- September 19 2023
- | Personal Injury
Slipping and falling can happen to anyone, but when your accident occurs on someone else’s property due to their negligence, you may be entitled to compensation. As a resident of Nevada, it’s important to understand your rights and who may be responsible in the event of a slip and fall. Property owners and managers in Nevada owe a duty of care to maintain safe conditions for lawful visitors. If they breach that duty by failing to correct or warn of hazards they knew or should have known about, they can potentially be held liable for any injuries that result.
Determining Liability in Nevada Slip and Fall Accidents
As a victim of a slip and fall accident in Nevada, determining liability is crucial to pursuing compensation for your injuries. Under Nevada law, property owners and managers have a duty to exercise reasonable care to keep their premises safe for lawful visitors. If they breach this duty by failing to correct or warn of dangerous conditions that could cause a fall, they can be held legally responsible.
Identifying Responsible Parties
The first step is identifying all parties that could potentially be liable for your accident. This typically includes the owner and operator of the property, but may also extend to contractors, maintenance companies, and vendors. Through a process known as discovery, your attorney will gather evidence to determine which parties knew or should have known about the hazardous condition, and whether they took reasonable steps to remedy it.
To prove liability, you must show that the responsible parties were negligent in some way. This could mean they failed to properly maintain the area, did not warn of known dangers, or did not follow standard safety practices. Your attorney will need to establish four key elements: duty, breach, causation, and damages. By analyzing details like the specific location of your fall, the circumstances leading up to it, and the nature of your resulting injuries, a skilled lawyer can build a solid case for compensation.
By taking swift action with the help of an experienced Nevada slip and fall attorney, you can identify the parties responsible for your accident and hold them fully accountable. While the process may seem complicated, obtaining justice and financial recovery for preventable injuries is well worth the effort. With persistence and the right legal team on your side, you can achieve a fair outcome.
Proving Negligence in Your Slip and Fall Case
To prove negligence in your slip and fall accident case, you must show that:
The property owner failed to exercise reasonable care
Property owners have a duty to inspect the premises and fix any dangerous conditions to prevent injuries. If the hazard that caused your fall could have been detected and remedied through regular inspections and maintenance, the property owner may be found negligent.
The dangerous condition was foreseeable
The property owner is responsible only for conditions that could reasonably be anticipated. For example, a slippery floor surface during snowy or rainy weather would likely be foreseeable, whereas an unforeseeable microburst of rain may not. The key factor is whether the property owner took reasonable precautions for foreseeable risks.
The hazardous condition caused your injuries
You must show that the unrepaired, unsafe feature directly resulted in your slip and fall accident. For instance, if you tripped on an uneven sidewalk surface and suffered injuries, the defective sidewalk would be the proximate cause. On the other hand, if you slipped on a freshly mopped floor that was clearly marked with warning signs, the wet floor may not qualify as a hazardous condition.
By proving these three elements — failure to exercise reasonable care, foreseeability of the risk, and proximate cause — you build a strong case that the property owner’s negligence led to your slip and fall accident. An experienced personal injury attorney in Washoe County can help determine who is at fault and fight for the compensation you deserve. With determination and the facts on your side, justice can be served.
Common Causes of Slip and Fall Accidents in Nevada
Common Causes of Slip and Fall Accidents in Nevada
According to The National Floor Safety Institute (NFSI), more than one million people seek emergency medical attention for slip and fall accidents in the U.S. each year. The Centers for Disease Control and Prevention (CDC) reports that 1 in 5 fall accidents results in a serious injury, such as a broken bone or a concussion.
Some of the most common causes of slips and falls in Nevada include:
- Wet or slippery floors – Spills, leaks, mopping, or weather conditions can make walking surfaces slick and hazardous. Property owners must place warning signs, promptly clean up spills, and take measures to prevent excess water from accumulating.
- Uneven walking surfaces – Cracks, holes, loose tiles, torn carpet, or abrupt changes in flooring levels can easily cause pedestrians to trip or lose their balance. Property owners should regularly inspect walking areas and make necessary repairs to avoid uneven or unstable ground.
- Poor lighting – Inadequate lighting, especially in stairwells, parking lots and along pathways can obscure potential trip hazards and make it difficult for visitors to navigate safely. Adequate lighting should be provided, especially in high-traffic and potentially dangerous areas.
- Clutter or obstacles – Items left in walkways, narrow pathways, and exit routes can create barriers and increase the risk of falls. Good housekeeping and keeping aisles and exits clear are important for safety.
- Lack of handrails – Staircases, ramps, and other elevated walking surfaces should have handrails installed to provide support and prevent falls. Handrails should be properly secured and be able to bear the weight of anyone who may grasp them.
If you have been injured in a slip and fall accident due to unsafe conditions on someone else’s property in Nevada, the property owner may be held responsible. Speaking with an attorney regarding your legal options can help determine who is liable and ensure you receive fair compensation.
Damages You Can Recover With a Slip and Fall Claim
In Nevada, several types of damages may be recoverable in a slip and fall accident claim. The specific damages will depend on the severity and details of your unique accident.
You have the right to pursue compensation for reasonable and necessary medical bills, hospital stays, physical therapy, medications, and other medical care required to diagnose and treat your injuries from the slip and fall. This includes both past and future medical costs if your injuries are permanent or long-term.
If your injuries prevent you from working, either temporarily or permanently, you may be entitled to compensation for lost wages. This includes wages already lost as well as loss of future earning capacity. Lost wage claims require evidence such as pay stubs, W-2 forms, and a doctor’s note indicating the necessity of time off work.
Pain and Suffering
You may recover non-economic damages for the physical pain, mental anguish, and loss of enjoyment of life that results from a serious injury. Pain and suffering damages aim to compensate you for the trauma and hardship caused by the accident. The exact amount will depend on the severity and duration of your injuries.
In the tragic event that your slip and fall accident results in death, certain surviving family members may pursue a wrongful death claim. Eligible parties include spouses, children, and in some cases parents or siblings. A wrongful death claim seeks damages such as loss of companionship, loss of financial support, and medical and funeral expenses. If you are seeking legal guidance in Reno for a wrongful death claim, it’s important to consult with a knowledgeable Reno wrongful death lawyer who can provide you with the necessary support and expertise..
If the property owner’s negligence was particularly egregious or reckless, punitive damages may be awarded in addition to compensatory damages. Punitive damages are meant to punish the defendant for their conduct and deter similar behavior in the future. They are awarded only in rare, extreme cases.
Leverty & Associates has extensive experience helping clients in Nevada obtain fair compensation for their slip and fall accidents. We will thoroughly investigate your claim, deal with insurance companies on your behalf, and fight to maximize your financial recovery so you can move on from this difficult event.
Why You Need an Experienced Slip and Fall Attorney in Nevada
As the victim of a slip and fall accident in Nevada, it is in your best interests to hire an experienced slip and fall attorney to represent you.
Local Expertise Matters
Leverty & Associates is intimately familiar with Nevada’s legal statutes regarding premises liability and personal injury. We understand how Nevada courts have historically viewed slip and fall cases, and we know how to build the strongest possible case for our clients. Our legal team stays up to date with the latest rulings to determine liability and ensure maximum compensation.
A Skilled Negotiator Is Critical
Slip and fall cases often come down to negotiations between attorneys to reach a settlement before going to trial. An experienced lawyer will have a proven track record of negotiating the highest settlements possible for clients. They will know how to determine appropriate compensation for medical bills, lost wages, pain and suffering, and other damages. Without skilled legal representation, you may end up with an unfair settlement that does not adequately cover the costs from your accident.
Trials Require Experience
If a fair settlement cannot be reached through negotiations, the case may proceed to trial. Presenting a compelling case in court requires an attorney who is well-versed in questioning witnesses, introducing evidence, and making a persuasive legal argument. At Leverty & Associates, your trial lawyer and their peers will have decades of combined experience. We are fully prepared to take a case to court if need be to get our clients the justice and financial recovery they deserve.
In summary, if you have suffered injuries from a slip and fall accident that was not your fault, do not delay in contacting a slip and fall attorney in Nevada for a free legal consultation. With the right legal team handling your case, you have the best chance of success in recovering damages and moving on from this difficult situation.
Justice Must Prevail – Contact Us Today
As you can see, determining liability in a slip and fall accident in Nevada can be complicated. While property owners do have a responsibility to maintain safe conditions, visitors also need to exercise reasonable caution. The specific details of your accident and injuries will determine who is ultimately responsible. If you have suffered harm in a slip and fall, you should consult with us right away.
Call us in Reno at (775) 322-6636 and Las Vegas at (702) 507-0201 to set up your free consultation today. We will examine the specifics, review relevant laws, and build a strong case on your behalf so you can recover damages for medical bills, lost work, pain and suffering. Don’t delay — time limits apply, so act now to understand your rights and options under the law.