If you are injured inside a Las Vegas hotel or casino and the property failed to take reasonable steps to keep you safe, you may have a Nevada premises liability claim for hotel injury compensation. Nevada law requires hotels to inspect for hazards, fix dangerous conditions, and warn guests about risks they know or should know about. When a fall, collision, or assault happens because those duties were not met, you can pursue payment for medical bills, lost income, and pain and suffering, even if you have already returned home.
Understanding what to do if you are injured at a hotel, how these claims work, and what evidence matters most can help you navigate the process with greater confidence. This overview walks through the steps you can take after an injury, explains how Nevada premises liability law applies to hotels and casinos, and outlines when to seek legal guidance from a Las Vegas hotel injury lawyer.
What to Do Immediately After a Hotel Injury
Even when you feel overwhelmed, the steps you take in the hours after an injury can help preserve your claim. Your priority is your safety and your medical care, but it is also important to create a reliable record of what took place. The following actions help establish a clear foundation for a future hotel injury compensation claim.
Document the Scene and Your Injuries
If it is safe, begin by noting the condition of the area where the incident occurred. Hazards in Strip resorts and Downtown hotels often include wet floors near casinos or buffet areas, torn carpet along long hallways, broken furniture inside guest rooms, or cracked pavement in exterior walkways. Take several photos of the surface where you were hurt, the surrounding lighting, and any visible objects or substances that contributed to your injury.
Next, document your injuries. Photograph any visible bruising, swelling, or cuts. Make a brief note recording the date, time, and hotel area, such as a lobby, casino floor, pool deck, or parking structure. This early documentation provides clarity later, especially if the hotel disputes how or where the injury occurred.
Report the Incident to Hotel Staff
After you gather initial photos, report the incident to hotel staff. You may speak with a front desk associate, a manager, or hotel security. Provide a simple description of what happened and where it occurred. The hotel will typically notify its security or risk management department to respond.
Ask for the names or identification numbers of the employees you speak with and request confirmation that the incident has been logged. You do not need to assign fault or offer detailed explanations. Your goal is to make sure the hotel acknowledges the event and formally records that you were injured on the property.
Request the Incident Report
Hotels often prepare internal incident reports. You may ask whether one will be completed and whether you can receive a copy, a reference number, or simple confirmation that the report exists. Policies vary, so the hotel may not immediately release it, but your request still forms part of the record.
Be cautious about signing detailed statements. Guests sometimes sign forms that later appear in the hotel’s defense. Keep any signature limited to basic facts, such as your contact information, but avoid signing narrative descriptions or opinions about fault.
Preserve Photos, Video, and Physical Evidence
Evidence inside a resort changes quickly. Floors are cleaned, lighting is adjusted, and broken objects are removed. Preserve your photos and videos in a safe location. If your clothing or shoes were damaged or show signs of the incident, keep them unwashed rather than discarding them.
If witnesses saw the event, ask for their contact information. Their statements may help clarify what happened. In many cases, surveillance footage may exist, but hotels often overwrite video automatically. A later spoliation or evidence preservation letter may be needed to request that the hotel retain relevant footage and records.
Seek Medical Care in Las Vegas and Keep Records
If you are injured, seek medical care as soon as possible. Common facilities that treat hotel and casino injuries include UMC Trauma Center, Sunrise Hospital, and providers overseen by the Southern Nevada Health District. Even if you believe you can wait until returning home, early evaluation strengthens the medical link between your symptoms and the incident.
Keep copies of all medical records, imaging, prescriptions, and follow-up recommendations. These documents form the core of your accident in a hotel claim and help demonstrate both the seriousness of the injury and its immediate impact on your life.
Avoid Signing Hotel Forms or Making Recorded Statements
After an injury, you may be contacted by hotel security, risk management personnel, or an insurance adjuster. They may ask you to sign forms, answer detailed written questions, or give a recorded statement. These requests often come when you are still in pain or uncertain about your diagnosis.
Recorded statements and early settlement releases can limit your ability to pursue full compensation. Before you sign documents or participate in recorded interviews, consider speaking with a Las Vegas hotel injury lawyer who can help you understand the implications. Early guidance can prevent mistakes that weaken your claim.
How Liability Works in Nevada Hotel Injury Cases
Hotel injury cases fall under Nevada premises liability law. To recover compensation, you must show more than the fact that the injury occurred on hotel property. You must show that the hotel failed to take reasonable steps to keep you safe as an invitee. Understanding the legal standards that apply helps you evaluate whether the hotel may be responsible for your injuries.
When you review how Nevada defines reasonable care for invitees, how the open and obvious doctrine works after Foster v. Costco, and how notice and foreseeability influence hotel claims, you can better understand what evidence supports your case.
Premises Liability Basics and the Duty of Care
Nevada hotels owe invitees a duty of reasonable care. This includes inspecting the property regularly, discovering hazards in a timely manner, repairing dangerous conditions, and warning guests about risks that may not be immediately visible. The Restatement (Third) of Torts Section 51 reinforces that land possessors must take reasonable steps to protect guests from harm associated with property conditions.
In practice, this means hotels must maintain safe walkways, ensure proper lighting, address spills, repair broken railings, monitor escalators and elevators for malfunction, and ensure that heavy foot traffic areas are reasonably safe. A breach occurs when the hotel fails to perform these responsibilities in a reasonable manner.
How the Open and Obvious Doctrine Applies After Foster v. Costco
Nevada law no longer treats visible hazards as automatic defenses for landowners. In Foster v. Costco, the Nevada Supreme Court clarified that even when a hazard is visible, a landowner may still have a duty to take reasonable precautions if the risk of harm is foreseeable.
For hotel guests, this means that visible wet floors, uneven surfaces, or obstacles do not necessarily defeat a claim. Even obvious hazards may still pose a risk in crowded casino environments or low-light areas. The key question becomes whether the hotel acted reasonably under the circumstances.
Why Notice and Foreseeability Matter in Hotel Claims
To hold a hotel responsible, you must show that it had actual or constructive notice of the dangerous condition. Actual notice means hotel staff knew about the hazard. Constructive notice means the hazard existed long enough or occurred frequently enough that the hotel should have discovered it.
Foreseeability is also critical. Hazards near casino bars, buffet areas, or Fremont Street walkways are common and predictable. When a risk is foreseeable, hotels are expected to take steps such as more frequent inspections, timely cleanups, or appropriate warning signs. A claim strengthens when evidence shows the hotel failed to address a condition it should have anticipated.
Hotel Liability for Crimes and Assaults in Las Vegas
Some hotel injuries involve criminal acts by third parties. While hotels are not responsible for all criminal behavior, they can be liable when negligent security contributes to preventable crime. Understanding when hotels must protect guests, how negligent security appears in resort environments, and what evidence supports these claims helps clarify your legal options.
When Hotels Must Protect Guests from Criminal Acts
Hotels have a duty to provide reasonable security measures once they know or should know that criminal acts may occur on the property. This includes maintaining adequate lighting in parking structures, securing guest-only areas, monitoring entrances, and responding appropriately to prior crimes.
Inadequate lighting, broken locks, limited surveillance, or insufficient patrols can contribute to unsafe conditions. When hotels fail to act on foreseeable risks, they may be liable if a guest is harmed.
Examples of Negligent Security in Las Vegas Resorts
Common negligent security scenarios include poorly lit parking garages along the Strip, limited security presence on casino floors during busy hours, unsecured side entrances, and high-traffic areas in Downtown nightlife districts where security measures are inadequate. These conditions can increase the risk of assaults, robberies, or other criminal acts.
Evidence Needed to Prove a Security Failure
Evidence in negligent security cases may include surveillance footage, LVMPD incident reports, prior crime histories, maintenance records for lighting and access points, and internal hotel policies. Witness statements can also be valuable. Because surveillance footage can be overwritten quickly, early preservation efforts are important.
What Compensation You May Recover After a Hotel Injury
If a hotel is found liable for your injuries, you may recover compensation for the financial and personal losses that resulted from the incident. These damages fall into three main categories.
Economic Damages
Economic damages address the financial impact of the injury. These include medical bills for emergency treatment, follow-up appointments, imaging, surgery, medication, and physical therapy. They also include lost wages, reduced earning capacity, and out-of-pocket expenses related to transportation or household assistance.
Non-Economic Damages
Non-economic damages address the human cost of the injury. These include physical pain, emotional distress, loss of enjoyment of life, and the ways ongoing symptoms affect your daily activities and relationships. These damages depend on the extent of the harm and your medical documentation.
Punitive Damages in Limited Nevada Cases
Punitive damages under NRS 42.005 may be available in rare cases where the hotel’s conduct is found to be malicious, oppressive, or fraudulent. These damages are not awarded in most hotel injury claims and require evidence of conduct that goes far beyond ordinary negligence.
How Nevada’s Comparative Negligence Rule Affects Your Case
Nevada’s comparative negligence system can affect the compensation you receive. Under NRS 41.141, your recovery may be reduced if you are found partially at fault, and you may be barred from recovery entirely if your fault exceeds 50 percent.
Understanding how comparative fault works in hotel environments helps you evaluate the strength of your claim.
Understanding Modified Comparative Fault Under NRS 41.141
A court or insurance company may assess whether your actions contributed to the incident. The hotel may argue that you ignored warning signs, wore inappropriate footwear for a pool deck, or were distracted. If you are found partially at fault, your damages may be reduced accordingly.
Examples of Shared Fault in Hotel Injuries
Shared fault often arises in crowded pool areas, casinos, or convention corridors. The hotel may argue that you slipped because you ran or failed to watch where you were walking. At the same time, hotels know that wet surfaces, spilled drinks, and heavy foot traffic are common. When a hazard is foreseeable, the hotel must take reasonable steps to address it.
How Fault Percentages Impact Compensation
If a jury finds you 20 percent at fault, your compensation is reduced by 20 percent. If you are more than 50 percent at fault, you may not recover. Because these percentages matter significantly, early documentation and consistent medical evidence are important in Las Vegas hotel injury claims.
Deadlines for Filing a Hotel Injury Claim in Nevada
Nevada law limits the amount of time you have to file a hotel injury lawsuit. Missing these deadlines can prevent you from pursuing compensation, even if your injuries are serious.
Nevada’s Statute of Limitations for Hotel Injuries
In most negligence cases, including hotel injuries, NRS 11.190(4)(e) provides a two-year deadline from the date of the injury. If a claim is not filed within this period, it may be dismissed, regardless of the underlying merits.
When Claims Are Filed in the Eighth Judicial District Court
Most hotel injury claims in Las Vegas are filed in the Eighth Judicial District Court in Clark County. Filing requirements and procedures must be followed carefully. Proper venue and correct service of documents are essential to avoid delays or dismissals.
Exceptions and Special Filing Considerations
Certain circumstances can affect the filing deadline, including cases involving minors, wrongful death, or claims against specific entities. In addition, surveillance footage and other hotel records may be destroyed long before the statute of limitations expires. Acting early can help protect both legal and evidentiary timelines.
How to Strengthen Your Hotel Injury Claim and Deal with the Hotel’s Insurance Team
Once you report your injury, hotel risk management and insurance carriers will begin evaluating the claim. You can strengthen your position by preserving key evidence, assembling strong documentation, and approaching communication with caution.
Key Evidence and Documentation
Important evidence includes medical records, witness statements, photographs, videos, and any correspondence with hotel staff. Documentation should demonstrate how the injury occurred, the nature of the hazard, and the extent of your losses.
Preserving Surveillance Footage and Hotel Records
Hotels often maintain extensive surveillance systems, but footage may be overwritten automatically. A spoliation or evidence retention letter can request the preservation of videos, maintenance logs, inspection records, and security reports. Early action can prevent critical evidence from being lost.
Why Early Settlement Offers Often Undervalue Claims
Insurers may extend early settlement offers before the full impact of your injuries is known. These offers may not account for future medical care, ongoing symptoms, or non-economic harm. Before signing release forms or providing recorded statements, it is helpful to consult a lawyer who can evaluate the value of your claim.
When to Contact a Las Vegas Hotel Injury Lawyer
It is often helpful to contact a Las Vegas hotel injury lawyer soon after receiving medical care and documenting the incident. Early legal involvement allows for the preservation of evidence, communication with hotel risk management, and guidance on avoiding statements that could weaken your claim.
A lawyer can help you understand how Nevada premises liability law applies to your case, how comparative negligence may affect your recovery, and what hotel injury compensation may be available. Legal guidance can also be important if you live outside Nevada and were injured while visiting Las Vegas for vacation or business.
Call the Captain: Get Legal Help After a Las Vegas Hotel Injury
A hotel injury can upend your trip and leave you facing medical bills, insurance questions, and pressure from hotel risk management. You do not have to handle that alone. Drummond Law Firm brings disciplined preparation and years of litigation experience to help guests injured in Las Vegas hotels and casinos. We offer free consultations and charge no fees unless we win, and through our Reduced Fee Guarantee®, our fee will never exceed your net recovery. When you reach out, an attorney will review your situation, preserve key evidence, and protect your rights under Nevada law.
Call the Captain today at 702-CAPTAIN or contact us online to schedule your consultation.