UNIQUE CHALLENGES IN CASINO INJURIES
There must be proof of negligence for a casino to be held legally responsible for an injury. One must be able to prove that a dangerous condition caused harm and that the casino knew or should have known about this condition.
IMPORTANCE OF PROOF OF NEGLIGENCE
In proving negligence in a trip and fall or slip and fall case, it is essential to prove existing notice of the dangerous condition. For example, when someone claims compensation for a fall in a casino due to a spilled liquid, they must show that casino personnel were aware of the substance on the floor or that they should have been aware of the situation.
Establishing the cause of the accident and establishing the time of the injury is crucial to any casino accident case. This is because the length of time between the occurrence of the spill and the accident may be compelling proof of the casino’s negligence. A casino accident attorney will help you with this process.
PRESERVING VIDEO EVIDENCE
The Gaming Commission requires casinos to maintain videotaped footage of their premises for a minimum of ten days. This is why consulting a personal injury attorney promptly after an injury can help in securing relevant evidence. Your lawyer will immediately send a letter to the casino to preserve any evidence within this time frame. This is the reason that 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. If you have been injured due to a casino, bathtub fall, you can call a casino accident attorney to help assist you with a claim.
INJURY BY THIRD PARTIES
Unfortunately, casino patrons may be robbed or assaulted on the casino premises by third parties who 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, 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 INJURY TO THE CASINO
Make every effort to talk to management if security is uncooperative. You may inform the casino’s manager of the injury 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 smartphone and obtain witness information and call a casino injury attorney.
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 from people who were around you at the time the injury 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 INJURY CLAIMS
The Law Office of Peter Goldstein successfully handles numerous cases involving casino and hotel injuries, including slip and fall accidents in casino parking lots. 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 hazard detection. We can be your casino injury attorney and assist you with the litigation process.
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 in successfully litigating cases against casinos. This experience has given us a solid grasp of the rules for video retention, policies, procedures, and discovery tools for obtaining reports and other valuable pieces of evidence.
Call Peter Goldstein your casino accident attorney today for a FREE consultation at (702) 474-6400.