Who Is Responsible For Alcohol-Related Injuries In Casinos?
Las Vegas is known for its vibrant nightlife, luxurious casinos, and an atmosphere that encourages indulgence. While enjoying alcohol in moderation is part of the experience for many, excessive drinking can lead to dangerous situations, particularly in the casino environment. When alcohol-related accidents or injuries occur in casinos, the question of who bears the responsibility can become complex. At Mainor Ellis, we can help those who have experienced injuries or harm in Las Vegas casinos.
Understanding Premises Liability in Casinos
Casinos, like other businesses, have a legal duty to maintain a safe environment for their patrons. This responsibility includes ensuring that their property is free from hazardous conditions and that customers are not placed at risk due to negligent actions by staff or other patrons. In Nevada, premises liability laws hold property owners, including casinos, accountable for injuries that occur on their premises when they fail to uphold their duty of care.
When alcohol is involved, the legal landscape can become more complicated. Casinos frequently offer free drinks to encourage gambling, which can lead to excessive consumption. If a patron becomes intoxicated and is injured or causes harm to others, questions of liability can arise, particularly if the casino staff played a role in over-serving alcohol.
Over-Serving Alcohol: When Casinos May Be Liable
Casinos have an obligation to monitor the level of intoxication of their patrons. Nevada’s Dram Shop laws—which govern the liability of establishments that serve alcohol—are more lenient than in many other states, as they generally do not hold casinos or other establishments liable for injuries caused by an intoxicated person. However, exceptions exist, particularly in cases of extreme negligence.
For instance, if a casino staff member continues to serve alcohol to an obviously intoxicated individual, and that person subsequently injures themselves or others, the casino may be held partially liable. While Nevada’s Dram Shop laws protect casinos to an extent, they do not absolve them from all responsibility when it comes to the health and safety of their guests.
Injuries to the Intoxicated Person
If an intoxicated patron injures themselves within the casino, such as by slipping and falling or being involved in an altercation, liability may depend on several factors. If the injury resulted solely from the individual’s intoxicated state, the casino may not be held liable. However, if dangerous conditions in the casino—such as poor lighting, wet floors, or broken furniture—contributed to the accident, the casino could be held accountable for failing to maintain a safe environment.
Injuries to Others Caused by an Intoxicated Patron
A more complex scenario arises when an intoxicated patron injures another person. In such cases, victims may pursue a claim against the individual responsible for the injury. However, they may also consider filing a claim against the casino if it can be proven that the establishment negligently over-served the intoxicated individual or failed to intervene when the person posed a clear risk to others. While these cases can be difficult to prove, they may succeed if there is strong evidence that the casino acted recklessly in its alcohol service practices.
What to Do if You Are Injured
At Mainor Ellis, we specialize in representing clients who have been injured due to negligence in casinos, including alcohol-related incidents. Contact our Las Vegas Casino Accidents and Injury Lawyers today for a consultation to discuss your case and learn how we can help you pursue justice.
Source:
leg.state.nv.us/nrs/nrs-041.html#:~:text=NRS%2041.1305%20Liability%20of%20person,age%3B%20exception%20to%20liability%3B%20damages