The Nevada Supreme Court recently reversed a district court’s decision to absolve a casino hotel operator from liability in connection with sexual assault committed by one of its employees.
The case stemmed from an incident involving a female client who checked in the hotel and was sexually assaulted by one of the hotel’s housekeeping personnel. The lower court previously ruled that the hotel could not be held liable for a casino accident if the injury arose from the tortious conduct of its employee. The plaintiff appealed that decision with the Supreme Court.
Nevada Casino Accident Liability
Under Nevada Revised Statutes 41.745(1)©, an employer may be vicariously liable for an employee’s intentional tort when the act complained of is reasonably foreseeable under the circumstances of the case.
An act is considered “reasonably foreseeable” if a person of ordinary intelligence and prudence can reasonably anticipate the conduct and the probability of injury.
In the case before the Supreme Court, the injured party was able to present evidence including:
5 prior sexual assaults committed by the hotel’s employees on hotel premises,
Reports of employees entering occupied rooms without authorization,
Expert report showing that the hotel operator did not have sufficient security at the time the plaintiff was assaulted.
The Supreme Court viewed all the evidence as sufficient circumstances to constitute reasonable foreseeability that the sexual assault or injury to the plaintiff would occur. It rejected the hotel’s argument that the tortious act was committed outside its employee’s scope of work and thus not its liability. The high court remanded the case for further proceedings, ruling that the plaintiffs’ claims could not be decided on summary judgment.
Compensation for Casino Accident
Persons in casinos and hotel premises can suffer injuries when they slip/trip and fall, are struck by falling or spilled objects, or have been assaulted or injured by rowdy or drunk patrons. Following this Nevada Supreme Court decision, some assaults committed by employees may also be included. If you, or a family member, are injured in a casino incident you may be entitled to personal injury compensation against the parties responsible for your injuries.
After obtaining medical treatment for your injuries, the next important step is to speak to a personal injury attorney who can assess your situation and take appropriate steps to gather and preserve evidence for you.
In Las Vegas, Nevada, the Peter Goldstein Law Office has handled over 80 cases in trials and 30 cases in jury trials in a wide range of personal injury cases, including casino accidents.
We welcome your call today at (702) 474-6400 to arrange a free appointment to discuss your case.