Even though it’s hard to believe, slip and fall accidents happen in popular places like Las Vegas. According to the National Floor Safety Institute (NFSI), over one-million Americans end up in an emergency room each year due to slip and fall injuries. If you are ever the victim of such an accident, a Las Vegas personal injury attorney can help you win compensation for your losses.
The amount of compensation you can get through an insurance claim or lawsuit is often based on the circumstances of your case. In these situations, it’s essential to understand your rights and responsibilities when filing a personal injury claim after a slip and fall accident.
Property Owner Responsibilities Under Nevada Revised Statutes 41.130
Property owners in Las Vegas are obligated under the Nevada Revised Statutes (NRS) to keep their premises safe. This means they are held to a duty of effectively and regularly inspecting such conditions on their property, and fixing or repairing dangerous conditions promptly.
If a grocery store has a spill, for example, it needs to be cleaned up promptly so that customers do not fall. Sidewalks or pavement should be marked with a noticeable delineator. Property owners must ensure that their buildings are well-lit so people can find their way around safely and make sure that the premises are generally safe for people.
Understanding Premises Liability in Las Vegas
In the state of Nevada, premises liability is an essential centerpiece in Las Vegas slip and fall claims. It pertains to cases where a property owner is negligent which led to an injury, not fixing or refusing to warn about hazardous conditions.
For instance, if a store owner fails to repair a floor defect that they are aware of or does not properly clean up a spill, and someone falls on the wet surface, the owner may be held responsible for any resulting injuries.
It applies to all types of properties, so if you are a home or business owner in any way or at any level, the last thing you want is dangerous premises. Premises liability laws are designed to protect individuals from harm due to the negligence of a property owner. They also require property owners to be responsible for maintaining their property in order to prevent injuries.
Differences Between Private Property and Public Places
The obligations of property owners in slip and fall cases vary between private and public properties. Homeowners and other public or private property owners are required to ensure that their premises, including any vehicles, do not pose a danger to others. They have a responsibility of attending to hazards that they know exist, but an arguably reduced obligation as relating to intruders.
However, businesses and public venues such as stores and restaurants are under a different level of duty of care. These establishments are expected to regularly inspect their property for damage and other risks and make prompt repairs to avoid injuries.
This includes promptly cleaning up spills, repairing loose flooring, and providing clear signage to warn of potential dangers. The law imposes this heightened duty of care in public spaces because they attract larger crowds, increasing the likelihood of accidents.
Common Hazards Leading to Slip and Fall Accidents in Las Vegas
Slip and fall accidents can result from various hazards resulting from the negligence of property owners. Some common hazards leading to slip and accidents in Las Vegas include:
- Slippery surfaces
- Wet floors due to water, rain, or leaks
- Uneven surfaces like cracked sidewalks, loose floor tiles and carpet, rugs, etc.
- Poor lighting
- Objects, debris, or loose cables cluttering walkways
- Ice or snow covered walkways or parking lots
For businesses with heavy foot traffic, regular maintenance is crucial to address potential dangers.
Steps to Take after Las Vegs Slip and Fall Accidents
In the event of a slip and fall accident, it’s vital that you take certain steps to protect your legal rights and compensation. Here’s what you need to do:
- Seek medical attention immediately
- Photograph the accident scene and injuries: Take photos and videos of the hazards that caused the fall as well as your injuries.
- Collect witness information: If there were any witnesses to the accident, collect their contact information for your lawyer to use to build your claim.
- Notify the owner or manager: File an official incident report and request a copy. Document all conversations, including dates, times, and names of those involved.
- Keep documentation of expenses: Track out-of-pocket costs such as medical bills, prescriptions, and lost wages.
- Maintain a journal: Record both your physical and emotional symptoms and their impact on your day-to-day activities.
By collecting and preserving evidence as diligently as possible, you can build a better personal injury case for your Las Vegas slip and fall accident lawyer to use in order to pursue compensation.
How to Prove Negligence in a Slip and Fall Case
Proving negligence is the key to a successful personal injury claim in a slip and fall case. For your attorney to prove negligence, there are a few aspects of your case that must be present:
- Establish duty of care: Demonstrate that the property owner was responsible for maintaining a safe environment.
- Prove a breach of duty: Show that the owner knew or should have known about the hazardous condition and failed to fix it in a timely manner.
- Link the dangerous condition to your accident: Provide evidence that the hazardous condition directly caused your injury, such as medical records, proof of the absence of warning signs, photos, and videos of the accident scene and your injuries.
Gathering witness statements from anyone who was present during the accident will strengthen your case. Finally, hiring a Las Vegas slip and fall attorney is crucial in gathering and presenting this evidence. An experienced lawyer will make sure that you gather all the evidence needed to build a strong claim.
Victim Rights and Possible Compensation
If you are the victim in a Las Vegas slip and fall accident, you may be entitled to compensation. Expenses from medical care, surgeries, and inpatient rehabilitation are commonly awarded. Victims may also file for compensation for missed work due to injuries sustained. Victims may also win compensation for lost wages due to their injuries, which can include potential future earnings if the injury impacts your ability to work long-term.
All victims are eligible for compensation for pain and suffering. Punitive damages can be awarded in more extreme cases of negligence. This type of damages functions both as a punishment to the wrongdoer and acts as an example to deter future misconduct.
All victims are eligible for compensation for pain and suffering. Dealing with insurance agencies often means facing low initial settlement offers that fail to cover the full extent of the victim’s losses. Victims can seek a just settlement with the help of a skilled personal injury attorney who knows how to properly assess their claims and negotiate for them.
Contact Lerner and Rowe for Legal Assistance after Slip and Fall Accidents in Las Vegas
A slip and fall accident is overwhelming when dealing with medical expenses, lost wages, and stress. Lerner and Rowe understands slip and fall accidents in Nevada and will advocate for your rights by investigating your case, gathering evidence and helping you build a strong claim.
Reach out to Lerner and Rowe today to schedule a free consultation and take the first step toward recovery. Your path to justice starts with a simple call to 702-877-1500.