If while my grandmother was at a casino last month playing a slot machine a heavy part of it fell on her lap, can she still file a claim?

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If while my grandmother was at a casino last month playing a slot machine a heavy part of it fell on her lap, can she still file a claim?

Asked on July 18, 2014 under Personal Injury, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Two questions:

1) Was she injured and, if so, did she incur some significant or long lasting impairment, lose much in the way of wages, or incur significant out-of-pocket (not reimbursed by insurance) medical bills? If not, there'd be no point in taking legal action, since you can only recover compensation commensurate with your costs, other economic losses, and the extent of your injuries. If she was, we hope, not hurt in any signficant way, she does not have a claim.

2) Even if she was hurt, why did the piece fall? If it was due to bad construction, installation, or maintenance, or because a casino employee bumpted it, then she may have a claim. But if it feel because another patron/customer bumped it, she might only have a claim against that person, not the casino. And if it feel because she bumped or shook the machine, she might not have any claim at all. Liability, or the obligation to pay compensation, is linked to fault; without fault, there is no liability.


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