It is a well-known fact that many casinos ply visitors with cheap or even free drinks to keep them spending money. Alcohol consumption comes with a number of serious risks, including the possibility that someone could get hurt because of how alcohol affects their judgments or their motor control.
Typically, premises liability claims holding a business responsible for an injury require that a claimant shows the business was negligent and therefore at fault for what happened. Consuming alcohol is sometimes a mitigating factor in such claims, as people take a calculated risk whenever they drink.
Does that mean you can never hold the casino responsible if you fall after drinking on their property?
Was your incident preventable or foreseeable?
To determine if you have a claim against the casino, you first need to look at the situation carefully. Was the drink far stronger than it should be, meaning that your attempts to self-regulate were undermined by the recipe used? Did you fall because of your impairment, or was it someone else’s spilled drink, a dropped die or an exposed power cord that caused you to fall?
Improper maintenance of facilities where people consume alcohol could increase the risk of someone getting hurt there. In fact, simply serving alcohol increases the possibility of a brain injury. Research has previously shown that those who hurt their heads after drinking are more likely to suffer serious injuries than those without alcohol in their bloodstream. This may be a consequence of how alcohol affects the body, but it is a known risk factor.
Casinos can protect against premises liability by not serving visibly drunk customers more beverages and being very proactive about maintaining clean and safe facilities.
How does a slip-and-fall claim work?
Getting compensation after you fall at a casino may be as simple as filing an insurance claim. Other times, such as when the casino wants to avoid paying your claim, you may have to go to court. Evidence ranging from security camera footage to medical records can help you build a case in potentially get the compensation you need for medical expenses, lost income and other costs associated with your casino injury.
Recognizing when a business might be responsible for an accident can help you get appropriate financial compensation after an injury.