Injury Claim for a Slip in a Nevada Hotel Allowed to Proceed

The Nevada Supreme Court has allowed an injury claim for a slip in a Nevada Hotel to proceed after it was originally dismissed by a Nevada District Court.

On 9th October 2010, Sandra Biscay (79) was travelling with her family from California to visit her sister in Las Vegas. Rather than arrive at the sister´s residence late in the evening, Sandra and her family chose to book into the Gold Strike Hotel in Jean, NV, which would leave them a short journey to Las Vegas the following morning.

Due to her mature years, Sandra requested a suite that was suitable for the handicapped. When the family retired later that night, Sandra decided to take a shower; but, as she came out of the shower, she started to slip when she stepped onto the mat. Sandra reached out for something to hold onto, but the bathroom had no railing and she fell.

Initially, Sandra did not think that the slip and fall had caused her any injury; but, when her breathing was labored the following morning, Sandra reported the accident to the front desk, who summoned paramedics. The paramedics suggested that Sandra go to hospital, but as it was unlikely that the Las Vegas hospital would accept Sandra´s Californian insurance, she declined.

Instead Sandra filed an accident report and checked-out of the hotel to continue the journey to her sister. Because of the pain she was experiencing, Sandra was only able to stay in Las Vegas for two days, before returning to California. When she got home, she immediately visited her doctor, who diagnosed her with multiple rib fractures and a sprained shoulder.

After seeking legal advice, Sandra made an injury claim for a slip in a Nevada hotel against the owners of the Gold Strike Hotel – MGM Resorts International. In her legal action Sandra alleged that the disabled suite she had requested was not suit for purpose, and she supported her claim with the copy of the accident report on which a hotel employee had voluntarily added that the hotel was at fault.

As they were entitled to, MGM Resorts filed a demand for the security of costs in September 2012. Sandra did not file the security until March 2013, and nine days later MGM Resorts moved to have the injury claim for a slip in a Nevada hotel dismissed – alleging that Sandra had failed to file the security bond within thirty days of the demand notice contrary to NRS 18.130(4).

The Nevada District Court found in MGM Resorts favour and dismissed the injury claim for a slip in a Nevada hotel; but Sandra appealed the decision to the Nevada Supreme Court – who ruled that MGM Resorts´ motion to dismiss should have been denied, and that the District Court´s decision was an abuse of its discretion.

The injury claim for a slip in a Nevada hotel has now been returned to the District Court for a hearing to be scheduled later this year.