Can You Sue a Casino for Injuries Sustained in Their Parking Areas?

It’s fun to have a night out on the town. A favorite activity in Las Vegas is, of course, visiting one of our many casinos. Who doesn’t like food, drinks, and entertainment, right? But a night of fun can turn into a night of pain and frustration should you ever end up injured from the negligence of the casino, or the actions of another patron of the casino.

So if you’re injured in such an instance? Can you file a claim against the casino? Well, that all depends on the circumstances of the incident.

When you CAN and CAN’T file a claim against the casino

There are a few exceptions to filing a claim against a casino for injuries you sustained on their property. You cannot file a claim against the casino when the injury is caused by the actions of a reckless patron and not due to the casino’s negligence. For instance, if a vehicle crashes into you in the casino’s (well-lit, well-maintained) parking lot, then the casino is likely not liable for your injuries.

For other instances where the casino can be found liable for your injuries, then you can file a claim against them in order to obtain compensation for your injuries. A few examples of these might be:

• Slip and fall injuries
• Elevator/escalator malfunctions
• Staircase accidents
• Criminal assaults/negligent security
• Shuttle bus accidents
• Accidental drowning in casino pools

Even if you are in the parking lot or parking garage of the casino, they are still liable for any injuries you sustain due to their negligence. So if you fall in a parking garage due to a pothole, broken step, or faulty lighting, then you could make a premises liability claim against the casino.

Parking garages and lots — assaults and Duty of Care

Businesses such as casinos are subject to a certain responsibility called Duty of Care:

Duty of care is a phrase used within personal injury law that communicates the concept of responsibility. This responsibility is to behave in a way that does not actively, or indirectly harm other individuals. Duty of care is always active; that is, every individual must be responsible for their own actions in settings that could possibly put others at risk.

In other words, casinos must act reasonably to keep their property safe. The casino must make sure that its entire premises are kept safe for their guests, which includes selling safe products as well. This Duty of Care extends to ALL of the premises, including any parking lots or garages.

For instance, if someone assaults you in the parking lot, you could make a claim that the casino is liable because the security in that area of the lot was obviously not well-staffed, and put you at risk. Or, if you fall and hurt yourself going down the ramp in the parking garage, it could have been due to a botched pavement job; therefore, the casino could be held liable for your injury.

Now, in those very same instances, the casino might not be liable, depending on if their premises were duly safe. What if there had been proper security, and yet you were still assaulted? Or what if the pavement was fine when you fell? Other instances where the property may not be liable include:

• Assumption of risk – Contexts where potential for injury is assumed, like taking part in contact sports, removes a party’s duty of care if injury occurs.
• Waiver of liability – If the claimant signed a waiver of liability provided by the defendant, they assume responsibility for their own injury.
• Violation of law – If injury occurs while breaking the law, duty of care is void.
• Justification – In some cases, duty of care can be waived based on context. Swerving to avoid children that run into the street and crashing into another car is not the same as negligent driving.

Keep in mind, every situation is unique and whether these instances apply will depend on the facts and circumstances of each case. It is best to talk to an attorney to let them analyze the facts.

Parking garages and lots — car accidents

What is more likely to happen in the parking area of a casino is an accident of some sort involving your car. In these instances, can you hold the casino liable for your accident?

Again, it depends on the circumstances. If a person drives off the top of a multi-story garage because there was not enough proper lighting or reflective signage, or because there was only a chain link fence instead of a concrete wall, then there might be a case for a claim. But if you were hit by someone else in the parking area, or if you were involved in a crash where you or the other person involved had been drinking, then it is likely that you cannot hold the casino liable for your damages. Instead, you may wish to file a claim against the other driver if they were the one responsible for your crash.

Parking areas are deceptive. They aren’t a fast-paced highway, so we might let our guard down a little when we finally make it to a parking lot, but “[a]ccording to the National Safety Council, over 60,000 people are injured in parking lots every year. Additionally, 500 people die per year in parking lot accidents, and there are more than 50,000 crashes in parking lots and garages annually.” It’s important to take as much caution in a parking area as we would if we were on the road.

Casinos are fun, and our nights of fun shouldn’t be ruined by an injury sustained in a parking garage or parking lot. However, should this happen to you, then you should know exactly who’s at fault, and how to get the compensation you deserve. If you’ve been injured in the parking area of a casino, and think you have a case, call the Las Vegas injury attorneys at Claggett & Sykes for experienced legal help. You can reach us at 702-333-7777 or use our contact form to set up an appointment at one of our Las Vegas or Reno locations.