Articles Posted in Slip and Fall

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Slips and falls are a part of everyday life. If you slip and fall on the premises of a business, such as a Las Vegas hotel or nightclub, it is important to take steps to protect your rights. Here are six tips:

1. Document the scene: As soon as you can, start taking pictures of the full accident scene. If you are alone, ask a friendly witness to help. Take down the names of any witnesses and their contact information. Make a note of any witnesses who also may be taking pictures. Document the condition of and any items in the area where you fall. Also note if there are no noticeable safety items or warning signs. Save a sample of any perishable or nonperishable item that may have caused your slip and fall.
2. Your clothes are important: Do not wash or wear your clothes after a slip and fall. Store them in a sealed plastic bag, then store the bag in a dry, cool spot.
3. File an Accident Report: Before you leave the premises, make sure the business owner, manager, or someone in charge takes your accident report, and gives you a copy. Before you sign it, read it. If there is video surveillance in the store or area, send an evidence preservation letter demanding the business to preserve all video of the incident.
4. Seek Medical Attention: Go to your personal physician or a hospital ER to have your injuries diagnosed and treated. If possible, have images taken of any present and potential injuries.
5. Do not Give a Statement: Remember, you are not legally required to give or sign a statement after a slip and fall. If anyone representing the business, including the business’ attorney and/or insurance company, asks for a statement, politely decline and refer them to your attorney.
6. Seek the Advice of an Experienced Slip and Fall Attorney: Businesses are required to take reasonable steps to protect their patrons from injury. If a dangerous condition is reasonably foreseeable, but a business fails to take action, they can be negligent and liable for damages. An experienced attorney can assess your situation, provide legal representation, and make sure any claim is filed timely.
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With hundreds of nightclubs, thousands of party-goers pour into Las Vegas nightclubs each week. As such nightclub accidents can and will happen for many reasons. Know the potential dangers of nightclub accidents so you can protect your rights, as soon as possible, if you or your companions are injured.

Injuries in a Las Vegas nightclub are covered under Nevada’s premises liability laws. As licensed proprietors, Las Vegas nightclub owners, their employees, and agents are expected to know the premises liability laws. Basically, under Nevada law, Las Vegas nightclubs need to exercise reasonable and ordinary care to make their establishments safe for their guests. Basile v. Union Plaza Hotel & Casino, 887 P. 2d 273 (Nev. 1994). If a person is injured in a Las Vegas nightclub, the nightclub is liable if …
1) the negligence of the nightclub’s property owner or manager, not the person who was injured, causes the injury, and 2) the nightclub’s property owner or manager knew or should have known that a dangerous condition which could cause injury existed, but despite having this knowledge failed to act.

For instance, if a nightclub guest spills a drink and another guest immediately slips and fall it is questionable that the nightclub’s owner or manager had sufficient time to know of the dangerous condition and act to make it safe. However if the nightclub’s owner or manager, or one of their employees or agents sees the drink spill and does not immediately act to remedy the situation and a guest slips and falls, it is a known unsafe condition and the nightclub can be liable for the injury.

In addition to being liable for injuries caused by their owner, manager, employees, and agents, Las Vegas nightclubs can also be liable if, while in the act of committing a crime, a third-party injures a guest AND the nightclub knows that crimes have previously happened on the nightclub premises.

In Doud v. Las Vegas Hilton Corp., a patron legally parked his RV in the Las Vegas Hilton Hotel and Casino’s parking lot. When the patron went back to his RV he was savagely attacked and severely injured. The patron filed a premises liability lawsuit arguing the Las Vegas Hilton was liable because the Hilton negligently failed to staff the premises, which included the parking lot, with an adequate amount of security.

Nevada’s District Court decided the attack and robbery were not foreseeable and therefore the Hilton had no knowledge any of their patrons were in any danger from third parties. The District Court denied the patron relief and granted summary judgment to the Hilton. Upon review, the Nevada Supreme Court reversed the lower court’s decision, holding that a previous robbery in the Hilton’s parking lot, along with 85 other criminal acts at the Hilton premises (of which 78 occurred in Hilton parking lots) raised a material issue of fact as to whether the Hilton management should have been on notice there was potential danger on its premises. See Doud v. Las Vegas Hilton Corp., 864 P. 2d 796 (Nev. 1993).

Though the most common premises liability cases are slip, trip, and fall accidents, nightclub owners can also be found liable for injuries that ensue from circumstances that are the result of unsafe, dangerous, or defective conditions, or deficient maintenance. Examples are:
1) defective lighting 2) equipment that was installed or maintained improperly 3) exposure to chemical hazards, and 4) animal attacks.
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Accidents come in many forms: automobile, boating, plane, train, slip and fall, dog bites, work related and defective products just to name a few. The most important thing in any accident is to immediately call 911, and not another number like 311 or a medical response company according to county and health district officials. No mater how common or rare an accident is, reporting it should be one of the first things that happen after an accident.

An accident occurred at a Las Vegas casino a couple years ago and they were fined for their failure to do so after a man fell 40 feet to his death. A major reason this is so important is the Southern Nevada’s dual response system that sends a fire department and a paramedic team simultaneously to the scene of an accident.

If you have been injured in an accident or would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours, or call toll free 866-414-0400.

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Recently the Nevada Supreme Court ruled on a case involving the Rio All Suites Hotel & Casino and an employee who was injured on the job. Kathryn Phillips, an employee at the casino for 17 years, walked up and down two flights of stairs six times every eight-hour shift. One day she fell down them and fractured her ankle. Her workers compensation claim was denied and she was forced to take her case to court.

The lawsuit made its way to the Nevada Supreme Court at the end of 2010 and the decision from a lower court was upheld. The Courts ruled that she deserved to receive her benefits. The frequency in which she was required to use the stairs put her at a greater risk of injury than faced by the general public. An “increased risk test” should be used to determine whether an employee is entitled to benefits when injured on the job.

The full article is featured in the Las Vegas Sun: Court Rules in Las Vegas Casino Industrial Injury Case.
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A broken pipe at the Wynn Las Vegas Hotel and Resort spilled about 200 gallons of sulfuric acid into Las Vegas Boulevard. The Boulevard, as well as Spring Mountain Road, Interstate 15 eastbound off-ramps, and Circus Circus Drive were closed temporarily for successful clean-up.

Unfortunately, the chemical spill caused a man to slip and fall outside the resort. He was transported to the Sunrise Hospital and Medical Center where is in stable condition.

The full article is featured in the Las Vegas Sun: Sulfuric acid leak disrupts Strip traffic, sends 1 to hospital
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