Visitor Question

Compensation for damaged phone after slip and fall on wet floor in lobby?

Submitted By: Anonymous (Las Vegas, Nevada)

Here are the essential points to my case:

Fell on my wrist and phone when walking in the casino/lobby of the Venetian in Las Vegas. When I got up I saw an unidentified liquid on the floor. I was suggested to file a report by staff. An emergency Medical Assistant checked my vitals. I was offered a band-aid for my hurting wrist. I refused and suggested he offered ice.

Damages: completely broken phone, phone screen protector and case (perfect condition before), stained white expensive dress, hurting wrist (did not need to go to the hospital)

I contacted the Risk Management department to request compensation at least for my phone. They said they will evaluate the video. I called back to understand verdict and I was asked to send a purchase receipt and to identify what was on the floor.

I sent the receipt and sent in the photo I had taken of the floor. I also emphasized that I was assured you would have all the information you needed when I filed the report. I was also asked for a photo of the damaged phone.

I got angry and wrote a complaint stating that it was their responsibility and that I did not want to take more time from my work to assist in their duty, which they said they had all the documentation for at the scene.

I was offered $500, but my receipt states that my phone costs $1,064.80. If I want to buy a new one- it costs more than $1000. Do I accept the offer?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Whether you accept the offer is up to you. However there are some issues you should be aware of:

1) Affirmative Defense – This is a defense in which the defendant (Venetian) introduces evidence which, if found to be credible, will negate its civil liability, even if it is proven that the Venetian committed the alleged acts.

If at the time you fell at the Venetian Hotel you had consumed any amount of alcohol, the Venetian may have an Affirmative defense to your property damage claim.

2) While you may have the receipt for the phone, if like most consumers you were paying for the phone on a monthly basis along with your other phone fees, your equity in the phone was likely much less than the $1,064.80 as shown on the receipt. If that is the case, the Venetian may have another Affirmative defense.

In the event you are unable to settle your claim,you can consider filing a small claims lawsuit against the Venetian in one of Las Vegas Small Claims Courts. The these courts have jurisdiction to hear cases up to $10,000.

Learn more here: Casino Accidents and Injury Claims

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim.

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