Can You Sue a Casino for a Slip and Fall or Other Injury?

Commercial and tribal casinos may be liable for slip and falls and other accidents. Learn how to build a strong personal injury claim or lawsuit.

Casinos are playgrounds for adults. Slot machines, free drinks, and floor shows make casinos popular places to spend time and money. Casinos in America are raking in record-breaking revenue, exceeding $92 billion per year.¹

With thousands of people visiting commercial and tribal-owned casinos every day, accidents like slip and falls are bound to happen.

When you or a loved one have been injured by casino negligence, you are right to expect fair compensation. Getting a fair settlement depends on knowing who is responsible for your injuries, and how to build a strong insurance claim.

When is a Casino Liable for Injuries?

When a casino owner or employee makes a mistake or fails to do what a reasonable person would do, the casino is guilty of negligence. When the casino’s negligence causes someone to get hurt, it means the casino breached its legal duty of care.

Because the casino breached its duty, the injured person is entitled to compensation for their damages.

Premises liability laws require casinos to do everything possible to protect visitors from foreseeable events that could result in injuries.

Casinos don’t have to protect their patrons from every incident that could result in injury, only from incidents a prudent and reasonable casino manager knows, or should know, could result in harm.

For example, a casino manager knows or should know the importance of making regular inspections of slot machine chairs to prevent customer injuries.

Example: Slot Player Injured by Broken Chair

Shirley and her two girlfriends were excited to begin their weekend getaway at a Las Vegas casino. The three ladies headed for the brightly blinking slot machines. As Shirley sat down to play, her chair broke, and she fell to the floor, spraining her back and breaking her wrist.

In this case, the casino manager failed to regularly inspect and repair the game floor swivel chairs, which resulted in a foreseeable fall injury. The casino was therefore liable, meaning responsible for Shirley’s damages.

Damages include things like medical and therapy bills, out-of-pocket expenses for prescriptions and other medical costs, lost wages, and pain and suffering.

When the Injured Person is Responsible

Your injury claim may be reduced or flatly denied if you share some of the blame for the circumstances leading to your injuries.

Contributory Negligence rules are extreme laws affecting personal injury claims in Alabama, Maryland, North Carolina, Virginia, and the District of Columbia. Under pure contributory negligence rules, you lose the right to compensation if you share any blame at all for your injury.

Comparative Negligence rules are the law in most states, allowing you to pursue an injury claim even if you’re partially to blame for your injuries.

In modified comparative fault states, the amount of compensation you can get depends on your share of the blame. In some states, you won’t be eligible for any compensation if you are equally to blame or more to blame for causing your injuries.

In pure comparative fault states, you can seek compensation even if you’re 99% at fault for your accident.

Native American Casinos and Tribal Law

Tribal-owned casinos operate on Native American lands. They have the same amenities as any other casino, including luxury hotels, restaurants, pools, entertainment, and gambling. However, tribal lands are sovereign, meaning self-governing without interference from outside control.

Tribal sovereignty means the federal government recognizes the authority of Native American tribes to govern themselves within United States borders. Technically, tribal lands aren’t part of the United States and are not ruled by state laws.

If you’re injured in a casino on tribal land, the state’s personal injury laws may not apply.

Tribal-owned casino injury claims are handled differently than claims against non-tribal facilities. Casinos on tribal land always have immunity from lawsuits filed in state courts.

Sometimes, casinos will waive their immunity for parts of their casino to make them more enticing to outside customers. It’s a marketing strategy. They may only waive immunity for the bar or the restaurant, not the entire facility. No tribe will ever give up full immunity from prosecution.

Claims filed against a tribal casino’s insurance company are usually handled much the same as any other liability insurance claim. If your claim is denied, or you’re unable to settle, your only recourse will be to file a personal injury lawsuit against the tribe.

The statute of limitations for injury claims under tribal law is much different from state laws, sometimes as short as a few months. If you miss the tribal deadline for filing a claim, you’ve lost your right to seek compensation.

Claims Against Commercial Casinos

Filing an injury claim against a casino outside of Native American territory is like filing an insurance claim against any other company. To succeed in your claim, you must show that the casino was negligent and breached its duty of care to you, and that you were injured as a result.

You can prove the casino was negligent by showing:

  1. The casino had a duty of care to protect you from injury.
  2. Casino management knew or should have known of the dangerous situation.
  3. The casino was negligent by not correcting the danger.
  4. The negligence directly caused your injury.
  5. You have documented damages.

How to Build a Strong Casino Injury Claim

Whether you’re filing an insurance claim or considering a lawsuit, it’s on you to prove the casino is liable for your injuries. Build a strong claim by collecting evidence.

Ask for Help

When you’re hurt, ask to see the manager. The manager will see that you receive appropriate medical care and document your injury and its cause. If your injury is serious enough to require emergency medical services, ask them to call 911.

Tell the casino manager exactly what happened. Show the manager where and how you were injured.

For example, if you were on the dance floor and slipped and fell on a broken glass that cut your leg, show the manager the broken glass. Don’t take any chances. You could need stitches, and if the cut is severe enough, it could have punctured a blood vessel or sliced a tendon.

Ask for the the casino’s insurance company contact information and a copy of the casino’s incident report.

Get Medical Attention

When the paramedics arrive, they will either treat you on the spot or take you to the nearest emergency room. If the paramedics want to take you to the hospital, go with them.

If you aren’t taken directly to the hospital from the scene, you must have a medical evaluation as soon as possible. See your primary care provider or go to the nearest emergency room or urgent care center. If you’re visiting the casino from out of town, ask management to help you arrange for prompt medical attention.

Never refuse or delay medical treatment. The insurance company will jump at the chance to deny your claim by arguing your injury didn’t happen at the casino.

Talk to Witnesses

Witnesses are crucial. Family and friends make good witnesses, but independent onlookers make great witnesses. Independent witnesses have no personal or financial interest in the outcome of your claim, so insurance companies are more likely to rely on them when determining the casino’s liability.

Ask any witnesses to write down what they saw in as much detail as they can remember. Have them sign and date their statement. The more witness statements you have, the stronger your claim will be.

Take Pictures and Video

Don’t hesitate to take pictures. Within minutes after reporting your injury, someone will swoop in to remove the dangerous condition.

Use the audio or video function of your mobile device to record what the manager or employees have to say. An apology will go a long way as an implied admission that the dangerous condition was the casino’s fault. These admissions make strong evidence of negligence.

Confirm Your Damages

If you don’t have proof of medical treatment, you don’t have an injury claim. It’s nearly impossible to win a claim for emotional distress unless you are also physically injured.

Request copies of your medical bills and records from the ambulance service, emergency room, and all medical and mental health care you’ve received. Save receipts for any out-of-pocket expenses like medications, bandages, crutches, and hospital parking lot fees.

Ask your employer for a statement of lost wages, including vacation, sick days, and any bonuses you lost due to the injury.

Common Casino Accidents and Injuries

The most popular casinos are large properties with every imaginable luxury provided to guests, on and off the gambling floor. Casinos are required to keep their property and mechanical equipment clean and safe. Yet, accidents happen every day.

  • Slip and fall accidents: Slip and falls are among the most common casino accidents. Guests can be injured by slipping and falling in casino restaurants, gambling areas, hotel rooms, on shuttle buses, around swimming pools, and in parking lots.
  • Food poisoning: Casinos serve thousands of meals each year. Food left out too long, unsanitary conditions, and employees with unclean hands can cause food poisoning.
  • Broken slot machine chairs: Injuries from broken furniture happen all the time in high-use areas. Casinos normally place hundreds of chairs in front of slot machines.
  • Shuttle bus injuries: Many casinos use shuttle buses to carry patrons to and from hotels and airports. When drivers fail to drive responsibly, accidents can happen with other vehicles. Passengers can also easily fall due to aisle obstructions, slippery steps, and other shuttle bus hazards.
  • Burns: Excessively hot tap water can scald casino guests. Faulty room appliances like irons, coffee makers and hair dryers are other sources of painful burns.
  • Criminal activity: Thieves may pilfer casino hotel rooms. Casino guests may be assaulted and injured by pickpockets, muggers, armed robbers, and rapists.

Casino Negligence Resulting in Injuries

Common causes of casino negligence include:

  • Hiring unqualified employees, like kitchen staff, security guards, and bartenders
  • Slippery floors from leaks and spills
  • Poorly maintained furniture or equipment
  • Poorly maintained stairs, elevators, and escalators
  • Unsafe lighting
  • Lack of security
  • Failing to maintain buildings and parking garages
  • Overserving alcohol

Dram Shop Violations

If you’re the victim of a drunk driver who was over-served alcohol at a casino, the business may have some liability for your damages. In some states, tribal-owned casinos are exempt from dram shop laws.

Dram shop is an antiquated term for bars, taverns, and anywhere alcohol is served. Most states have dram shop laws that allow injured persons to seek compensation from the casino that served the at-fault driver.

When casino employees serve alcoholic drinks to an underage or obviously intoxicated customer, the casino can be held legally responsible for the property damage and injuries the drunk person causes.

Enabling Gambling Addiction

Even though only a small percentage of casino visitors gamble addictively, considering the millions of visitors each year, a significant number of people are damaged by gambling.

Until recently, casinos were generally protected from liability for extreme gambling addiction repercussions like excessive debt, loss of family assets, suicides, and criminal behavior of heavily indebted players.

Casinos argued Assumption of Risk, meaning the gambler knew they could lose everything and knowingly decided to gamble anyway.

Slowly, casinos are beginning to take some responsibility for the public’s welfare when it comes to gambling. Following some high-profile murder cases linked to excessive gambling, the American Gaming Association (AGA) adopted a Code of Conduct for Responsible Gaming.

AGA members, including casino owners, who adopt the pledge agree to:

  • Promote responsible gambling
  • Prevent underage gambling
  • Serve alcoholic beverages responsibly
  • Advertise responsibly

How the AGA pledge will affect personal injury cases arising from gambling addictions remains to be seen. If you believe a casino is to blame for damages to you or your family from excessive gambling, talk to a personal injury attorney in your area.

How to Maximize Your Injury Compensation

If you were hurt at a commercial casino property, you should be able to negotiate a fair settlement for minor injuries without the help of an attorney.

Figure out your claim value by totaling the cost of your medical bills, out-of-pocket expenses, and lost wages. Add one or two times that amount for pain and suffering.

Send a written demand with copies of all your bills, receipts, witness statements, and photographic evidence.

When You Need an Attorney

If you were injured in a Native-owned casino on tribal land, consult a skilled, local personal injury attorney from the start. The attorney will verify the potential value of your claim and tell you what you may be up against under tribal law.

Remember that under tribal law, you may only have a very short time to file a claim or lawsuit to seek compensation from a casino. You can’t afford to wait and see if you can handle negotiations on your own.

Claims against Tribal casinos, complicated cases like Dram Shop and wrongful death claims, and claims for serious injuries like spinal cord injuries, brain trauma, and permanent scarring all require an attorney to maximize your compensation.

Most law firms offer a free consultation to injury victims. Personal injury lawyers usually agree to represent clients on a contingency fee basis, meaning they don’t get paid unless they settle your injury claim or win your case in court.

There’s no obligation, and it costs nothing to find out what an experienced personal injury attorney can do for you.

Casino Injury Claim Questions