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NEVADA PERSONAL INJURY

Negligent Security Lawsuit Against Nevada Hotel

The case of Smith v. Coast Hotels and Casinos, Inc. involved a guest of The Orleans Hotel and Casino being a victim of an alleged ‘trick-roll’. The plaintiff invited two women to his room, and one of them left and soon returned with a person who was alleged to be the woman’s pimp. This person then robbed the plaintiff and shot him.

 

The plaintiff filed a lawsuit against the hotel company for not taking reasonable precautions to prevent this criminal conduct, because the hotel allowed a non-guest to pass the key watch stand, set up to prevent such situations from occurring. The district court ruling granted a summary judgment in a negligence action, establishing that The Orleans was not proven to have knowledge of prior crimes of a similar nature. The Supreme Court of Nevada reversed this district court ruling in an unpublished order.

 

The Supreme Court of Nevada reversed the ruling on appeal because it was in fact established that The Orleans had knowledge of similar crimes happening in the past, and that this was the reason for the key watch stand being set up by the hotel. The hotel had notice and acknowledged their duty to prevent such crimes and to stop non-guests from reaching parts of the hotel where they could commit such crimes.

 

6 Tips from Las Vegas Slip and Fall Attorneys

 

If you happen to slip and fall on the premises of a business (like hotel or nightclub in Las Vega), you need to know your rights and what you should do to protect them. Following are six tips for how to proceed when you’ve been injured in a slip and fall accident.

1. Document the Scene of the Accident

You should take pictures of the accident scene, ask witnesses for assistance, record names and contact information of witnesses, document the condition of anything the area of the fall, and note whether there are safety items and warning signs. You can also save samples of anything that caused the slip and fall.

2. Store Your Clothing

Do not  wash or re-wear the clothes that you were wearing at the time of the slip and fall. Store them in a sealed plastic back in a dry and cool area, as they could be evidence later.

3. File An Accident Report

Ensure that someone in charge on the premises (like business owner or manager) takes your accident report and provides you with a copy. Do not sign it until you read it, and send an evidence preservation letter for any video surveillance of the accident.

4. Seek Medical Treatment

Visit the emergency room or your personal physician to get your injuries diagnosed and treated.

5. Do Not Give a Statement

You are not legally required to give a statement or sign a statement when you’ve been injured in a slip and fall. Politely decline anyone who requests that you do this and request that they speak with your attorney instead.

6. Contact an Attorney

If you have not yet contacted an attorney for your slip and fall case, do so as soon as you can. The business is required to protect anyone on their property from injury with reasonable precautions. An attorney can establish whether the business breached their duty in this regard and whether they are liable for your injuries and damages.

 

Deciding Whether to Settle

If you have experienced injuries due to the negligence, carelessness, or criminal activity of another person or entity, then you have the right to take legal action against this at-fault party. This is usually pursued as a civil case that will be resolved through settlement or by a judgment from a judge or jury. If the case goes to court, the verdict will resolve the claim. However, most cases are settled outside of court through negotiation. An attorney can help you to decide if and when you should settle your case or if you should take it to court.

 

The amount that you should settle for will vary depending on the details of your case. If the insurance company offers a settlement that is too low, you need an attorney who can fight for the compensation that you deserve and advise you on accepting or rejecting the settlement offer. Some factors that will affect the value of your case include the amount of damage sustained and the percentage of fault attributed to each party.

 

You are never obligated to accept the first offer from the insurance company. This is actually not advisable, because you will receive a low offer to begin with. It is better to have a Nevada personal injury attorney on your side who can investigate the case, establish the value of that case, and negotiate for a settlement that covers your damages.

 

There are a lot of details that relate to personal injury accidents, and you may not be aware of the factors that can impact the value of your claim. You may be entitled to compensation for property repairs, lost wages, medical expenses, pain and suffering, and much more. Even with workers’ compensation claims, there are often more details that will affect your claim than you realize. Working with a Nevada personal injury attorney can make all the difference in your understanding of your own case, what you’re entitled to receive, what you can successfully settle your claim for, and whether you should go to court.

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