TYPES OF CASINO ACCIDENTS AND HOTEL ACCIDENTS
UNIQUE CHALLENGES IN CASINO ACCIDENTS
There must be proof of negligence for a casino to be held legally responsible for an accident. One must be able to prove that a dangerous condition caused harm or injury and that the casino knew or should have known about this condition.
IMPORTANCE OF PROOF OF NEGLIGENCE
In proving negligence in a trip or slip and fall case, it is essential to prove notice of the dangerous condition; for example, spilled liquid on the floor. Anyone claiming compensation for a casino accident must show that casino personnel were actually aware that the substance was on the floor or that they should have been aware of the situation.
Establishing the cause of the accident and the time of the injury is crucial in any casino accident case. The length of time between the occurrence of the spill and the accident may be compelling evidence of the casino's negligence.
PRESERVING VIDEO EVIDENCE
The Gaming Commission requires casinos to maintain videotaped footage taken at their premises for a minimum of ten days. Consulting a personal injury attorney promptly after an accident can help in securing relevant evidence. Your lawyer will immediately send a letter to the casino to preserve any evidence within the ten-day period or later. The video should not be destroyed if it is available.
FALLING IN BATHTUBS
The most common injuries in hotels involve patrons falling in slippery bathtubs. Hotel casinos are bound by industry standards of care to ensure that persons using their bathtubs do not slip and fall. Thus, casinos must ensure that the bottom of the tub has a textured surface, a rubber mat, or other friction device to prevent a fall.
INJURY BY THIRD PARTIES
Casino patrons may be robbed or assaulted by third parties who are on the casino premises to prey on innocent people. The casino may be liable for such injury if it can be proven that the injury could have been prevented through timely intervention. Similarly, in a situation where a patron is drunk and unruly or is acting in a way that is indicative of possible violent behavior, the casino must remove that person from its premises. The casino may be held liable for the harm or injury sustained if the unruly patron continues to remain on the premises and subsequently assaults another patron.
REPORTING AN ACCIDENT OR INJURY TO THE CASINO
Make every effort to talk to management if security is uncooperative. You may inform the casino's manager of the accident and request that they document and report the injury. If the casino management refuses to make a report of the incident, you can document it with your smart phone and obtain witness information.
Casinos often hire porters to canvas areas and security personnel to document accidents within the casino premises. It is your duty to cooperate with security personnel and allow them to compile a thorough report of the accident
Testimony of people who were around you at the time the accident occurred can help in establishing the casino's negligence. In presenting testimony of witnesses, strangers make the best witnesses rather than friends and relatives as their credibility is rarely questioned for potential bias.
OUR EXPERIENCE DEALING WITH CASINO ACCIDENT CLAIMS
The Law Office of Peter Goldstein successfully handled numerous cases involving casino accidents, hotel accidents, slip and fall accidents in parking lots and casinos. Many of these accidents were caused by a defect in the design or by maintenance problems, such as the absence of a guardrail or a problem with visibility that made it difficult for you to detect the existence of a fall or trip hazard.
One case handled by our firm involved a woman who fell and suffered a fracture of the coccyx. We were able to establish that the parking structure was designed in such a way that made the drop off barely visible, resulting in a hazard that led to our client's fall.
CHOOSING THE LAW OFFICE OF PETER GOLDSTEIN
Our firm has years of experience successfully litigating against casinos. We have a solid grasp of the rules for video retention, policies and procedures, and discovery tools for obtaining reports and other valuable pieces of evidence. We are well aware of staffing and maintenance issues that can lead to accidents, and of industry procedures for overseeing internal housekeeping and security duties.
Call your personal injury attorney today for a free consultation (702) 474-6400.