Example: Mary and the Spilled Soda
For example, let’s say you and your friend Mary take a trip to Atlantic City for the weekend. You enjoy gambling, taking in a show, eating at the buffets, and doing a little shopping. As Mary is getting up from her slot machine, she slips on a puddle of soda and falls, breaking her hip. No more fun weekend at AC — now it’s a trip to the hospital and months of recovery time. Can Mary sue the casino for her fall?
As premises liability law tells us, any commercial establishment has the duty to keep the property free from any dangerous conditions. If the management and/or property owners fail in this duty of care, then the accident victim will have a chance to sue. And casinos are no exception to this rule.
If you have a slip and fall at a casino, then yes, the casino is liable for your injuries as long as you can prove that the casino had known about the hazard before the accident occurred. So in the case above, if the employees had not known about the spill before the accident or it just occurred before the accident, then the casino may not be held liable.
But the Casino Can Be Held Responsible
However, there is the mode of operation that could have an impact on your case. As we’ve mentioned before, the mode of operation rule states that owner is aware of the hazard or has created the hazard yet failed to fix the situation before the accident. So let’s say the casino has a policy that employees must go around every few minutes to clean up any messes on the casino floor. And an employee had just passed by, saw the spill, and failed to clean it up in time. Because of the employee’s negligence, then the casino is responsible for your fall.
Slip and fall accidents are extremely complex and can be hard to prove, especially in a chaotic, busy setting such as a casino. This is why it’s essential to contact a slip and fall attorney as soon as possible to examine your case and see if you have a case. If you had a slip and fall at a casino, contact the Law Offices of Anthony Carbone today for a free consultation.