Fall Injury

[joe645]

I live in Nevada and need some legal advise. On October 27, 2022, I and my spouse were going to dinner at a local Hotel and Casino. While walking through on our way to the restaurant I stubbed my foot on something and fell forward landing against the restaurant doors which just had been unlocked. I sustained injuries to my head, face and shoulder. I was treated on-site and transported to a local emergency care where MRI and X-Rays were taken. Scans showed a small fracture of nose, contusions of the head and neck and a fracture of the shoulder. Subsequent personal Doctor visits confirmed the shoulder injury which was put into a arm-sling. Sometime later while in the shower, I moved my arm to reach for soap and felt a very sharp pain. Went to Doctor and was told that my rotator-cup was torn and would require surgery. It was indicated that this could have been contributed from the fall and injury to shoulder. Fast forward to many, many weeks of therapy I am left with fairy good range of motion but will have to endure some lingering pain and minimal reach capabilities. My question is, other than the Emergency Room Fee, and Ambulance Transport, we are not out any other finances but feel we need to file a claim against the Hotel and Casino for pain and suffering. This is where we do not know how to proceed. The case seems to small for some local injury attorneys and they have said no to handling it. We just don't know how much "pain and suffering" and what is a life-long handicap is worth. Any input is appreciated.

 

[Zigner]

Why do you believe that the casino is responsible for you stumbling and falling?

 

[quincy]

I live in Nevada and need some legal advise. On October 27, 2022, I and my spouse were going to dinner at a local Hotel and Casino. While walking through on our way to the restaurant I stubbed my foot on something and fell forward landing against the restaurant doors which just had been unlocked. I sustained injuries to my head, face and shoulder. I was treated on-site and transported to a local emergency care where MRI and X-Rays were taken. Scans showed a small fracture of nose, contusions of the head and neck and a fracture of the shoulder. Subsequent personal Doctor visits confirmed the shoulder injury which was put into a arm-sling. Sometime later while in the shower, I moved my arm to reach for soap and felt a very sharp pain. Went to Doctor and was told that my rotator-cup was torn and would require surgery. It was indicated that this could have been contributed from the fall and injury to shoulder. Fast forward to many, many weeks of therapy I am left with fairy good range of motion but will have to endure some lingering pain and minimal reach capabilities. My question is, other than the Emergency Room Fee, and Ambulance Transport, we are not out any other finances but feel we need to file a claim against the Hotel and Casino for pain and suffering. This is where we do not know how to proceed. The case seems to small for some local injury attorneys and they have said no to handling it. We just don't know how much "pain and suffering" and what is a life-long handicap is worth. Any input is appreciated.

“I stubbed my foot on something.”

You need to know exactly what you stubbed your toe on before you can even think about suing the restaurant.

 

[joe645]

“I stubbed my foot on something.”

You need to know exactly what you stubbed your toe on before you can even think about suing the restaurant.

Well that is a good question and truthfully I can't give you a definite answer. The surface is carpeted and maybe some unknown imperfection was the cause. We have gone back and looked around but found nothing obvious.

 

[joe645]

There is a high probability that security cameras were recording the area and may show more detail but we have no access to them.

 

[Zigner]

Well that is a good question and truthfully I can't give you a definite answer. The surface is carpeted and maybe some unknown imperfection was the cause. We have gone back and looked around but found nothing obvious.

Please understand that I'm not trying to lessen the seriousness of your injury. I'm sure it was painful.

Also, please understand that not every fall in a business is due to negligence of the business.

It's possible that you tripped on something that the business would have no responsibility for.

It's possible that you tripped on your own feet.

 

[joe645]

I fully understand and have to agree with your thoughts outside of the last one but the only true answer may be with film footage taken during the accident and the only way that is going to be introduced is by legal means.

 

[adjusterjack]

There is a high probability that security cameras were recording the area and may show more detail but we have no access to them.

When the accident occurred did the restaurant manage or owner interview you and investigate the scene?

In the past year have you had any conversation with the restaurant management or ownership about getting paid for your injury?

 

[Zigner]

I fully understand and have to agree with your thoughts outside of the last one but the only true answer may be with film footage taken during the accident and the only way that is going to be introduced is by legal means.

It is very unlikely that the footage still exists over a year later.

 

[joe645]

When the accident occurred did the restaurant manage or owner interview you and investigate the scene?

In the past year have you had any conversation with the restaurant management or ownership about getting paid for your injury?

The Casino Restaurant was not involved in the matter other than the doors. The Hotel Security came to my aid and all matters and aid were handled by them including statements.

 

[joe645]

The Casino Restaurant was not involved in the matter other than the doors. The Hotel Security came to my aid and all matters and aid were handled by them including statements.

For the past year we have been in communication only with the Hotel & Casino's Third Party Administrators/Insurance Adjusters and they are presently preparing a file for review by the Combined Claims Committee regarding potential negotiations, inferred as a settlement offer (whatever that means). The Hotel and Casino is self-insured.

 

[zddoodah]

My question is, other than the Emergency Room Fee, and Ambulance Transport, we are not out any other finances but feel we need to file a claim against the Hotel and Casino for pain and suffering. This is where we do not know how to proceed. The case seems to small for some local injury attorneys and they have said no to handling it. We just don't know how much "pain and suffering" and what is a life-long handicap is worth. Any input is appreciated.

Two things. First, the casino's liability policy will almost certainly have a component that provides for payment up to a certain amount (maybe $5-10k) for medical expenses, without regard to legal liability. You should inquire about this.

Second, if you want more than the above, you will have to prove* that your injuries resulted from the negligence of the casino. Can you do that? You wrote that you "stubbed [your] foot on something." What is that something? Do you know? I assume you don't or you'd have mentioned it. Even if you knew what it was, you'd have to prove that the casino knew or should have known of the condition and failed to take reasonable action to remedy a dangerous condition. The most basic illustration of this would be a slip on a spill at a grocery store. Let's say that the spill occurs at 0:00. You come along at 0:30 (30 seconds later) and slip. However, by that point, the store employees had no reasonable ability to know about the spill. Therefore, no negligence. On the other hand, maybe you slip at 5:00. You could argue - and possibly do so successfully - that the store employees should have become aware of the spill and done something to deal with it by the time 5:00 passed. If, in fact, you don't know what you tripped on, then you likely have no way of proving how long it had been there such that you could argue the casino should have dealt with it.

* - In this context, "prove" likely means to convince an adjuster with the casino's liability insurer. However, if the dollar amount at issue is as low as it sounds like it might be, you might be dealing with someone in the in-house loss prevention department rather than an outside insurer/adjuster.

It is very unlikely that the footage still exists over a year later.

Given what the OP has described, the casino sure as heck better have preserved any video evidence. If it didn't, that'd make for a great spoliation of evidence argument.

 

[adjusterjack]

For the past year we have been in communication only with the Hotel & Casino's Third Party Administrators/Insurance Adjusters and they are presently preparing a file for review by the Combined Claims Committee regarding potential negotiations, inferred as a settlement offer (whatever that means). The Hotel and Casino is self-insured.

Well, that certainly contradicts your statement that "we need to file a claim" and don't know how to proceed.

The claim has already been filed and appears to have been handled properly. How you proceed is you wait for the offer. If you don't like the amount, you ask for more.

What is it that you really want to know?

By the way, in Nevada you have two years from the date of the injury to file a lawsuit.

 

[joe645]

I know about the two year factor but have been informed that a preliminary claim has been filed. It was the Hotel and Casino that put us in touch with the 3rd Party Adjusters. I guess at this point we should wait until they come back with a decision.

 

[doucar]

As long as it is done in less than 2 years after the accident.