present for a sufficient amount of time that the hotel would have found the problem through a reasonable inspection. Going back to the original point, if you do not know what it is that caused you to fall, it is pretty difficult to suggest that the hotel had actual or constructive notice.
3. If you have been injured, let the hotel know. Security will respond and give you an opportunity to complete a voluntary statement. Do not leave Las Vegas without reporting the incident. The hotel will also investigate the incident and could gather important evidence that could later be used to establish your claim.
4. Many people are under the mistaken impression that every inch of a hotel or casino is under surveillance. This is not the case. Because what happens in Las Vegas stay in Las Vegas, most people who visit our great city do not want to be under surveillance. However, most casinos and hotels have pan tilt and zoom cameras that are capable of panning to most areas of a casino so if you have been hurt, there is a chance there may be surveillance video of the incident. If your incident involves a confrontation with security, then there will more likely than not be surveillance video of the incident as security will likely have contacted surveillance prior to initiating contact with you.
5. You don’t have to see a doctor or medical clinic in Las Vegas if you have been injured if you believe you can wait until you get home to see your own doctor. However, it is imperative that upon arriving home, you get checked out by a medical professional as soon as possible. Not only is it important to document the accident but it is also important to document the fact that you have been injured.
Las Vegas is an exciting town that is fun to visit. However, if you have the misfortune of being injured while you are here, the foregoing tips can help you deal with the process.