• Common Defenses Used in a Casino Premises Liability Lawsuit
  • September 4, 2015
  • Law Firm: Cooper Levenson P.A. - Atlantic City Office
  • New Jersey casinos attract countless tourists every year. According to the State of New Jersey Casino Control Commission, in 2010, there were more than 1 million square feet of casino space across the state. That leaves a substantial amount of room for people to enjoy the gaming industry. Unfortunately, that also presents a number of opportunities for an accident to occur.

    Under New Jersey law, a casino may be held responsible in the event that someone is injured on the property. However, the alleged victim will have to prove that the casino had a duty to provide a safe environment, that the casino did not meet that standard and that the failure to do so caused the injury.

    There are several ways that casino owners can defend themselves, such as the following:
    • If the injured party is responsible for the incident, the casino may not be held liable. For example, if a guest has too much to drink and ignores the facility's safety warnings, it is unlikely that the casino will be found responsible.
    • New Jersey law requires that there is a duty of care established. When casino owners are unaware of the dangerous condition, it is possible that they will not be liable.
    • Someone who trespasses on casino grounds or is in an area where he or she should not be will likely not recover damages related to a premises liability lawsuit.
    • If the dangerous situation was obvious, a court may find that the injured party should have known about it and avoided it.
    New Jersey maintains a comparative negligence law, which means that in a personal injury lawsuit, the alleged victim may be held partially responsible for damages. Therefore, even when a plaintiff makes a valid claim, his or her reward could be minimized by the percentage a court deems corresponds to the person's level of fault in the incident.