When you’re hurt in a fall at a Las Vegas casino, hotel, or big-box store, you’re not just trying to recover compensation from another person. You’re dealing with a business, and businesses can carry a different level of insurance coverage.
In this blog, our Las Vegas slip-and-fall attorneys will help you understand what that difference means for your situation and what you should do after a fall.
How Slip and Fall Claims Against Businesses Differ from Other Injury Claims
Let’s say that you’re driving to an appointment when you’re hit by another driver who ran a red light. An auto accident injury attorney in Vegas can use traffic camera footage, police reports, witness statements, and vehicle damage to prove which driver was at fault.
Slip-and-fall claims in a commercial business are not so clear-cut. There may not be witnesses or cameras. It may be your word against the business’s.
In addition, you have to do more than just prove that you fell to actually make a claim. You have to prove that the business caused your fall. This requirement can be quite demanding. You may have to show that the business failed to clean up a spill as quickly as they should have, that they neglected certain repairs, or that they had inadequate lighting. This might send you digging into maintenance records or into a history of premises neglect.
These claims also involve different insurance. The policies for casinos, hotels, retail chains, and other large businesses are built for a much higher level of exposure than a standard auto policy. Whether or not this insurance will cover your fall is typically less straightforward.
Why Las Vegas Businesses Have More Insurance Coverage
Las Vegas is one of the busiest hospitality and entertainment markets in the country. Millions of visitors walk through casinos, stay in hotels, and shop at large retailers every year. Businesses in this environment expect a high volume of people, and their insurance reflects that.
Large commercial policies exist because businesses face a level of risk that individuals simply don’t. However, higher policy limits don’t necessarily make a slip-and-fall claim easier to win.
Large businesses and their insurers have sophisticated teams that are very good at discrediting claims. They will likely try to dispute whether the hazardous condition that caused your fall even existed. They may also try to shift the blame onto you.
How Fault Works in a Slip-and-Fall Claim
As mentioned above, there are several details you must prove for a business to be held responsible for a slip-and-fall accident. You generally need to show that the business was aware (or reasonably should have been aware) of a dangerous condition on their property. You must then show that they failed to address that condition properly and in a reasonable amount of time, which caused your injury.
What that looks like in practice varies. It may take the form of a wet floor with no warning sign or an uneven surface in a high-traffic area. In both of these conditions, the business may have fallen short of its responsibility to keep the property safe.
The burden will be on you to gather enough evidence to show that the business is liable for your fall. Your claim needs solid documentation to stand on its own and show what actually happened.
What to Do After a Fall at a Business
Because falls can be shocking, and because injuries may not present themselves immediately, people often leave the scene of the accident without taking important steps. This can hurt your health and your legal claim.
- Document the scene. Take photos of the area where you fell, including any hazards or signage. The business may clean up the accident scene quickly, destroying evidence in the process. Get the names and contact information from anyone who witnessed the hazard and/or the fall.
- Report the fall. Let the business know what happened and ask for a copy of any incident report that gets filed. This creates an official record of the event at the location where it happened.
- Get medical attention right away. Even falls that don’t feel serious at first can cause injuries that show up later. Not only will immediate care protect your health, but it will also capture a record of your injuries from the very start. This will help you later if the insurance company tries to discredit or downplay your injuries. Keep track of medical bills, lost wages, and any out-of-pocket costs from your recovery.
- Watch your words. Be very careful about what you tell the business’s representatives. A manager or security officer may ask for a statement before you’ve had a chance to get your bearings and assess your injuries. In the pressure of the moment, you might accidentally downplay your damages or suggest that you are in some way at fault for the injury.
Getting the Right Support After a Fall
In a slip-and-fall case like this, you aren’t making a claim against the average Joe. You’re taking on a large business, and large businesses come with serious legal representation. If you try to go through the process on your own, you put yourself at a real disadvantage.
An accident lawyer in Las Vegas can guide you. They can evaluate the strength of your case and help you understand what compensation you may be eligible for. They can help you gather the right evidence to protect your claim. They can also see through the tactics large businesses use to minimize your payout and advocate for your rights.
You don’t have to let Big Business win. The sooner you start gathering evidence and consult with a legal expert, the better chance you have of preserving a complete picture of what happened. With the right support in your corner, you can get back on your feet.