If my mother was bitten by fleas in a casino at a gaming table, does she have a case to sue?
Question Details: She had to go to the ER with severe swelling on her legs. The casino acknowledged that they do have a flea problem.
Prior to filing a lawsuit, it may be possible to settle the case with the casino's insurance carrier.
When your mother completes her medical treatment and is released by the doctor, she should obtain her medical bills, medical reports and if applicable, documentation of wage loss. Her personal injury claim filed with the casino's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document her injury and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the casino's insurance carrier, no lawsuit is filed.
If your mother is dissatisfied with settlement offers from the casino's insurance carrier, she should reject the settlement offers and file a lawsuit against the casino based on premises liability.
If the case is not settled, the lawsuit against the casino must be filed prior to the expiration of the applicable statute of limitations or your mother will lose her rights forever in the matter.