Can I sue if I fell on a slippery floor at a Vegas nightclub?

Nevada slip-and-fall accident victims may be able to sue the following parties for negligence:

1. the staff member(s) whose negligence caused the slippery surface, and/or
2. the company that owns the nightclub, and/or
3. the club patron whose negligence caused the slippery surface (if applicable)

Slip-and-fall victims may be able to recover compensatory damages for medical bills, lost wages, lost earning capacity, and pain and suffering. Depending on the case, the court may award punitive damages as well.

If the victim died from the slip-and-fall, then their family may bring a wrongful death claim.

In this article, I discuss what you need to know if you or a loved one was injured in a slip-and-fall at a Las Vegas nightclub.

1. Nightclub Employee as a Defendant

Las Vegas nightclub slip-and-fall injuries are commonly caused by employee negligence. Examples would be a bartender at Hakkasan spilling a drink and not cleaning it up, or a janitor failing to spot and clear a spill.

Sometimes a slip-and-fall may be caused by an intentional act of a disgruntled employee. An example would be a Marquee bouncer purposely spilling water somewhere in the hopes that an argumentative patron would fall down. In this case, the victim could sue for an intentional tort such as a battery.

2. Nightclub as a Defendant

Under the Nevada doctrine of vicarious liability (respondeat superior), a nightclub can be held liable for any injuries caused by its employees’ negligence when:

1. The employee was acting within the scope of employment, and
2. The injury was a normal risk of the employer’s business.

Nevada nightclubs such as Hyde and Omnia are usually not liable if their employee(s) intentionally caused someone to slip and fall. However, the nightclub could still be liable if it was negligent in hiring, retaining, or supervising the employee(s). This may occur when:

• The nightclub did not conduct a reasonable background check of the employee(s), or
• The nightclub hired or retained an unfit or dangerous employee(s), or
• The nightclub was negligent in supervising, disciplining, or training the employee(s).¹

The advantage of bringing suit against a nightclub for slip-and-falls is that it presumably has deeper pockets than any of its employees.

3. Nightclub Patron as a Defendant

If the slip-and-fall was caused by a patron in the nightclub, the victim may be able to sue the patron for negligence and/or battery depending on the circumstances.

Typically, Las Vegas nightclubs such as XS and Tao are not held liable for their customers’ wrongful acts. However, nightclubs are obligated to exercise reasonable care to prevent injury to their patrons and employees. This duty of care comprises providing adequate security and supervision on its premises.

So if the nightclub arguably should have done more to prevent the patron from causing the slip-and-fall, then it may be possible for the nightclub to be liable as well for the plaintiff’s injuries.

Frequently Asked Questions

How long do you have to sue for a slip and fall in Las Vegas?

Under NRS 11.190(4)(e), the statute of limitations for a personal injury slip-and-fall lawsuit in Nevada is exactly two years from the date the accident occurred. If you fail to file a formal lawsuit within this two-year window, you permanently lose your right to pursue financial compensation, regardless of how severe your injuries are.²

There are exceptions where the statute of limitations “tolls” so you can sue after two years. Still, I advise you to consult an attorney as soon as possible once you discover your injury. I find that the more time that goes by, the more evidence disappears.

Can you sue a Vegas nightclub if you were drinking before you fell?

Yes, you can still sue a Las Vegas nightclub even if you had been drinking alcohol. Under Nevada’s modified comparative negligence law (NRS 41.141), you are entitled to recover damages as long as you were not more than 50% at fault for the accident. If a jury determines you were 20% responsible because you were intoxicated, your final payout will simply be reduced by 20%.³

I find that many slip-and-fall victims are hesitant to bring lawsuits because they feel partly at fault, even when alcohol was not involved. Perhaps they were texting while walking or wearing impractical shoes.

My advice is do not make any assumptions until you speak with an attorney. As long as we can show you were no more than 50% to blame, you should be entitled to damages.

What evidence do you need to win a nightclub slip and fall lawsuit?

To build a successful premises liability claim against a Las Vegas nightclub, I try to secure four critical pieces of evidence as soon as possible:

• Surveillance Footage: Vegas nightclubs are heavily monitored, but security footage is often overwritten within 24 to 72 hours. I would send a formal preservation letter immediately.
• An Incident Report: Always report the fall to club management or casino security before leaving the venue and request a copy of the written report. This is valuable evidence that a fall did in fact occur.
• Photographs and Video: Take immediate smartphone photos of the exact hazard (such as a spilled drink, broken glass, or pooled water) and the surrounding lighting conditions. As any lawyer will tell you, pictures are worth a thousand words; my experience with juries is that they respond to visual evidence more strongly than any oral testimony.
• Medical Documentation: Seek medical evaluation the same day as your fall. This way, I can definitively link your injuries to the nightclub incident.

If we bring a lawsuit, we have the burden to prove by a preponderance of the evidence that the defendant is liable. The more evidence we can gather on your behalf, the better odds of securing a large financial settlement.

Can a nightclub be held liable for a slip caused by another customer?

Under Nevada premises liability law, a nightclub can be held liable for a spill or mess created by a patron if the business had actual or constructive notice of the hazard.

The scenario I see all the time is a customer spills a drink, and then several minutes go by with no staff cleaning it up or putting out a wet floor sign. During this time, someone slips and gets hurt. When this happens, I can argue that the venue was negligent for not inspecting the grounds and failing to eliminate the hazard or to warn guests.

Learn more about suing for Las Vegas nightclub injuries. Also see our article Filing a Slip and Fall Claim in Las Vegas – 5 steps. Contact our Las Vegas slip and fall lawyers for more information.

Legal References