Injured as a Tourist in Las Vegas: Hotels, the Strip and Going Home

Las Vegas is built for visitors, and the vast majority of trips end with nothing worse than sore feet. Every so often, though, a vacation takes a turn: a fall on a slick casino floor, a misstep on a resort staircase, or a car that doesn't stop at a Strip crosswalk.

If that happened to you or someone in your group, this guide can help you take care of yourself and keep your options open.

The short answer: If you are hurt in Las Vegas, get medical care, ask hotel or casino security to make an incident report, and take photos and contact details before you leave town. A Nevada injury claim can usually be handled from home after you return, but Nevada's general deadline to file a personal injury lawsuit is 2 years, so it is wise to get questions answered early.

Hotel and Casino Falls in Las Vegas: The Basic Duty

In general terms, a business that invites the public onto its property is expected to use reasonable care to keep it reasonably safe, and to fix or warn about hazards it knows about or should have found. In a Las Vegas resort, the hazards people report most often are familiar ones:

• Spilled drinks on casino floors and near bars
• Wet surfaces around pools and in restrooms
• Uneven flooring, loose carpet or poorly marked steps
• Dim lighting in walkways and parking garages
• Escalators, moving walkways and elevators that malfunction

A fall alone doesn't mean anyone did anything wrong. The questions are usually what the hazard was, how long it was there, and whether the property knew or should have known about it.

Hotel Incident Reports: What to Expect

Most Las Vegas resorts have security officers who respond to injuries on the property. If you are hurt, ask for security and ask them to make an incident report. A few practical tips:

• Get the report number and the name of the officer who took it. Many properties will not hand you a copy on the spot, but the number helps later.
• Keep your description short and factual. Say what happened and where. You don't need to guess at causes or minimize your pain to be polite.
• Read anything before you sign it. If a written statement doesn't match what happened, you can ask to correct it or decline to sign.
• Write your own account the same day, in a note on your phone, while details are fresh.
• Mention the cameras. Casinos have extensive video coverage. Asking security to preserve the footage of the area and time of your fall is reasonable, and so is having a lawyer send a written preservation request soon after.

When Another Person Causes the Harm: Nevada's Innkeeper Statute, NRS 651.015

Some visitor injuries aren't caused by a wet floor but by another person, such as an assault by another guest. Nevada has a specific statute for that situation.

NRS 651.015 applies to owners and keepers of hotels, inns, motels, motor courts, boardinghouses and lodging houses. It covers the death or injury of a patron or other person on the premises caused by someone who is not an employee under the owner's control or supervision. Under the statute:

• The owner is not civilly liable for that harm unless the wrongful act was foreseeable and there is a preponderance of evidence that the owner did not exercise due care for the person's safety.
• The owner is civilly liable if the wrongful act was foreseeable and the owner failed to take reasonable precautions against it.
• The court decides, as a matter of law, whether the act was foreseeable and whether the owner had a duty to take reasonable precautions.
• A wrongful act is not foreseeable unless the owner failed to exercise due care for the person's safety, or prior incidents of similar wrongful acts occurred on the premises and the owner had notice or knowledge of them.

In plain terms, claims about harm caused by third parties at Nevada lodging properties often turn on what the property knew about similar incidents and what precautions it took. By its terms, the statute addresses harm caused by a non-employee; it does not speak to an ordinary fall caused by a property condition, which follows the general premises rules above.

Pedestrian Crashes on the Las Vegas Strip

Las Vegas Boulevard mixes heavy foot traffic with rideshare pickups, taxis, buses and drivers unfamiliar with the area. If a vehicle hits you on the Strip:

• Call 911 and let officers create a report. Ask for the event or report number.
• Get the driver's information. Nevada law requires a driver involved in a crash that injures someone to stop, give name, address and registration information, and give reasonable help (NRS 484E.010 and 484E.030).
• If it was a rideshare car, ask the driver whether the app was on. Insurance in Nevada changes depending on that answer.
• Photograph the crosswalk, signals and signs, and note whether you were in a marked crosswalk.

Insurers sometimes argue that a pedestrian shared the blame. Under Nevada's comparative negligence statute, NRS 41.141, your own negligence does not bar recovery as long as it is not greater than the negligence of the parties you're seeking recovery from. Your recovery is then reduced by your share.

Before You Fly Home: A Documentation Checklist

The hardest part of a visitor's claim is that the evidence stays in Las Vegas while you go home. Before you leave, if you are able:

1. 1.See a doctor or visit urgent care in Las Vegas, and keep every discharge paper and receipt.
2. 2.Photograph the spot where you were hurt and the hazard itself, from several angles.
3. 3.Photograph your injuries, and keep doing so for a few days after you get home.
4. 4.Collect names and phone numbers of witnesses, including members of your own group.
5. 5.Save your reservation confirmation, room number and folio, plus any receipts showing where you were and when.
6. 6.Keep your shoes and clothing from that day in a bag, unwashed.
7. 7.Write down the incident report number and the names of hotel staff you spoke with.

Then, once you are home, follow up with your own doctor promptly and tell them you were hurt in Nevada. Gaps in care are something insurers often point to.

Handling a Nevada Injury Claim After You Leave Las Vegas

You don't need to stay in Nevada, or come back repeatedly, to pursue a Nevada claim. Much of the work happens by phone, video and electronic signature: gathering records from your providers back home, collecting hotel and police reports, and communicating with insurers. Your treatment continues with your own doctors where you live.

If a lawsuit becomes necessary, some events may require your participation, and some may require travel; that depends on the case and the court. A Nevada-licensed lawyer can explain what to expect for your situation.

The Nevada Deadline for Visitor Injury Claims

Under NRS 11.190(4)(e), an action for personal injury caused by the wrongful act or neglect of another generally must be filed within 2 years. Some claims follow different rules, for example claims involving minors or a government entity, so it is worth confirming your deadline early. Starting sooner also makes it more likely that video and witness information are still available.

FAQ

What should I do if I slip and fall in a Las Vegas casino or hotel?

Get medical attention, ask security to make an incident report, and get the report number. Take photos of the hazard and your injuries, and collect witness names. Write your own account the same day while details are fresh.

Can I get a copy of the hotel incident report after a fall in Las Vegas?

Many properties won't give you a copy on the spot, but you can ask for the report number and the name of the officer who took it. A lawyer can later request the report and related records. Keeping your own written account protects you either way.

Can I file a Nevada injury claim after I go home to another state?

Yes. Much of a Nevada injury claim can be handled remotely through phone, video and electronic signatures, and you can continue treating with your own doctors at home. Whether any travel is needed later depends on the case.

How long do I have to file an injury lawsuit in Nevada as a tourist?

Nevada's general deadline for personal injury lawsuits is 2 years under NRS 11.190(4)(e), whether or not you live in Nevada. Some situations have different rules, so it is wise to have your deadline checked early.

Is a Las Vegas hotel responsible if another guest attacks me?

Nevada's innkeeper statute, NRS 651.015, says a hotel owner is liable for harm caused by a non-employee only if the act was foreseeable and the owner failed to take reasonable precautions or exercise due care. An act generally is not foreseeable unless the owner failed to use due care or knew of prior similar incidents on the premises. The court decides foreseeability and duty.

What if I was hit by a car while walking on the Las Vegas Strip?

Call 911, get the driver's information and the police report number, and photograph the crosswalk and signals. If the driver was a rideshare driver, ask whether the app was on, since that affects insurance. Under NRS 41.141, you can still recover if you were partly at fault, as long as your fault is not greater than the other parties'.

For wills, estate plans, record sealing and other legal paperwork, Frank's flat-fee practice is at signature.law.

Next step

If your Las Vegas trip ended with an injury, you don't need to sort it out from your hotel room or after you've flown home. Frank Stucki, Esq., MBA, a Las Vegas native, can talk through what happened, what to gather and what deadlines apply, wherever you live now. Visit bornandraisedlaw.com or call 702.702.BORN (702-702-2676), or start at frankstucki.com/start.

Frank Stucki, Esq., MBA is licensed in California, Nevada, Washington and Utah; cases in other states are handled with local co-counsel licensed there.

This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising.

Sources

• https://www.leg.state.nv.us/NRS/NRS-651.html (NRS 651.015)
• https://www.leg.state.nv.us/NRS/NRS-011.html (NRS 11.190(4)(e))
• https://www.leg.state.nv.us/NRS/NRS-041.html (NRS 41.141)
• https://www.leg.state.nv.us/NRS/NRS-484E.html (NRS 484E.010, 484E.030)