QUESTION
Can we still take legal action for my wife falling in a casino?
Asked on Sep 04th, 2013 on Personal Injury - Nevada
More details to this question:
My wife fell in a casino. She has a knee implant before the fall. She uses a 4 wheel walker. The fall on the tile floor, caused the implant to shift sideways. A few days after the fall, she had a total knee revision surgery. The casino stated, by viewing the video, that it looked as if her leg gave out and she fell. Is there still cause to pursue action?
9 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I certainly can't comment on what the video seems to show without having seen it. The casino people see what they want to see. In order for your wife to bring suit, she has to be able to prove that she fell due to some dangerous or defective condition of the floor. Does she have any such evidence? Also, if the casino is on Indian reservation land, she can't bring a legal action in any event. If it is LV or AC, the casino owners have big bucks which they can use to have their lawyers defend against your lawyers.
Answered on Sep 05th, 2013 at 12:30 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Did you answer your own question. you say the video makes it appear she fell when her knee gave way. if you cant prove it was someone else fault how do you thin k you will make a claim and against who please? You always have to prove fault. Fault, fault. Just because you fall in my office does not mean I owe you anything.
Answered on Sep 05th, 2013 at 12:29 PM
Ronald A. Steinberg
What caused her to fall? Unless you can prove that there was a specific defect which directly caused her to fall, you are going to lose. In addition, you have to prove that the defect existed for an unreasonably long period of time before she encountered it, or that the casino had actual knowledge of its existence before she encountered it.
Answered on Sep 05th, 2013 at 10:55 AM
Thomas Edward Gates
You need to show the casino was negligent in some fashion. If the video does not support that claim, then you have no recourse.
Answered on Sep 05th, 2013 at 8:19 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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She will have to show that the fall was a result of negligence on the part of the casino. From what you have described, I do not see any negligence on the part of the casino.
Answered on Sep 05th, 2013 at 8:18 AM
James Eugene Hasser
Not unless you can show that the casino was at fault, somehow. However, from your description, it sounds like the casino had nothing to do with her falling.
Answered on Sep 05th, 2013 at 8:11 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If the casino was not negligent, then there is no basis to sue them. Ask them for a copy of the video and take it to an attorney for review.
Answered on Sep 05th, 2013 at 8:10 AM
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First of all, you cannot trust what the Casino says as they have an interest in persuading you not to file a claim. The question that I have is what does your wife believe caused the fall. What do any witnesses say? How was the lighting? Any floor defects? Was it slippery? .
Answered on Sep 05th, 2013 at 8:05 AM
Yes, if you can prove that the casino was somehow negligent (careless). If your wife's fall was not due to a slippery floor, crack in the tile or other reason attributable to the casino, you would not have a case.
Answered on Sep 05th, 2013 at 7:56 AM