Posted on behalf of Henness & Haight on Apr 30, 2015 in Personal Injury News
Every year, millions of tourists visit Las Vegas' diverse array of casinos, seeking fortune and good times. With so much foot traffic, the odds of someone becoming injured on the property go up astronomically. Most of the injuries occurring on casino property go unreported to the public. Gaming and hospitality companies prefer to take care of claims quickly with settlements that include confidentiality clauses. Their preference to swiftly resolve matters may sometimes place claimants in high-pressure situations. If the settlement is not fair compensation, the plaintiff may wonder where they can turn in order to defend their right to adequate repayment for injury and suffering. Parties who have incurred severe injury, including permanent disfigurement or disability, may need to seek legal representation in order to obtain the full extent that they are rightfully owed.
Each day, casinos invite thousands of patrons to come onto their premises and enjoy themselves. These patrons have a legal right to feel safe and are protected from undue harm. This entitlement holds casinos to a "duty of care" or a legal obligation to do everything they can to prevent foreseeable events that could result in injury. Failing in this duty of care, which is known as a "breach in duty," constitutes negligent behavior. Negligence is the primary means for injured parties to argue for their claim. With minor injuries, the casino is likely to assume fault and settle quickly to appease the injured party and prevent further action while protecting their brand. For major injuries that result in scarring, paralysis, spinal damage, scarring, severe emotional distress or that have high medical and personal costs, the casino may attempt to get away with holding out on the full extent of the claim. Casino's insurers may also choose to dispute the extent of the claim, drawing out the process so they can maintain their quarterly profits. These situations are unjust and would quickly overwhelm someone who is simply trying to seek appropriate compensation. Legal representation can be used in these situations to stand up for the plaintiff's rights and attempt to obtain all that is rightfully owed.
Casinos frequently have packed floors and multiple areas for entertainment, eating, lodging, gambling and other activities. Each one of these situations presents countless potential hazards, including: ● Foodborne illness ● Slip and fall ● Equipment malfunction leading to injury ● Shoving or trampling on overcrowded floors ● Assault by patrons ● Theft or criminal assault as a result of inadequate security ● Shuttle bus accidents All of these situations have the capability of permanently maiming someone or leaving them strapped in medical debt. If these consequences occurred from the casino not upholding their reasonable duty of care, the injured party may be entitled to a liability claim.
There is never any guarantee of receiving a settlement or damages award, but there are ways to help strengthen your case: ● Report your injury to the management as soon as possible; if they are not aware of the injury, they could deny it happened on site. ● Request a copy of the incident report, although it may be confidential. ● Write your own report of the incident. ● Do not refuse any reasonable offer of medical care from onsite staff or paramedics. ● Obtain statements from as many witnesses as possible. ● Take photos or videos of evidence as needed. ● Keep copy of medical records and track all related expenses, including lost wages and loss related to emotional distress. ● Do not accept an offer that could be interpreted as a settlement. With these items in hand, you can improve your ability to defend your injury case. For legal assistance after receiving an injury on a casino premises contact our premises liability lawyers in Las Vegas to discuss your options.