The Cosmopolitan of Las Vegas is the sort of complex that attracts many customers whether it’s to gamble in the casino or spend a leisurely night out at a restaurant or just simply to relax in one of the thousands of rooms available. It’s hard for any large casino to monitor or the possible hazards that could cause an injury to one of the patrons. However, it’s the duty of the management and staff to keep the public areas safe for use.
If you happen to slip and fall on some fast food trash thrown on the floor which should have been removed earlier and you hit your head on a nearby table causing a serious traumatic brain injury you may be entitled to file a damages claim from the hotel management.
An unexpected injury can be expensive but if you can provide the evidence that your injury was due to negligence you can be compensated for the expenses you have incurred.
Damages You Should Claim if You Have Had a Slip and Fall Injury
It’s not just the usual medical costs that you are entitled to as there are other less obvious expenses, such as:
- Medical costs: This includes the cost of ambulance, the cost of medical treatment and the cost of hospitalization. These can all be included in a damages claim as long as you have kept the receipts that show what you have paid for.
- Loss of earnings: When you need to go to hospital for treatment you won’t be able to go to work, so you won’t get paid. You don’t need to use holiday pay entitlements to cover for your unexpected absence but you can include this in a damages claim so this loss in earnings is paid by the hotel which was negligent.
- Damaged property: If when you slipped and fell you tore your clothing beyond repair you can include the value of a replacement in your personal injury claim.
- Pain and suffering: All injuries add to pain and suffering and if this affects the routine duties you perform every day a value can be put on this pain and suffering as part of your claim.
Personal Injuries That Can Occur in a Slip and Fall at a Casino
If you head out to a hotel and casino to have a good time, you don’t expect to suffer injuries in a slip and fall. It is only normal to expect that the casino’s premises be safe and free from obstacles. Such places have a responsibility to keep the premises safe and clean for its customers and visitors.
If you slip and fall because of a drink that has been spilled on the casino floor, or because of rug that isn’t laying flat and properly placed so it cannot slip, you can suffer a variety of injuries. Other ways you may fall at a hotel and casino could be because of cracked pavement in the parking lot, broken concrete on the sidewalk or patio, or loose tiles on the floor in the casino.
Any of these things require the proper attention. The areas should be cordoned off so visitors cannot access them and then slip and fall. Any areas where there are spills, or where they have mopped to clean up a mess, should be marked with a “Wet Floor” sign to warn visitors of the risks so they will steer clear or use caution.
If this duty is breached and the facilities aren’t kept safe, and you suffer a slip and fall, then the casino has acted negligently. You must then show that your injuries were a direct result of the accident caused by the breach of duty.
Kinds of Injuries Suffered in a Slip and Fall at a Casino
There are dozens of kinds of injuries that can result from a slip and fall at a casino. Often, injuries include broken bones, back and neck injuries, traumatic brain injuries ranging from concussions to permanent brain damage, lacerations, contusions, soft tissue injuries such as sprains and whiplash, and more. The injury depends on where you fell, why you fell, and how you fell.
It is important to establish medical care right away, so you can show that your injuries are directly caused by the slip and fall on casino property. If you postpone your medical care, it may be challenging to show that your injuries were caused when you fell at the casino.
Ask any and all witnesses to provide written statements regarding what they saw. You should also get their names and contact details.
It is important to let an employee of the casino know about your accident. They will need to complete an accident report. They should get a statement from you as well as from any witnesses.
You should also try to get photos of the accident scene, if you are physically able to do so. Maintain detailed records to support your claim and to show your damages.
What To Do To Get Evidence For Your Slip and Fall Claim
You should maintain evidence to support your slip and fall claim. There are dozens of different kinds of evidence that you can submit to support your claim. Of course, the more evidence that you can provide, the more likely you are to have a successful claim. Here are some of the more commonly used kinds of evidence that can support your slip and fall accident claim:
- Notify the casino right away – tell either an employee or preferably a manager
- Complete a statement that details what happened and how it happened
- Call an ambulance if injuries are serious and you need transport to the ER
- Call the police so an accident report can be filed by the responding officer
- Take photos of the accident scene and of the visible injuries that you suffered
- Get written statements from any witnesses
- Check to see if the slip and fall may have been captured by surveillance cameras
- Establish medical care and maintain through records, such as medical bills and medical records
- Document all your missed work and lost wages
Always keep copies of all the records, so you can use them to support your claim when you send a demand letter and notify the casino that you will be holding them responsible for your damages.
The Statute of Limitations
Every state has laws regarding the statute of limitations – or the time limit – that accident victims have in order to pursue a personal injury claim to recover damages. This time limit varies from one state to the next. You need to familiarize yourself with the state laws where you are regarding the pursuit of a personal injury claim.
If you wait too long, you will not be able to receive any compensation for your damages. In most states, the statute of limitations varies from a year to three years after the accident. Different kinds of accidents may have different statute of limitations.
As an example, there may be a year to pursue a claim after an auto accident, but three years may be allowed to pursue a claim following a medical malpractice case. A personal injury lawyer will be familiar with your state laws and will be able to determine how to proceed with your claim and how long you have to get your claim underway.
Consult With a Personal Injury Attorney After A Casino Slip and Fall
If you have suffered injuries in a slip and fall at a hotel and casino, you should consult with a personal injury lawyer who handles slip and fall claims in the area. You will not have to pay anything out of pocket because personal injury lawyers take cases on a contingency basis, which means that the attorney will not be paid until you win your claim and recover compensation through a judgment or a settlement.
An attorney will protect your rights and will gather supporting evidence to prove that your injuries were caused by the negligence of the casino and its staff. Complete the Free Case Evaluation Form to share the details of your casino slip and fall with an attorney who handles slip and fall cases in your state. Act now because you don’t want to wait until it is too late to file a claim for your deserved compensation for your damages.
Why You Should Contact an Attorney
You may have a good idea of the value of your claim, but you never know if your estimate is right. Therefore it’s best to hire a knowledgeable attorney who will be able to calculate a fair settlement for the value of your injury and ensure you get what you are entitled to.
Personal injury attorneys are rarely paid unless you win your claim, so there is no harm in discussing your claim with an attorney as soon as you can.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the Cosmopolitan, or any other party, you may not be entitled to any compensation.
