Have Fun and Be Cautious
You came to play; you left with an injury. In a large casino, it is almost impossible to be sure that an accident won’t happen at some time or another. Many accidents are caused by human error.
If negligence has caused your injuries, you should consider the possibility of filing a personal injury claim against whoever was at fault. An attorney with experience in accident claims can advise you and help negotiate a settlement. Additionally, they may be able to help you with the nitty-gritty, complicated details that come with filing a claim.
How Injuries Can Happen
If you are staying at the Mohegan Sun, or any other casino and hotel, or if you are there just to have some fun, you don't expect to encounter risks, such as spills or messes that are hazardous. When you visit the establishment, the owners and operators owe you the duty of maintaining safe premises, so you will not suffer an injury. If they breach that duty, they can be held liable for the damages that you suffer.
There are many ways you could suffer a slip and fall at a casino or hotel. For example, if a drink is spilled on the floor, they have the responsibility to either warn patrons or to clean it up right away. If you walk across the casino floor then slip and fall because a drink left a slippery spot on the floor, you can hold the casino responsible.
If you are walking across the parking lot at the hotel and casino and trip over broken pavement, that can also be a breach of duty. The business must properly maintain its property and premises, so if they fail to fix any problems or warn the customers of the hazards and an accident occurs, they are liable for the damages.
If you can prove that all four elements of negligence have been met, you may have a successful personal injury claim for their premises liability situation. Documentation is key to the success of your personal injury claim, so you will need to show that the facility and its staff were negligent. Here are the four elements of negligence and how they may apply to a slip and fall.
- First, you must show that the hotel and casino owes you a duty. That is easy because all businesses have a duty to protect customers from harm. This means the premises must be properly maintained and cleaned so there are no risks. That means any dangers must be promptly cleaned and repaired and warnings must be placed if there are risks.
- Secondly, that duty was breached. As an example, the spill wasn’t cleaned up or the needed repairs were not made. Because of those delays, you suffered a slip and fall.
- Third, your slip and fall was a direct breach of the lack of duty. If the spill wasn’t on the floor, or if the tiles were not loose, you would not have tripped and fell.
- Then lastly, you must show that your damages and injuries were a direct result of the slip and fall at the casino or hotel.
There are many places in the casinos where slip and fall risks can exist. After all, the facilities include a sports arena, bar, casino floor, hotel, and swimming pool. A fall on the wet area by the pool or a trip over a rug in the hotel could lead to serious trouble.
Damages You Might be Entitled To
You may be entitled to a number of separate payments. It is important to calculate these as accurately as possible. Don’t forget to include any future requirements such as extended medical treatment.
- Property damage is the least difficult payment to calculate and include in your claim. If you trip over the entrance to an elevator in the casino because the door way was not level with the floor outside and you break a pair of spectacles when you fall, the replacement cost should be included as damages.
- Medical bills up to the time of the claim and any future costs should include anything like hospital treatment, medication, and transport to and from a medical center, rehabilitation and special equipment like a wheel chair.
- Lost wages, salary or business earnings up to the time of the claim and anything into the future should be in the claim.
- Pain and suffering is a somewhat nebulous term; it tends to be a subjective experience. However, your attorney can usually suggest an amount to cover this important aspect of your claim.
A Claim May Require the Help of an Attorney
If you are badly injured while in the casino or the adjacent grounds, you would certainly be considering making a personal injury claim if you were sure that the injuries were caused by something that one of the people working in the casino did or did not do right.
It can be very frustrating trying to negotiate with a big organization all by yourself. It helps to use an experienced personal injury attorney to assess your circumstances and suggest a suitable claim amount. If legal action is recommended, you could leave the negotiating to the attorney.
Finally, keep in mind that there is rarely any worry about having to pay legal fees up front; attorneys are normally only paid if a claim is settled in your favor.
Maintaining Evidence
You will need documentation to support your claim. Be sure to jot down details while the incident is still fresh in your memory. If possible, get photos of the accident scene ask any witnesses to provide written statements regarding what they saw and be sure to get their names and contact details. Keep all medical records and medical bills and be sure to document any missed work and lost wages. Your personal injury lawyer will help you gather evidence and prove that negligence by the hotel or casino caused your slip and fall.
Because time is of the essence, get your Free Case Evaluation with an attorney who handles personal injury claims, such as slip and falls or other premises liability issues today. You don’t want to wait too late to pursue a claim and recover compensation for your damages. Personal injury lawyers work on a contingency basis, and they know how to handle cases involving tribal businesses. Don’t wait too late to get the help you need after your fall.
*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 Mohegan Sun, or any other party, you may not be entitled to any compensation.
