Filing a Lawsuit Due to Negligent Security at a Casino

May 17, 2023 | Ed Bernstein
Filing a Lawsuit Due to Negligent Security at a Casino

Casino resorts offer their guests a wealth of diversions and amenities. Table games, sports books, and slots attract many visitors to a casino. But these days, so do offerings like shopping, dining, shows, clubs, spas, and pools (to name just a few).

But no one visits a casino expecting to fall victim to a crime or dangerous incident. When that happens—and it’s more common than you might think—the guest who suffered harm may have the right to sue the casino and others for their negligent failure to provide adequate security.

Here’s an overview of what’s involved in filing a lawsuit due to negligent security at a casino and how an experienced premises liability lawyer or an hotel and casino accident attorney can get you compensation.

The Casino’s Duty to Keep You Safe

Filing a Lawsuit Due to Negligent Security at a Casino

People expect to have a good time at a casino because, in part, they trust that it is a reasonably safe place. All businesses that open their premises to the public are legally obligated to take reasonable steps toward keeping their customers safe. Living up to that duty is especially crucial for casinos, which invite people to stay overnight in their rooms, attend crowded events at their venues, and wager money (sometimes lots of it) on their gaming floors.

The reasonable steps dictated by that legal obligation can vary depending on the potentially hazardous property conditions that need addressing.

Generally speaking, the public can usually expect a casino to:

  • Exclude or remove disruptive or dangerous individuals from their premises.
  • Staff public areas, including the casino floors, pool decks, and event spaces, with adequate security personnel to maintain control and safety at all times.
  • Install, maintain, and operate video security systems that monitor guests and employees.
  • Train personnel to spot and respond to dangerous conditions or individuals.
  • Screen employees and contractors for potential security risks.
  • Give guests accessible means to alert security staff to dangerous conditions or individuals.
  • Respond promptly to emergency or dangerous situations.
  • Keep track of security incidents and report them to law enforcement as appropriate or required by law.
  • Create and implement responsible crowd control measures.
  • Keep indoor and outdoor areas adequately lighted, including parking lots and stairways.
  • Install and maintain working locks on hotel room doors.
  • Post adequate emergency exit signage.
  • Keep emergency exits clear of obstructions.

This is a partial list, but it gives you an idea of what the public rightfully expects from casino operators. By inviting you to stay, play, dine, and recreate with them, casinos take on a special responsibility to protect you from security risks no matter where you go on their properties. And if they fall short of meeting those obligations, they could face legal liability for the harm you suffer.

What Can Go Wrong When a Casino’s Security Falls Short

Casinos that fail to provide adequate security measures like the ones listed above put you at risk of suffering severe physical, emotional, and financial harm.

A casino’s negligent security practices could lead to potentially devastating incidents such as:

  • Physical or sexual assaults by other guests or casino workers.
  • Having someone spike or drug your drink.
  • Drowning or nearly drowning in a crowded or unmonitored hotel pool.
  • Drunk driving accidents in casino parking lots or on roads or paths maintained by the casino.
  • Getting mugged anywhere on casino property.
  • Shootings or stampedes at crowded casino nightclubs or events.
  • Theft of property from your room or your person while on casino property.
  • Falling prey to con artists or gaming cheats.

These are just some examples of the sorts of harmful incidents you have every right to expect the casino will take steps to prevent. Speak to an experienced premises liability lawyer today about the circumstances that led to you or your loved one suffering harm at a casino.

Suing a Casino and Others for Negligent Security

If you or someone close to you suffered injuries or losses in any mishap that a casino reasonably should have prevented or kept you safe, you might have the right to sue the casino and others for monetary damages. An experienced premises liability lawyer can handle the entire process of pursuing the lawsuit for negligent casino security on your behalf. A lawyer works to identify the parties who may owe you damages and to prove their liability for the full scope of loss you’ve sustained.

WHO OWES YOU DAMAGES?

Legal liability for the harm you suffered because of a casino’s negligent security can fall on multiple parties.

You might have the right to sue:

  • The casino owner or operator ultimately responsible for the negligent security situation
  • A specific casino employee or contractor who negligently put you in harm’s way or failed to protect you
  • A casino guest who engaged in the harmful conduct a casino should have prevented
  • A drunk driver who caused a crash on the casino premises, or the driver’s employer
  • A manufacturer of casino-supplied safety equipment that failed to function as needed to prevent you from suffering harm

As mentioned above, these are just some examples. An experienced premises liability lawyer investigates what happened to you at a casino to identify all individuals, businesses, or entities who may bear some blame for your losses or have a legal obligation to answer for those who do.

Many parties who face legal liability for the harm someone suffers at a casino carry liability insurance to cover at least some of the victim’s losses. An attorney can analyze that insurance to determine what and how much it covers in your case. A lawyer can also review your insurance to determine if it may also pay for some of your expenses.

WHAT DAMAGES CAN YOU CLAIM?

As the victim of negligent security at a casino, you may have the right to claim monetary damages for the full range of harm you’ve suffered.

A liable party may have a legal obligation to pay for your:

  • Medical expenses related to treating any physical or emotional injuries you suffered
  • The cost of repairing or replacing damaged or lost personal property
  • Other expenditures you’ve had to make because of the negligent security incident or your injuries
  • Lost income and benefits from missing work because of the harm you suffered
  • Future loss of income or earning potential due to a disabling injury or condition
  • Physical pain and discomfort from an injury or medical treatment
  • Emotional suffering and distress due to the incident
  • Loss of independence or quality of life
  • Scars or disfigurement due to your injury

If a court deems the actions or inaction contributing to the cause of your injuries sufficiently extreme, outrageous, or intentional, you may also have the right to seek an award of punitive damages, which aim to punish the at-fault party in your negligent casino security case. Talk to a lawyer for free today to learn about the types and amounts of compensation you may claim.

It Might Not Be Necessary to File a Lawsuit for Negligent Security

Obtaining compensation for the harm you suffered because of negligent security at a casino doesn’t always require filing a lawsuit. An experienced casino premises liability attorney can sometimes convince the at-fault party or insurance company to settle your claim without first taking it to court.

A settlement is an agreement between the parties to a legal dispute to resolve their differences out of court. In a typical settlement, the injured casino guest receives a payment in exchange for releasing the paying party from further liability.

Casinos, in particular, may have a strong incentive to settle negligent security claims. Lawsuits against casinos generate negative publicity, which can drive away guests and hurt their bottom line. Of course, that’s not always the case. Sometimes a casino or other potentially liable will prefer to fight a claim for damages arising from negligent security. In those situations, a lawyer may advise you that the best course of action involves suing in court.

What a Lawyer Can Do for You

You can’t hope to receive full compensation for losses you suffered due to negligent casino security without hiring an experienced casino premises liability lawyer. Pursuing a claim for negligent security against a casino can be a complicated and labor-intensive exercise. A lawyer knows how to handle all aspects of that process on your behalf, maximizing your chances of winning and getting paid in full for your losses.

A casino premises liability lawyer might decide to take various steps to get you compensation. No matter what, however, the lawyer always has a duty to represent your and your interests alone in your negligent casino security case.

The right lawyer for you will, for example:

  • Investigate the negligent security incident to determine precisely how it happened and who should be held accountable.
  • Communicate on your behalf with law enforcement and other official investigators looking into the incident.
  • Handle all dealings on your behalf with insurance companies and the media.
  • Advise you about medical, financial, or life decisions you may need to make that could affect your rights.
  • Answer your questions and explain your options in plain English (or Español).
  • Gather evidence to prove who had liability and how much you deserve in damages.
  • Prepare and file lawsuits or insurance claims seeking payment for your losses.
  • Negotiate potential settlements with casino operators, defense lawyers, or insurance adjusters.
  • Guide you in your decision on whether to accept or reject a settlement offer.
  • Take your case to trial and get the best possible result from a judge or jury.
  • Collect all money owed to you from insurance companies and liable parties .

Lawyers for victims of negligent security at a casino routinely represent their clients on a contingent fee basis. They don’t charge you upfront or hourly fees but instead receive a percentage of the money they succeed in getting for you. If they don’t win for you, you pay them nothing. (Required disclaimer: You may have to pay an opposing party’s court fees and costs in the event of a loss.)

Protect Your Rights as a Victim of Negligent Security at a Casino

The most effective way to ensure you receive the maximum payment available for your losses is to connect with an experienced lawyer immediately to discuss your rights to sue for negligent security at a casino. The sooner you have a lawyer on your side fighting to get you paid, the better your odds of making a successful claim for negligent security at a casino. Having a lawyer also protects you against making costly mistakes or missing critical deadlines.

Your actions, however, can also play a role in protecting your legal rights. Consider following these tips to put yourself in the best position to claim maximum damages.

SEEK APPROPRIATE MEDICAL OR MENTAL HEALTH CARE

Prioritize your health and well-being after suffering harm due to negligent casino security. Seek appropriate medical or mental health care as soon as possible. Do this even if you think you’re okay. Some physical and emotional traumas don’t necessarily show symptoms you can recognize easily. Let a qualified doctor or healthcare professional examine you and begin treating any conditions caused by what happened at the casino.

Seeking care also protects your legal rights. A lawyer can often use your treatment records to support your claim for monetary damages. And those records protect you from accusations that you failed to care for yourself after the casino incident.

DO NOT AGREE TO QUICK OR INFORMAL SETTLEMENTS OR PAYMENTS IN-KIND

A casino or other party may face significant financial liability for the harm you suffered due to negligent security. That’s money they’d prefer not to pay. They may instead offer you a quick cash payment or free casino-related perks (like room stays, meals, chips, or event tickets) to make things right. Do not agree to those proposals, and never sign anything related to them without first consulting with an experienced lawyer.

It may seem like good customer service for a casino to offer you cash or freebies to say, “we’re sorry.” But the value of those offers will inevitably fall far below the amount you have the legal right to claim as damages. And if you take them, you could unknowingly give up your right to sue for additional compensation later. Talk to a lawyer first.

Headshot of Ed Bernstein from Ed Bernstein and Associates
Ed Bernstein, Premises Liability Accident Lawyer 

Contact an Experienced Casino Premises Liability Lawyer Today

If you or someone close to you suffered harm in an incident potentially caused or made worse by negligent casino security, you might have the right to sue for significant monetary damages. Contact an experienced casino personal injury lawyer immediately for a free consultation to learn more.

ABOUT THE AUTHOR

Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.