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Hotel accidents can involve everything from Slip, Trip and Falls, assault and batteries, bed bugs, to foodborne illness. Our law firm specializes in hotel related claims as we have sued nearly every Las Vegas strip hotel and casino. Accidents can involve every department including the valet, casino, show venues, restaurants, walk-ways, and the hotel rooms. Criminal activity is often a problem that no hotel personnel can necessarily predict, however, certain events may be repetitive and become not only foreseeable but create liability for the hotel; this is becoming more frequent in the cases for negligent security.
Cameras link the casino to the “eye in the sky” as a protection of the casino against gaming cheats. In addition, it protects the casino in the event of a crime whether it be a robbery or car bomb as it records events that occur throughout the premises. Many victims believe there accident must have been recorded due to the multitude of cameras. This is not always the case. Hotels have a duty to protect and preserve evidence. See the landmark case of Fire Ins. Exchange v. Zenith Radio Corp., 747 P.2d 911, 914 (Nev. 1987). This case was the beginning of a set of cases that set up consequenses for the destruction of evidence. Thus, the hotels and casinos must preserve the video reports that contain accidents, or risk that their case be dismissed, or an adverse jury instruction intructing the jury that the missing item must be inferred to benefit the victim.
Much of the accident facts are preserved in the incident report which is usually drafted and assembled by the hotel security. These items are typically not disclosed to the victim and are held internally by the casino. A lawsuit must be filed to get these documents.
The payment of medical expenses is sometimes promised by the hotelier after an accident. When an acute injury occurs, victims are often rushed to the in house medical clinic that is owned and run by the hotel. The MGM has its own clinic located on Harmon avenue that treats its employees. These charges are usually taken on by the hotel for obvious reasons. Often, when a victim returns home they are faced with medical expenses they simply cannot afford. Health insurance must pay for an accident injury; however, few Americans have the luxury of such coverage.
Injured persons who wish to settle their own claim run many risks. First, what is the appropriate settlement amount? Often, the victim is simply ignored once they return home. For those fortunate to receive an offer, it is usually followed by “release of claims” which permanently and forever releases the claim. Signing such a release should be reviewed by a legal professional. It is not uncommon to receive false promises regarding the claim. “Medical expenses will be taken care of.” Then, the calls are never returned, and no proof exists of the promise. Risk management departments are also governed like insurance companies by the Nevada Fair Claims Practices act, as well as numerous insurance regulations. The regulations concerned with here are the provisions that deal with handling claims. False promises are illegal. Moreover, any suggestion for you to not seek an attorney is also illegal. For more information see: CHAPTER 598A - UNFAIR TRADE PRACTICES.
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Did you Know: Benson & Bingham has 3 location in Southern Nevada? Each location gets reviews and we’re proud to stand by these reviews as client satisfaction is paramount.