$15M Jury Verdict in Las Vegas Casino Slip-and-Fall Trial
A guest's fall at a luxury Vegas hotel sparks a high-stakes trial over duty of care, chronic injury, and who’s truly responsible when things go wrong.
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What Happened
A Nevada state court jury awarded $15 million to Debbie Fenton, who sustained a serious and permanent injury after slipping on a spilled drink during a private event at The Cosmopolitan Hotel in Las Vegas in 2021. As a result of the incident, Fenton developed Complex Regional Pain Syndrome (CRPS), a chronic and debilitating condition that drastically affected her mobility and quality of life. Her lawsuit, filed against Nevada Property 1 LLC—the operator of the hotel—alleged that the venue failed to maintain a reasonably safe environment for guests attending the event.
Fenton was represented by Patrick Kang and Christian Smith of Ace Law Group, who argued that The Cosmopolitan had a duty to ensure that the event space was monitored and maintained, regardless of the third-party host organizing the private function. The defense, led by Wilson Elser Moskowitz Edelman & Dicker LLP and Bremer Whyte Brown & O'Meara LLP, responded by claiming that the private party organizers were solely responsible for the condition of the space. They further contended that the spill occurred moments before the incident and that hotel staff did not have a reasonable opportunity to clean it up before Fenton’s fall.
The Trial
The trial lasted four days and was presided over by Judge Eric Johnson in Clark County District Court. Surveillance footage played a crucial role in establishing liability. Footage capturing the immediate aftermath of the spill and the hotel’s response was used to counter the defense’s argument that staff lacked the time to react. In addition to the video, testimony from a corporate representative reinforced the plaintiff’s position that the hotel failed to take appropriate measures to prevent the incident, even after reviewing the surveillance.
Following only an hour and fifteen minutes of deliberation, the jury returned a unanimous verdict in favor of Fenton. The $15 million award included approximately $1 million for past and future medical expenses and $14 million for past and future pain and suffering. Although this amount fell short of the $37 million requested by the plaintiff’s legal team, it exceeded a $2.75 million offer made by the defense just before trial. The verdict also surpassed a $12 million pre-trial settlement demand that the defense had rejected.
This result highlights the evidentiary and strategic challenges involved in litigating premises liability claims, particularly those involving slip-and-fall incidents. Despite the general perception that such cases are minor, the outcome underscores how complex injuries and compelling trial presentation can influence jury decisions. The trial was recorded in full and is now available for on-demand viewing through the Courtroom View Network, offering a detailed view into the arguments and evidence presented by both sides.
Case Information
The case, titled Deborah Fenton v. Nevada Property 1 LLC, et al., case number A-23-869317-C, serves as a noteworthy development in Nevada civil litigation and may inform future claims involving catastrophic injury stemming from alleged negligence in hospitality and event settings.
Frequently Asked Questions
What damages can be claimed in a slip-and-fall lawsuit?
Damages in a slip-and-fall lawsuit can include medical expenses, pain and suffering, and lost wages, as demonstrated by the $15 million award to Debbie Fenton for her injuries.
How does liability work in a slip-and-fall case at a hotel?
In a slip-and-fall case at a hotel, the hotel can be held liable if it is proven that they failed to maintain a safe environment, such as not promptly cleaning up spills, which can lead to guest injuries. The outcome often depends on the evidence presented regarding the hotel's duty of care and the circumstances surrounding the incident.
What is Complex Regional Pain Syndrome (CRPS) after a fall?
Complex Regional Pain Syndrome (CRPS) is a chronic and debilitating condition that can occur after an injury, such as a fall, leading to severe pain, swelling, and changes in skin color and temperature in the affected area.