Las Vegas boasts nearly 300 hotels and resorts, catering to thousands of travelers every day. From families seeking a luxury experience to solo travelers wanting to relax and unwind, a hotel is more than just an accommodation. Nevada’s Hotel Safety Act binds all hotels to follow certain cleanliness regulations, offering safe premises and clean rooms.
However, not all hotels follow these regulations. Accidents and injuries can happen due to staff negligence, faulty equipment, and third-party incidents. Hotel guests in Nevada have different rights for their belongings and persons, and if these rights have been violated, you have grounds for suing.
If you’ve been injured at a Las Vegas hotel, understanding the ins and outs of filing a personal injury claim can help you take control of the situation. Let’s take a closer look at the causes and legal grounds for filing a personal injury claim and what steps you can take to prove negligence.
Common Causes of Injuries
There are several reasons to pursue a lawsuit against a Las Vegas lawsuit. Here are some common scenarios:
Slip and Fall Accidents: Las Vegas hotels see thousands of visitors every day, which means they are required to ensure proper maintenance. Slip and fall accidents are extremely common and are caused by wet floors, uneven tiles, broken stairwells, lack of adequate lighting, and objects cluttering walking paths. Moreover, the absence of proper signage, such as a wet floor sign, is another cause of slip and fall accidents.
Food Poisoning: If you believe your hotel used contaminated ingredients or didn’t follow safe food handling procedures, you can sue them for food poisoning.
Poorly Maintained Facilities: Broken furniture, faulty electrical equipment, damaged elevators, and other malfunctioning equipment also lay the groundwork for a personal injury or premises liability claim.
Swimming Pool Injuries: Accidents can happen if a hotel fails to follow adequate safety regulations for swimming pools. This can include a lack of clear signage, unavailability of lifeguards, and lack of life-saving equipment.
Fires: All Las Vegas hotels are bound to have proper fire safety regulations in place, including fire alarms, fire extinguishers, emergency stairs, and an emergency escape plan. Failure to comply showcases negligence on the hotel’s part.
Inadequate Security: Insufficient lighting and a lack of security guards can expose hotel guests to thefts and assaults. If you’ve been attacked by someone on hotel premises or been a victim of theft, you can file a claim to seek compensation.
In addition to the aforementioned causes, there are several other reasons for a hotel injury or accident. If you’re unsure whether you have a case or not, consult with a competent personal injury lawyer. Seek legal help for hotel accidents and injuries in Las Vegas – injured in a hotel to understand the strengths and weaknesses of your case and get fair compensation.
Who Can I Sue in a Hotel Injury Case?
In most hotel injury cases, the hotel itself is the defendant. Since the hotel management is responsible for maintaining keep conditions, you can sue them under premises liability laws. In addition, if a hotel employee directly or indirectly caused you harm, such as spilling a hot beverage on your arms, the hotel can still be held responsible.
In some cases, third parties can be responsible. For example, if you suffered an accident due to a faulty elevator, you can sue the manufacturer or even the construction company. This will fall under vicarious liability.
Remember to comply with the Statute of Limitations, which is the time limit for filing a personal injury lawsuit. In the State of Nevada, the Statute of Limitations is two years from the date of your injury. If you fail to comply with the given time period, your lawsuit will be discarded.
What If I Was Partial to Blame?
A common complication in a hotel injury lawsuit is partial or comparative negligence. Las Vegas, Nevada, follows strict comparative negligence laws, which means you can get compensation as long as the hotel’s negligence outweighs your own.
Authorities will analyze the case and award a percentage of responsibility to each party. If the hotel is found to be at least 50% negligent, you can pursue a lawsuit and claim damages.
For example, imagine you were wearing unsuitable footwear for a slipper floor and took a fall. However, if the hotel fails to put up a warning sign, you can sue for damages.
How to Prove Negligence in a Hotel Injury Claim
There are several key steps you need to take to prove negligence in a civil negligence lawsuit, and hotel injury cases are no different. Here’s a brief breakdown:
Duty of Care: The first step is proving that the defendant (hotel) had a duty of care to keep the premises safe for you. Luckily, under Nevada premises safety laws, hotel owners are bound to do this. To prove duty of care, guests can show billing invoices or other relevant evidence.
Breach of Duty: The next step is showing the hotel breached the duty of care and didn’t take any steps to mitigate unsafe conditions. For example, you can show pictures of wet floors or the lack of warning signs.
Causation: Proving the hotel breached the duty of care isn’t enough. You need to showcase a direct connection between the hotel’s negligence and your injuries. You need to prove that you suffered injury as a result of this breach.
Damages: Lastly, you need to determine a potential settlement amount for damages. This includes economic damages, such as medical bills, loss of wage, and reduced earning capacity, as well as non-economic damages, like loss of enjoyment of life, pain, and emotional suffering.
Steps to Take After Being Injured at a Las Vegas Hotel
Suffering from an injury is a traumatic experience. Here’s what you should do:
- Report the accident to the hotel staff. If you’re with family or friends, ask them to inform the hotel manager.
- Seek medical attention immediately. If left untreated, even minor injuries can turn into long-term issues. Remember that the more time that elapses between your injury and you getting medical care, the harder it will be to prove negligence.
- Collect evidence. Take as many pictures and videos as possible and keep them safe. Avoid sharing them with hotel management as they are critical evidence.
- Contact a personal injury lawyer specializing in hotel injury cases. Your lawyer will analyze the case and determine the best course of action.
Whether it’s a slip-and-fall accident, inadequate security, or food poisoning, you have the right to sue a hotel for negligence and recklessness. Seek legal help to help navigate complex legal procedures and gain fair compensation.
