I Can't Believe This Happened To Me!!! DO I NEED A LAWYER??
Poll
 | 30 votes (76.92%) | ||
| | 9 votes (23.07%) |
39 members have voted
This is what happened...
I went to lunch in the casino next to the one I was staying in. On the way back from lunch I was on one of the escalators that move flat across the corridors between the casinos.
I put my hand on the\rubber rail and right when I did this, the whole rubber rail popped off and striking me in the face and head, leaving black marks all over my hand and face. So I blow it off, go wash up in the restroom and continue on my way. I go check out of my room check my bags in and go gamble for a little while longer before my flight out.
Roughly 2 hours go by and security walks up to me and says they need to ask me a few questions, but won't say what its in regards to. They walk me all the way back through the hallways behind the gaming floor and sit me in a detainment room. Im still lost on whats going on at this point. After a little while I finally put things together and realize the only thing it could be about is the incident with the escalator and they just want to make sure I'm not injured.
Wow was I wrong! They brought me back there to hold on to me because the other casino said I broke the escalator... I WAS SHOCKED and scared at the same time. considering I have never in my life had a run in with the law, or been in trouble in any sort of way.
So about 2 hours pass by. In the mean time I keep telling them that my shuttle for my plane leaves in 1 hour. They totally disregarded this and I missed my flight out.
Finally the security from the other casino has the metro police show up to question me. They said it was ridiculous as soon as the seen the security footage. (But wanted to joke around and act like I was in trouble at first) Which I did not find funny at all!
So I miss my flight, Get hit in the head/face, Get Detained, Get completely humiliated by this, and had to pay a whole lot more for my plane ticket because the airlines wouldn't refund me..
WHAT SHOULD MY NEXT STEP BE????
Unfortunately you probably could have blew them off, but because you didn't you probably gave them a free pass. To my knowledge, if they suspect you of a crime they can detain you once you agree to go with them. The fact they suspect you because they're pretending to be stupid I don't think matters. They probably call the police to cover their tail since you didn't falsely admit you were guilty. I bet it would be hard to prove they didn't let you leave most likely because they misled you to only believe they said you couldn't.
I bet you're going to have to eat it but I might be wrong and be corrected.
WHY did you go with security?
WHY did you stay there?
Why didn't you get up and walk out to the shuttle?
Did you think this was lawful?
Did you think you were under arrest?
Feel free to name the casinos.... they can use the adverse publicity! They will have alot of that when Nesserian gets through with them.
First thing Nesserrian will do is get the video AND audio tape from the security office. Yes, the security office is bugged.
Quote: acheapwaytogoI was just in Vegas and had an experience that was so bad that I found this forum to seek random advice.
This is what happened...
I went to lunch in the casino next to the one I was staying in. On the way back from lunch I was on one of the escalators that move flat across the corridors between the casinos.
I put my hand on the\rubber rail and right when I did this, the whole rubber rail popped off and striking me in the face and head, leaving black marks all over my hand and face. So I blow it off, go wash up in the restroom and continue on my way. I go check out of my room check my bags in and go gamble for a little while longer before my flight out.
Roughly 2 hours go by and security walks up to me and says they need to ask me a few questions, but won't say what its in regards to. They walk me all the way back through the hallways behind the gaming floor and sit me in a detainment room. Im still lost on whats going on at this point. After a little while I finally put things together and realize the only thing it could be about is the incident with the escalator and they just want to make sure I'm not injured.
Wow was I wrong! They brought me back there to hold on to me because the other casino said I broke the escalator... I WAS SHOCKED and scared at the same time. considering I have never in my life had a run in with the law, or been in trouble in any sort of way.
So about 2 hours pass by. In the mean time I keep telling them that my shuttle for my plane leaves in 1 hour. They totally disregarded this and I missed my flight out.
Finally the security from the other casino has the metro police show up to question me. They said it was ridiculous as soon as the seen the security footage. (But wanted to joke around and act like I was in trouble at first) Which I did not find funny at all!
So I miss my flight, Get hit in the head/face, Get Detained, Get completely humiliated by this, and had to pay a whole lot more for my plane ticket because the airlines wouldn't refund me..
WHAT SHOULD MY NEXT STEP BE????
Before the jokes start coming, I must say that I'm having difficulty picturing an escalator rail doing this just from being used properly. That doesn't mean it didn't happen but is that the whole story?
Your next step will depend on what you want out of it. Do you want reimbursement? Punitive damages? You can go from anything to requesting a free room to a lawsuit for false arrest. Talk to a lawyer if that's the case. Someone will post Bob N's information so stay tuned to this thread.
I tried over and over to let them know I had to go and I felt like they couldn't do this
They wouldn't let me walk out.
I felt like it was completely against my rights and not right yea
They wouldn't tell me what was going to happen.
I won't put the names of the places as of yet, and yes I seen it said audio and video surveillance .
Quote: acheapwaytogoI was just in Vegas and had an experience that was so bad that I found this forum to seek random advice.
This is what happened...
I went to lunch in the casino next to the one I was staying in. On the way back from lunch I was on one of the escalators that move flat across the corridors between the casinos.
I put my hand on the\rubber rail and right when I did this, the whole rubber rail popped off and striking me in the face and head, leaving black marks all over my hand and face. So I blow it off, go wash up in the restroom and continue on my way. I go check out of my room check my bags in and go gamble for a little while longer before my flight out.
Roughly 2 hours go by and security walks up to me and says they need to ask me a few questions, but won't say what its in regards to. They walk me all the way back through the hallways behind the gaming floor and sit me in a detainment room. Im still lost on whats going on at this point. After a little while I finally put things together and realize the only thing it could be about is the incident with the escalator and they just want to make sure I'm not injured.
Wow was I wrong! They brought me back there to hold on to me because the other casino said I broke the escalator... I WAS SHOCKED and scared at the same time. considering I have never in my life had a run in with the law, or been in trouble in any sort of way.
So about 2 hours pass by. In the mean time I keep telling them that my shuttle for my plane leaves in 1 hour. They totally disregarded this and I missed my flight out.
Finally the security from the other casino has the metro police show up to question me. They said it was ridiculous as soon as the seen the security footage. (But wanted to joke around and act like I was in trouble at first) Which I did not find funny at all!
So I miss my flight, Get hit in the head/face, Get Detained, Get completely humiliated by this, and had to pay a whole lot more for my plane ticket because the airlines wouldn't refund me..
WHAT SHOULD MY NEXT STEP BE????
I dislike the idea of suing. I find it almost impossible to believe that they would detain you unless the "people mover" video looked suspicious. I think what would be fair, assuming the video clears you, is a full RFB comp in the future (or $500 right now). But if the video clears you it is just baffling that they would detain you. I don't mean to question you--the story is just so weird. If you feel strongly about it contact attorney Bob Nersesian in LV. He's pretty busy and might refer you elsewhere, but he's the man. Edit: (Wow, when I started to write this there wasn't one response yet.)
This is how I know they were fully in the wrong
I found it interesting you say the casino which accused you wasn't the casino which detained you.
Just have to share. When my brother and I were at Sears as kids about 7 and 9, he shoved his foot into the escalator breaking it and he got away with it and they knew he did it.
Quote: acheapwaytogoThey said I had to come with them.
I tried over and over to let them know I had to go and I felt like they couldn't do this
They wouldn't let me walk out.
I felt like it was completely against my rights and not right yea
They wouldn't tell me what was going to happen.
I won't put the names of the places as of yet, and yes I seen it said audio and video surveillance .
Was it Luxor?
Quote: GreasyjohnWas it Luxor?
They were one of the parties involved..
What makes you ask specifically about that casino?
An escalator's rubber hand rail is a safety device that they are required to inspect and maintain in good order. It is absolutely impossible for a person of normal strength to just reach out and dislodge it or separate it, much less to do it with one hand.
Do call a lawyer.
And remember, whenever you are in a situation where you are wondering if you should call a lawyer, the answer is YES.
Quote: FleaStiffLuxor has a history with overly zealous and untrained security personnel.
An escalator's rubber hand rail is a safety device that they are required to inspect and maintain in good order. It is absolutely impossible for a person of normal strength to just reach out and dislodge it or separate it, much less to do it with one hand.
Do call a lawyer.
And remember, whenever you are in a situation where you are wondering if you should call a lawyer, the answer is YES.
exactly, there are plenty of lawyers that will give you a free consultation session.
Number one, the casino could argue that you were not detained but went voluntarily and could have left at any time.
Number two, I think there is more to this story than you are telling us. I can't see just touching the armrest and the thing flies off. The fact that you didn't immediately ask to be compensated for the pain and suffering (I'm assuming) I think implies you were partially at fault.
Number three, I'm not saying everything goes the casinos way, but in Vegas the police and courts generally take the casino side in any dispute. This is evident in how I was blown off in my Freedom of Information act case.
Maybe some PI lawyer would take the case on and hope to get a small settlement because the casino viewed it as a nuisance case. However, that doesn't make it the right thing to do.
Quote: kewljIf you don't have a case, he won't hesitate to tell you that.
I agree. I would also lay good money that is what he would say.
Quote: WizardI agree. I would also lay good money that is what he would say.
I too, think that may be the case. I also think there must be more to the story than we are hearing. But thing big thing is that video. The OP can't wait several weeks and then decide to take action. Also, if it REALLY went down the way the OP says, then metro's reaction or lack of reaction would be in his favor.
Sounds to me like it was complete coincidence that the handrail flew off when you touched it. I'm glad you weren't seriously injured!
Lesson learned: Ask "Am I under arrest?". If not then you should be free to go. Get up to leave. If they don't let you leave then you are being detained possibly illegally.
Quote: onenickelmiracleSo what could she have done to not go with them? She would say no, then they would block her path with fifteen men. Then she has to climb over slot machines or try walking through them at which point they "react and attack"? How do you avoid the situation?
I'm not a lawyer, but I think security can only detain somebody if they catch him/her in committing a crime and can do so only for the purpose of detaining him/her until the police arrive. Correct me if I'm wrong. I think it is basically making a citizen's arrest.
Of course security don't have to tell you your rights. If they try to detain you for any other reason, then explain that you committed no crime and choose to leave the property instead. If they don't let you, then clearly say that you are being detained against your will and you wish to immediately notify your attorney or the police on charges of illegal detainment. I think every advantage player should have Bob Nersesian's cell number on his contact list, just for such a contingency.
If I'm not Mistaken Bob asks for a hefty up front fee, win or lose.Quote: WizardI'm not a lawyer, but I think security can only detain somebody if they catch him/her in committing a crime and can do so only for the purpose of detaining him/her until the police arrive. Correct me if I'm wrong. I think it is basically making a citizen's arrest.
Of course security don't have to tell you your rights. If they try to detain you for any other reason, then explain that you committed no crime and choose to leave the property instead. If they don't let you, then clearly say that you are being detained against your will and you wish to immediately notify your attorney or the police on charges of illegal detainment. I think every advantage player should have Bob Nersesian's cell number on his contact list, just for such a contingency.
Quote: WizardI'm not a lawyer, but I think security can only detain somebody if they catch him/her in committing a crime and can do so only for the purpose of detaining him/her until the police arrive. Correct me if I'm wrong. I think it is basically making a citizen's arrest.
Correct.
Quote: AxelWolfIf I'm not Mistaken Bob asks for a hefty up front fee, win or lose.
I've read his book, had him on the radio show a few times, and some idol chatter over drinks, and I've never heard him say this. Maybe if he thought it was a weak case he might, but it is my understanding he usually works on contingency.
Nowadays I think it would have to be an extra good case for him to take it on straight contingency. I'm thinking something along the lines of a very long detainment, serious threat or beating. We should find out. I wouldn't want to spend 2k to find out if I would get anything for an illegal detainment.Quote: WizardI've read his book, had him on the radio show a few times, and some idol chatter over drinks, and I've never heard him say this. Maybe if he thought it was a weak case he might, but it is my understanding he usually works on contingency.
I'm not saying if you have a case...that is for later.
I'm not saying if it weak or strong... that is for later.
I'm not saying the damages a jury would award would be high...that is for later.
Her letter asking for air fare doesn't mean as much as a lawyers letter does.
Airfare, fear, lost sleep, nightmares about police and jail cells, ... its not a major case but it is a case. There was unlawful detention for several hours and the grounds are laughable.
What I said is one and only one thing. CALL A LAWYER NOW. Let him assess the damages and fees that would be involved and explain it to you. Don't rely on our assessment of the case. Many lawyers in town will talk to you for thirty minutes for free. On this case it would probably be fifteen minutes that you need and nothing esle.
But remember, Luxor just got dinged by a jury and they might not want to risk another case of bad publicity.
There goes the bridge to Ohio from New Jersey shutting down.
No way a lawyer will take this on contingency at this point.
Quote: WizardI can't see just touching the armrest and the thing flies off.
A convincing explanation would go a long way. Freak accidents can happen but there is no real explanation how it flies off and hits one in the head and face. That's a pretty good distance to the head.
I don't know what elevator hand rails (soft part) are constructed of, but it doesn't usually seem they are elastic enough to fly off like a giant rubber band. But maybe this is property I haven't been aware of up to now.
I voted to forget it. I think if the OP had asked the right questions the casino security would have been forced to respond appropriately.
As someone else pointed out, the conversation should have gone like this.
OP - "Am I being detained?"
Casino Security most likely would have responded with - "Yes."
OP - "On what grounds?"
Casino security - "On suspicion of vandalism." (Or, 'destruction of property' or however the local jurisdiction defines it)
But, these questions don't appear to have been asked. Had they been asked and security either said "no" to the detainment, or couldn't provide an illegality she was suspected of, but still detained her anyway, then she might have something.
So, then the question that begs to be answered is, were the grounds for detainment valid? The only way to really answer that is to see the video tape. But I suspect that there was something there, in close enough proximity to the OP to validate the reason for detainment. After all, what would be the motivation to seek her out if it were completely obvious she had nothing to do with it? They wasted their own time, surveillance time, created paperwork, and lost at least one customer if not more. I'm not saying she did create the malfunction, in fact I don't think she did, but she was in the wrong place at the wrong time.
I liken this to a retail security outfit holding a suspected shoplifter until the police arrive. Once they arrive they look at the evidence (primarily the video tape in today's world) and make a determination to arrest or not arrest. I think this situation is similar.
Now, from a customer service standpoint, I think they should at the least, reimburse her for airfare and more, but there's a big difference between what they should do and what they are obligated to do.
Of course she can talk with a lawyer, but from what I've read I think the odds are long against her.
I don't think the focus here should be the questionable detainment. I think this is a personal injury suit waiting to happen.
Quote: MathExtremistHow is this not already a slip-and-fall lawsuit? The heavy rubber rail on an escalator smacked her in the face, it's all caught on tape, and instead of addressing her injury they backroomed her?
I don't think the focus here should be the questionable detainment. I think this is a personal injury suit waiting to happen.
I'm all for holding companies and individuals responsible for injury when appropriate, but she washed herself up, checked out, and went gambling for several hours, where is the injury?
You absolutely need to contact a lawyer. In my layman's opinion, if what you said is the full truth, you have a very strong case against the casino that detained you and the first casino where the people-mover broke.
Not only do you deserve to be compensated, but these casinos need to learn they're not their own sovereign states where the law does not apply to them. If what you said is true, the casino illegally detained you which is a very serious crime.
Quote: MathExtremistI don't think the focus here should be the questionable detainment. I think this is a personal injury suit waiting to happen.
She admitted it just left black marks on her face, which were washed off in the bathroom. Sounds like she didn't get hurt very badly at all. If she did, I think a normal person would have filed an incident report at the time.
My vote is still to let it go. At most, write a letter of complaint to the legal department of the company, threatening legal action. They might pay $1,000 or two in the interests of making it go away.
Quote: WizardShe admitted it just left black marks on her face, which were washed off in the bathroom. Sounds like she didn't get hurt very badly at all. If she did, I think a normal person would have filed an incident report at the time.
My vote is still to let it go. At most, write a letter of complaint to the legal department of the company, threatening legal action. They might pay $1,000 or two in the interests of making it go away.
I agree that there is no personal injury here, but I don't see how the casino could not be on the hook for any expenses she incurred as a result of being detained for no reason. She has clear damages (the additional airfare) and it's their fault.
Quote: WizardThe fact that you didn't immediately ask to be compensated for the pain and suffering (I'm assuming) I think implies you were partially at fault.
Phew, Wizard, good thing you are not a judge.
You really believe that if one doesn't scream for money after an accident like this happens, they are guilty of causing it? And I thought I was a cynic...
Quote: CanyoneroYou really believe that if one doesn't scream for money after an accident like this happens, they are guilty of causing it? And I thought I was a cynic...
That isn't what I said. All she had to do is ask to file an incident report. I also never said she was guilty of causing it, just that I suspected she had something to do with it.
Quote: WizardThat isn't what I said. All she had to do is ask to file an incident report. I also never said she was guilty of causing it, just that I suspected she had something to do with it.
But what about the fact that she was detained, and incurred extra expenses as a result? It seems that the casino should pay those if we can agree that they were wrong to detain her.
I am not talking about a large lawsuit here. But if she had to pay an extra $500 in airfare, the casino should apologize and cover it.
Quote: rxwineA convincing explanation would go a long way. Freak accidents can happen but there is no real explanation how it flies off and hits one in the head and face. That's a pretty good distance to the head.
I don't know what elevator hand rails (soft part) are constructed of, but it doesn't usually seem they are elastic enough to fly off like a giant rubber band. But maybe this is property I haven't been aware of up to now.
It popped off the track so there was slack..
There no more to the story except that they detained my friend and boyfriend as well over it
Quote: AxiomOfChoiceBut what about the fact that she was detained, and incurred extra expenses as a result? It seems that the casino should pay those if we can agree that they were wrong to detain her.
I am not talking about a large lawsuit here. But if she had to pay an extra $500 in airfare, the casino should apologize and cover it.
I don't disagree. I was trying to argue ME's point that the personal injury is the better angle to take. However, I think there isn't enough gravy here for an attorney to take this on contingency. If she pays out of pocket, then I don't see the reward covering the $400/hr attorney fee.
My advice is either do nothing or write a strongly worded letter the legal department of the casino.
I'm going to ask SONBP2 to put in his legal opinion on this. What he says, I would respect.
Quote: acheapwaytogoIt popped off the track so there was slack..
There no more to the story except that they detained my friend and boyfriend as well over it
Perhaps it had recently been installed, and not seated properly by the person putting it on. I was trying to figure out exactly what could happen to cause it to move that much.
If the facts are as you say you should have a good case .They had no right to detain you, so they need to be taught a lesson.
I'm so sick of cops and casino's abusing peoples rights.
Good luck
I would have asked a passerby to please summon an employee.
I would expect an employee would show up soon anyway since the walkway is now out of order.
Once an employee shows up, I would explain what happened and ask to speak to a supervisor.
I wouldn't threaten to sue(that's not how I roll, especially if not injured but just dirty and a bit sore) but would expect un upgrade or future free stay.
I would tell a supervisor, "Look at my face and clothes, look what your equipment did to me"
I would convey that an upgrade or future free stay would make me happy.
I would expect a supervisor to agree since an upgrade or future free stay is getting out of this kind of situation cheaply since its their equipment that malfunctioned.
Quote: acheapwaytogo
There no more to the story except that they detained my friend and boyfriend as well over it
UM...... THAT'S a lot more to the story!!!!!! Why did they detain your friend and boyfriend as well! You didn't think that was relevant to mention in the initial 'story'??? Was your boyfriend using a crowbar? Was your friend doing gymnastics? What reason did they give you (plural) for detaining the two others? I'm guessing there is either a lot more to the story that we will never know, or it is just a story.....
Quote: SOOPOOUM...... THAT'S a lot more to the story!!!!!! Why did they detain your friend and boyfriend as well! You didn't think that was relevant to mention in the initial 'story'??? Was your boyfriend using a crowbar? Was your friend doing gymnastics? What reason did they give you (plural) for detaining the two others? I'm guessing there is either a lot more to the story that we will never know, or it is just a story.....
They might need to put a sign up now: "The handrail is not a balance beam"
Quote: FleaStiffOh I'm not saying anything about what a lawyer would charge... that is for later.
I'm not saying if you have a case...that is for later.
I'm not saying if it weak or strong... that is for later.
I'm not saying the damages a jury would award would be high...that is for later.
Her letter asking for air fare doesn't mean as much as a lawyers letter does.
Airfare, fear, lost sleep, nightmares about police and jail cells, ... its not a major case but it is a case. There was unlawful detention for several hours and the grounds are laughable.
What I said is one and only one thing. CALL A LAWYER NOW. Let him assess the damages and fees that would be involved and explain it to you. Don't rely on our assessment of the case. Many lawyers in town will talk to you for thirty minutes for free. On this case it would probably be fifteen minutes that you need and nothing esle.
But remember, Luxor just got dinged by a jury and they might not want to risk another case of bad publicity.
Bob N recently (I think it was march, but details didn't emerge until april) won a case in Mesquite against Virginia River casino in which two AP's where illegally detained for 15 minutes, held in their hotel room. The verdict $200,000. :)
