Las Vegas Hotel Injuries: How to Prove Fault

Las Vegas hotels have the legal duty to provide their guests with a safe environment to avoid injuries, just like all other businesses. This duty includes ensuring that hotel employees do not act negligently or carelessly when interacting with hotel guests. That being said, there are specific requirements that must be met before an injured guest can hold a Las Vegas hotel liable for any harm suffered while visiting or staying at the venue.

Establishing Negligence

The first element that an injured hotel victim must establish to prove that the Las Vegas hotel is is financially responsible for his or her personal injury claim is negligence. In short, you must show that the hotel breached its duty owed to prevent the injury and that this breach was the actual and legal cause of the injury. Under premises liability law, the type of personal injury law that governs this particular type of case, a hotel guest is owed a higher level of duty than someone who is simply visiting the hotel or an individual who is trespassing on the property.

Notably, the Nevada Supreme Court held in 1994 that a hotel must exercise reasonable care in protecting all individuals on its property, regardless of whether they are guests, visitors, or trespassers. Accordingly, a Las Vegas hotel must regularly inspect its grounds and keep the property in a condition that is reasonably safe. This includes quickly repairing issues or, if they can not be repaired immediately, clearly posting warning signs making guests aware of the condition. Hotels must also follow applicable codes, control infestations of insects and other vermin, exercise reasonable care in their hiring processes, maintain property hotel security, maintain proper locks on hotel room doors, and train pool staff to prevent injuries.

Liability and Damages

This is a legal term that is used when the actions of a hotel employee causes injury to a guest. The employee’s action must have been committed within the scope of his or her job in order for the Las Vegas hotel to be found responsible. Of note, even if the hotel did not approve or order the conduct that caused the injury or it was not aware of the incident and had no direct control of the employee in question at the time of the event, it can still be held liable for the guest’s injuries. Once it can be established that a Las Vegas hotel or employee acted negligently, an injured plaintiff must then prove that an injury occurred and the harm was caused by the negligence.

If an injured plaintiff is able to meet all the elements necessary to prove that a Las Vegas hotel is liable for his or her injuries, monetary compensation may be awarded by a jury. The types of monetary compensation that may be available include lost past and future wages, medical bills, mental anguish, loss of companionship, as well as pain and suffering.

Personal Injury Help in Las Vegas

If you were a guest at a Las Vegas hotel and suffered an injury, or know someone who has, contact the skilled personal injury attorneys at Parry & Pfau. We can explain your rights under applicable law and fight for the compensation you deserve.

(image courtesy of Christopher Alvarenga)