To effectively answer whether or not a victim can file a lawsuit after slipping and falling in an AC casino, a few factors must be taken into consideration. It all depends on the facts and circumstances surrounding the slip and fall. Casinos have a legal duty of care to keep their businesses free from the threat of dangerous hazards. Slipping hazards do fall under this duty too. If a guest slips, falls, and becomes injured as a result of the hazard, then the casino may be responsible for injuries or damages.
Now, even though there is liquid on the floor and it is a slipping hazard, there are a few areas that need to be addressed before filing a lawsuit. The attorneys at KM Law Firm will assess the victim’s case in addition to conducting a thorough investigation to obtain further information.
The areas that need to be addressed first include:
- The size of the liquid on the floor
- The color of the liquid
- The lighting conditions
- Whether casino management or an employee was aware of the hazard
- If management or an employee said anything to the victim after the accident
These factors will determine if a patron has a legitimate claim on their hands. Our attorneys are KM Law will need the incident report, if one was made after the accident as well as the casino’s policy on maintenance and inspection. The answers to these questions will be a part of the deciding factor on whether or not you can file a lawsuit against the casino.
Was the Casino Aware of the Hazard?
If it is established that the casino had either noticed or was aware of the liquid on the floor but did nothing to rectify the situation then you have every right to file a lawsuit against them. On the other side of the matter, if the casino didn’t actually know about the liquid it may still be held accountable if it should have been known.
For example, to better demonstrate this would be if the casino had a policy in place that required employees to walk about the premises and inspect the floor for spilled drinks or other hazardous conditions say every 20 minutes or so, but did not carry out this action then the casino may be liable. This is because if the employee had walked around and properly inspected the casino floor, he or she would have seen the liquid and cleaned it up. Video surveillance is a good way to establish how long the liquid was on the floor before the patron fell.
Once evidence is established, the casino accident victim needs to be aware of the time limit for filing. General personal injury claims arise if the patron suffered personal injuries or damages due to another individual’s negligence, in this instance the casino. The claim would take the form of a premises liability against the owner if it involved defective property conditions like security or an unsafe stairwell. A product liability claim can be filed against a manufacturer if the accident involved a malfunctioning product.
Call Kwartler Manus Today
Kwartler Manus sees victims file lawsuits pertaining to slip and fall accidents, elevator or escalator malfunctions, staircase accidents, parking lot accidents, criminal assaults or negligent casino security, robberies, and accidental drowning in pools. One area our attorneys are familiar with is determining whether or not a casino is liable for a patron’s injuries.
When casinos fail to perform due diligence for protecting guests it is very common for injured guests to file a lawsuit. An Atlantic City slip and fall attorney is available to you for further review of the claim you intend to pursue. The professionals will explain in heavy detail your options moving forward. Call us today at 267-214-8608 to schedule a consultation.