Jack G. Bernstein, Las Vegas Encore slip & fall trial lawyer
$500M+
Recovered
Jack G. Bernstein, Esq.
Personal Injury Lawyer

Las Vegas Encore Slip & Fall Accident Attorneys

Hurt in a fall at Encore?

Encore Las Vegas is often described as the “younger, hipper” sibling to the classic Wynn. With its butterfly motifs, signature red chandeliers, and world-famous nightlife venues like Encore Beach Club and XS, it attracts a younger, higher-energy crowd.

No fee unless we win
Available 24 hours a day
National Top 100 Trial Lawyer
Injured on someone else’s property?

Jack’s Got Your Back

Las Vegas Encore Slip & Fall Accident Lawyers

If you fell at Encore, you are likely the victim of a specific operational hazard profile that differs significantly from the quieter corridors of the Wynn.

When you slip and fall at Encore, you are often the victim of a conflict between luxury design and high-volume nightlife traffic. High-gloss marble floors inlaid with intricate butterfly mosaics are stunning to look at but dangerous when wet. And when thousands of pool-goers from Encore Beach Club flood into the casino, those floors can become dangerously slick.

With 40+ years of experience as a personal injury attorney, Jack Bernstein understands the specific Encore risk profile. He knows that while Wynn Resorts projects an image of perfection, their operational teams face significant challenges managing safety during peak nightlife hours. We fight to prove that your injury was not a result of your clumsiness, but of their failure to maintain safety amidst the party.

$500M+
Recovered for Clients
50,000+
Cases Handled
40+
Years of Experience
National Trial Lawyers Top 100
Jack G. Bernstein Esq. Las Vegas Personal Injury Lawyer NV Bar#9971
Best of the Bar award
Jack Bernstein, Injury Lawyers, PLLC A+ BBB Accreditation & Rating
Avvo rated attorney
Google 5-star reviews

Find out what your case is worth

Free, confidential evaluation in as little as 5 minutes. Contact us today to speak to Jack personally.

  • You pay nothing until we win
  • Get an immediate call back. 24/7
  • We do not sell or share your information
Available 24/7. Or call (702) 633-3333
The record

Over $500 Million in Verdicts & Settlements

Jack Bernstein stays personally involved in the cases his firm handles. We will investigate your claim and pursue any compensation that may be available under the facts and the law.

$2,225,000Premises liability resulting in death
$1,750,000Slip and fall injury resulting in RSD & burn injury
$9,000,000Auto accident injury resulting in neck injury
$7,900,000Car accident resulting in wrongful death
$3,000,000Truck accident injury resulting in neck injuries
$2,550,000Head-on motor vehicle collision with neck and back injuries

*Jack Bernstein has worked on the above cases during his career at this firm or another firm. Past results do not guarantee, warrant, or predict future cases.

See Case Results

Why hire Jack Bernstein Injury Lawyers?

Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 years.

Slip and fall accidents happen at casinos and hotels across Las Vegas, not just Encore. If you were injured at another property, Jack Bernstein handles casino and hotel slip and fall cases throughout the valley.

Speak to Jack about your case
What our clients say

I had a fantastic experience with Jack Bernstein injury attorney firm! The team was incredibly smart and supportive, guiding me through every step of my case. Their expertise and dedication made a significant difference in the outcome of my situation. I truly appreciate their assistance and highly recommend their services to anyone in need of a top-notch injury attorney.

Ashley Sonson
  • $500 million+ recovered

    More than 40 years of verdicts and settlements for injured people and their families. Past results do not guarantee your outcome.

  • Jack is personally involved

    You are not a case number. Jack stays involved in your case, and you will always know who is handling it.

  • We know how insurance companies work

    Property owners often claim they never knew about the hazard. We find out what they knew and when they knew it.

  • Experts who strengthen your case

    Safety experts, surveillance footage, incident reports and maintenance records, secured before they disappear.

  • No fee unless we win

    No upfront cost. We advance the expenses of your case, and you pay no attorney fee unless we win.

  • Free consultation, day or night

    Call any time, 24 hours a day. Tell us what happened and you will get an honest answer about your case.

What to do immediately after a fall at Encore

Encore’s security team is aggressive and legally sophisticated. They will immediately attempt to manage the “optics” of your fall. You must be equally disciplined.

Report to Encore security specifically

Ensure your report is filed with Encore security, not just a floor manager. Demand an incident report number before you leave.

Photograph the floor detail

If you fell in the main promenade or atrium, photograph the butterfly mosaic inlays. These intricate stone patterns often have different friction coefficients than the surrounding white marble, creating inconsistent traction.

Check for “transition” water

If you fell near the entrance to Encore Beach Club or XS, check for water tracked in by other guests. The transition from the pool deck to the casino carpet is a primary hazard zone.

Preserve your Wynn rewards card data

Your play history creates a timestamped record of where you were in the resort and when, which is often the cleanest evidence of your movements. It is not what gives you the right to be there: a guest on a casino floor that is open to the public does not need a players card to be lawfully on the premises.

Do NOT sign “guest recovery” offers

Encore hosts are authorized to offer room upgrades, spa credits, or comped meals to “smooth over” a bad experience. These often come with liability waivers. Do not sign anything without a lawyer.

Act before footage deletion

The Nevada Gaming Control Board’s surveillance standards (Rev. 04/26) require a licensed casino to keep the recordings they cover for a minimum of seven days until April 3, 2027 and fifteen days after that (30 days for a recording of a detention or questioning by security), and what this property keeps beyond that minimum is its own policy. A written preservation request needs to go out immediately, before the video of your fall is overwritten.

Operational hazards: why falls happen at Encore

Hazards are specific to the physical design and operations of Encore.

The “butterfly” floor hazards

Unlike Wynn’s floral theme, Encore features extensive butterfly motifs inlaid into the flooring.

Inconsistent friction

The mosaic butterflies are often made of different stone materials than the surrounding high-gloss marble. This change in texture can catch heels or cause slips when transitioning between materials.

Visual camouflage

The busy, colorful patterns of the butterflies and red carpet can hide liquid spills. A clear drink spill on a complex mosaic is nearly invisible until you step in it.

The Encore Beach club (EBC) transition

Encore Beach Club is one of the busiest dayclubs in the world. Its location creates a unique “wet guest” traffic flow.

The “wet walk”

Thousands of guests exit EBC and walk directly onto the casino floor or toward the elevators. Despite “dress code” enforcement, guests frequently track pool water, sunscreen, and spilled drinks deep into the resort.

Surrender/Night swim moisture

EBC at Night and Night Swim events extend these wet hazards into the early morning hours, creating slip hazards when cleaning crews are least active.

The XS “golden” entrance

XS Nightclub is located in the corridor connecting Encore to Wynn, but its massive crowds spill primarily into Encore.

The glitter staircase

The entrance to XS features a famous gold staircase. Spilled drinks, body glitter, and confetti from the club can settle on these steps, making them incredibly slick.

Queue hazards

The General Admission line for XS often wraps around the Encore casino floor. Guests waiting for hours spill drinks, creating sticky or slippery patches in high-traffic walkways.

Peak hazard windows

Dayclub closing (6:00 PM, 7:00 PM)

The mass exodus from EBC creates the highest density of wet floors near the casino entrance.

Nightclub opening (10:30 PM, 12:00 AM)

The pre-game rush creates spill hazards in the lobby bar and casino walkways.

Shift changes (3:00 PM and 11:00 PM)

Standard cleaning crew transitions can create gaps in floor maintenance, particularly in the casino and lobby areas.

Proving negligence: holding Encore accountable

Under Nevada premises liability law, Encore owes visitors a duty of reasonable care under the circumstances (Foster v. Costco Wholesale Corp., 128 Nev. 773 (2012)), and we must prove it failed in that duty. We must establish four specific elements:

Dangerous condition

We identify the specific hazard. This could be the slippery butterfly inlay, tracked water from EBC, or a spill hidden by the red carpet pattern.

Constructive notice

We must prove they knew or should have known. Encore has a massive security and cleaning staff. If a spill sat near the high-limit slots for 15 minutes, we argue their surveillance and floor staff should have seen it.

Failure to warn or fix

Did they place a “Wet Floor” sign? Was it visible, or was it tucked away to avoid ruining the luxury aesthetic?

Causation

We must prove the specific hazard caused your injury. We connect the wet marble or uneven mosaic to your fall and answer the alternative explanations the resort raises, such as your footwear.

Types of compensation you may recover

A fall at a luxury resort creates complex damages. We identify and document each financial and personal loss the fall caused you, and we press for what the evidence supports.

Standard damages (all cases)

Economic damages

Coverage for emergency room visits (often at Sunrise or UMC Trauma), surgery, physical therapy, ongoing treatment, prescription medications, and lost wages.

Non-economic damages

Compensation for physical pain, emotional distress, loss of enjoyment of life, and permanent scarring.

Tourist-specific damages

Most Encore guests are visiting from out of state, so we also pursue the costs the travel disruption creates. That can include medical transport to your home state, reasonable lodging costs while you are medically unable to fly, and reimbursement for flight changes and rebooking fees.

Common defenses: the “party” defense

Encore is a party destination. Defense attorneys almost always rely on the “intoxication” argument.

The counter-measure (NRS 41.141)

We use Nevada’s Comparative Negligence law (NRS 41.141) to show that being partly at fault reduces what you recover rather than automatically ending your claim, unless your fault is greater than the combined fault of everyone you are suing.

The argument

Encore’s entire business model is built on serving alcohol. From the poolside bars at EBC to the table service at XS, they aggressively market alcohol to guests. They cannot profit from aggressively marketing and serving alcohol, then blame you for not walking perfectly.

The law

Even if you were partially at fault due to alcohol, you can still recover compensation as long as your negligence was not greater than the negligence of the defendant, or the combined negligence of the defendants you are suing (NRS 41.141); your share of the fault reduces the award rather than ending the claim. We argue that a completely sober person would also have slipped on the invisible water or the slick mosaic tile.

Why choose Jack Bernstein Injury Lawyers

Jack Bernstein has been fighting for injury victims in Las Vegas for 40+ years. He understands the specific hazards of Wynn Resorts properties and how to counter their sophisticated legal defenses.

No upfront costs

We work on a contingency fee basis. You pay nothing unless we win.

Specific knowledge

We understand Encore’s unique hazard profile, from the butterfly mosaics to the EBC wet walk.

Free consultation

We will provide an honest, clear evaluation of your case.

Frequently asked questions

Have questions about your case?

Every Encore slip & fall accident case is different. These answers cover the general rules; what applies to you depends on the facts.

Call us any time, 24 hours a day, and we will go through the specifics with you. It is free, and there is no obligation.

(702) 633-3333 Free consultation · Available 24/7 Or send us the details online
How long do I have to file a lawsuit against Encore?

Nevada law generally gives you two years to file an injury lawsuit (NRS 11.190(4)(e)), though different deadlines and exceptions can apply, including that the period does not run while the injured person was under 18 or insane when the claim accrued (NRS 11.250), and critical surveillance footage can go much sooner: the state gaming surveillance standards require a licensed casino to keep the recordings they cover for a minimum of seven days until April 3, 2027 and fifteen days after that, and a property may overwrite footage once that minimum passes. Send a written preservation request immediately, before the evidence is gone.

Can I handle this case from my home state?

Mostly, yes. You do not need to be in Las Vegas for us to work the claim: we handle the filings, evidence preservation and negotiations locally and meet by video, and most claims are resolved without the client returning. If the case is filed and does not settle, there are points where your participation is usually needed in person, such as a deposition, a medical examination arranged by the other side, or trial. We tell you early if your case looks like it is heading that way so travel is planned and not a surprise.

Is Encore liable for falls inside the nightclubs (XS/EBC)?

Yes, but the liability can be complex. These venues may be operated by specific nightlife groups or have distinct insurance policies from the hotel. We name all relevant entities (the resort, the nightclub operator, and the cleaning contractors) to ensure every insurance policy is triggered.

Testimonials

What Our Clients Say

Read all our reviews on Google
5.0 · 400+

Testimonial 1 of 6

“First off let me say that I am very grateful for Vanessa Dan and Jack Bernstein from Jack Bernstein Injury lawyers they were amazing at helping me go through a tough time in my life when I got injured they helped me get a great settlement and helped me receive great care by sending me to awesome profesional teams where I was able to start my recovery to getting back to my normal lifestyle very satisfied with my experience and recommend them to anybody looking for justice in any injuries they have.”
Linda June 26th, 2026
“I highly recommend Jack and his team. They thoroughly take care of you, explain every step of the process, and ensure they fight tooth and nail to get you what you deserve. Dan assisted with the initial intake, Erika kept me updated, and Jack was available any time we had any questions. Thank you all for your diligence on my case!”
Crystal Hollibaugh Las Vegas, NV · May 16th, 2025
“From day one, I trusted Jack and felt safe. Jack Bernstein is caring, understanding and compassionate. He is everything that I was looking for in a lawyer. Jack and my paralegal Zully were fully committed to my case, and Jack’s expertise and negotiation skills led to a fantastic settlement that far exceeded my expectations. They kept me informed every step of the way. This is the law firm you want in your corner! Jack Bernstein is the way to go!!!”
Lesly Flores March 30th, 2025
“Jack and his staff helped me through my recovery. I didn’t have to worry about anything but healing. They kept me updated on my case and fought for me. Jack has my back and he will have yours too.”
Santana Hargrove Las Vegas, NV · July 16th, 2025
“I had a great experience with Jack Bernstein Injury Lawyers, and I’m especially grateful for the exceptional care and support I received from Erika. From the very beginning, Erika made sure I felt heard and supported. She checked in on me regularly throughout the process, keeping me updated and making sure I understood everything every step of the way. No question was too small she answered all of mine with patience and clarity. Her compassion and professionalism truly made a difficult time much easier. Thank you to everyone at the office!”
Alex Hernandez Las Vegas, NV · May 12th, 2025
“If any one is looking for a lawyer look no more and go to Jack Bernstein injury lawyers. They handled everything for me in little to a few months. They were very helpful and answered any questions that i had. The staff are very friendly. Definitely recommend them and would come back to them in a heartbeat if needed. Thank you Jack Bernstein Injury Lawyers and Team!”
Maria Andrade July 12th, 2024
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  • You pay nothing until we win
  • Get an immediate call back. 24/7
  • We do not sell or share your information
Available 24/7. Or call (702) 633-3333

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Open 24 hours, 7 days a week

Jack Bernstein Injury Lawyers is conveniently located in southeast Las Vegas, on the Longford Plaza near the Warm Springs Road and Eastern Avenue corridor. Our office is located just east of the I-215 beltway, on the edge of Henderson, making it easily accessible from across the Las Vegas and Clark County area.

Injured and recovering at home or in the hospital? We will come to you. Call (702) 633-3333

We serve clients across the Las Vegas metropolitan area, including Henderson, Summerlin, North Las Vegas, the Las Vegas Strip, Downtown Las Vegas, Spring Valley, Paradise, and Enterprise, along with Pahrump and Boulder City.