It is common sense that everyone needs to pay attention when walking about a business. The owner may be responsible for preventing some accidents, but it is ultimately up to an individual to avoid some obvious dangers. It is reasonable to assume that someone would take care when walking on wet, outdoor stairs. After a police officer fell while walking on the stairs of the Las Vegas Bellagio, she sued the hotel.
When the Florida police officer originally brought her lawsuit, the court and the jury agreed that the hotel was responsible. The first jury determined that the hotel was comparatively responsible for the woman’s fall and ordered it to pay her $1.2 million. Unfortunately, that jury made a mistake in awarding comparative fault damages and, on appeal, the hotel won.
Now, the woman wants to bring her slip-and-fall lawsuit to the Nevada Supreme Court. It seems she waited almost two years before she filed her appeal, despite Nevada’s requirement that appeals to the Supreme Court be filed within 30 days. Accordingly, the Nevada Supreme Court refused to hear the police officer’s appeal.
It only makes sense that a court would have restrictions on when appeals can be filed. It would be unfair for the Bellagio to save $1.2 million in case the woman chose to file an appeal. Having a definitive time period for filing an appeal allows a business to free up its money for investment and growth, rather than living in fear of an upcoming future appeal.
Source: Las Vegas Sun, “State Supreme Court refuses to hear appeal of $1.2 million Bellagio slip-and-fall case,” Cy Ryan, Oct. 3, 2011