Nevada SC: Casino not responsible for bounced guest's injuries

Kathy Woods Oct. 5, 2009, 10:00am

CARSON CITY, Nev. (Legal Newsline)-- The Nevada Supreme Court has ruled Primadonna Resort, now called Primm Valley Hotel, is not liable for injuries suffered by guest whom had been thrown out of the casino.

In 2005, 17-year-old Fabian Santiago was left a quadriplegic after he was thrown out of the car in which he was a passenger. The car was driven by his uncle Manuel Garibay.

Santiago and two of his uncles were kicked out of the resort for fighting with other guest. The three were intoxicated.

The attorney for Santiago argued that the resort should be liable for the injuries since Santiago's mother had informed the security officers at the scene that the men would just go up to their room and "sleep it off." But, the guards refused escorting the men to their car in the parking lot.

The justices also said the court has rejected the notion that a business that serves alcohol is automatically liable for damages suffered by an intoxicated person who has been reasonably kicked out of their establishment.

"It is well settled in Nevada that commercial liquor venders, including hotel proprietors, cannot be held liable for damages related to any injuries caused by the intoxicated patrons, who are sustained by either the intoxicated patron or a third party," the justices ruled.

They also said That Nevada subscribes to "the rationale underlying the nonliability principle- that individuals, drunk or sober, are responsible for their torts."

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