Slip and Fall Accidents in Las Vegas - What to Do?
You’ve been injured in a slip and fall accident due to the dangerous conditions on someone’s property and now they’re trying to make you look like a fool. Their insurance company is denying your claim while you suffer the painful consequences of their client’s negligence. They’re trying to twist the circumstances and bury the truth, hoping you’ll go away frustrated and uncompensated.
That is why a slip and fall attorney is so necessary in these situations, because no matter what the insurance companies say, the law is clear: property owners have a responsibility to inspect their property and maintain it properly. Dangerous conditions should be warned of appropriately, and malfunctioning equipment or slippery floors should be clearly labeled.
Slip and Fall Injury?
If you or a loved one has suffered significant injuries in a slip and fall accident at a business or at someone’s home, you may be able to file a lawsuit and recover fair compensation for the injury it cost you. We can help you recover from the disabilities suffered as a result of the property owner’s negligence. You may be able to file a claim for:
- Lost earnings
- Disfigurement and pain
- Permanent physical disability
- Emotional distress
- Medical bills
- Pain and suffering
Dallas Horton & Associates has successfully “reminded” insurance companies of the laws regarding premises liability, time and time again, for over a decade. Dallas Horton & Associates, an expert Las Vegas personal injury attorney has the experience and medical knowledge necessary to fight the willful ignorance and shameful behavior of negligent business owners to get you the compensation you deserve.
Determining Liability for Slip & Fall Accidents
There is no absolute way to determine if someone is legally responsible for an incident that causes you to slip and fall in Las Vegas. The case will depend on whether the property owner took precautions and actions to ensure the possibility of slipping and falling would not occur. By the same token, you must prove that you were not careless. For the owner to be held legally liable, you must prove one of the following three elements:
- The property owner or the employee must have caused the spill, hole in the floor or other dangerous surface because of a failure to perform maintenance or repairs.
- The owner of the premises or an employee must have knowledge of the danger, but did not remedy the situation that caused the injury.
- The property owner or an employee knew about or should have known the hazardous surface or condition, but did not alert visitors or tenants about this fact.
The last situation may be the most common case, because it focuses on what the property owner or employee “should have known”. If you fall happened while you were at work, then you may be eligible for workers compensation, in which case please contact our work injury lawyer in Las Vegas here. It is important to note that, in all cases, the judge and jury will look at the evidence to determine whether the property owner exercised reasonable care or acted negligently. Dallas Horton & Associates is a preferred Las Vegas slip and fall lawyer because of the firms experience and dedication to their clients.
Let Dallas Horton & Associates Help!
A simple trip to the store or a fun night at a casino shouldn’t put you in the hospital. Contact our firm if you or a loved one have been injured as a result of:
- Grocery stores failing to have an employee make regular floor inspections to check for and clean up spills
- Landlords failing to make sure all the lights on the property work and see that the hallways, stairs, and common areas are clean and clear of dangerous debris
- Construction zones failing to mark dangerous areas with cones or other warning signs
- Casinos failing to insure the property is safe and free from construction defects
What You Need To Know About Slip and Fall Accidents
Slip and fall accidents all boil down to two things: negligence and liability.
In the U.S., a case is one based on someone slipping and falling; injury is most often a result. Slip and fall accidents center on whether the property owner(s) in question were negligent in allowing such a dangerous condition to exist.
Property owners typically have two lines of defense against this type of claim. One is that they weren’t negligent. For example, a property owner may claim they didn’t have time to discover a newly-created dangerous condition, such as water that a patron just spilled. The other defense for property owners is claiming that the injured person was at fault. Using the aforementioned example, why didn’t the person who slipped on the water notice the water on the floor himself / herself?
Perception may be that slip and falls are partially the fault of the injured party; however that may not always be the case. Slip and fall accidents in Las Vegas occur frequently. With the slew of convenient stores and shopping centers in town, it’s no wonder.
In Nevada, property owners are required to maintain the condition and safety of their premises. It’s understood that patrons will be in a hazard-free environment when visiting. If a property owner fails to take reasonable care to prevent a person’s injury, the owner could be found liable for the injuries caused. Injuries can range from mild to extreme; imagine the kind of injuries that could be sustained by an elderly person, especially considering the frailty of their bones and the ease in which hips can be broken.
At Dallas Horton & Associates, we care about you and your injury case because no one deserves to be wrongfully injured. Proving negligence and claiming liability can often be a difficult thing to do in court, but we’re committed to fighting for your rights.
How to Win a Slip and Fall Claim
Winning a slip and fall lawsuit often comes down to gathering enough testimony and evidence. Gathering testimony from employees, other patrons, other visitors, former employees and others can show a pattern of negligent behavior on the part of the property owner. It can also help establish you were in a lawful area, there were inadequate signs, and you acted in a reasonable manner.
If you would like a legal expert to assist you with the challenges of filing your claim, contact Dallas Horton & Associates. If you have been injured, our Nevada law firm can offer advice and help you understand whether you have a strong case.
If you decide to pursue a claim, our Las Vegas slip and fall lawyer is capable of representing clients across Nevada in personal injury cases. For more than 17 years, we have been a part of the Nevada community, helping plaintiffs across the state with their legal issues. Contact us today if you have been injured and would like legal representation.
How to Prove Fault for a Slip and Fall Accident
In most cases, in premises liability claims in Nevada, judges and courts will look at the idea of common sense. They will try to base liability on the idea of what a reasonable person would or wouldn't do in a specific situation.
In some cases, proving fault in fall accidents comes down to the evidence available. For example, you may be able to prove that a property owner was negligent if:
- You can provide witness testimony showing that the property owner had dangerous conditions
- There have been written complaints about safety problems at a specific property before
- You have written statements informing the property owner of a dangerous conditions before your accident took place
- You have photos showing obviously dangerous conditions with no warning signs dating back to the time of your accident
- You can get employees or others to confirm they spoke to the property owner about dangerous conditions but the issues were never fixed
- You can show poor lighting or broken lighting contributed to the accident
- You can show through eyewitness testimony or other means you weren't skipping, running, distracted or in an area you shouldn't have been at the time of your accident
Challenges to Slip and Fall Claims
Proving slip and fall claims can be difficult, especially since they can eventually come down to a matter of one person's testimony against another's. However, if the fall led to the death of a loved one that is another matter entirely, and you need to contact a wrongful death attorney right away. The property owner may claim they are careful in providing a safe environment while you may claim a property owner was negligent in providing a safe space for you.
These types of claims also tend to have multiple challenges, including:
- The State of Nevada requires you to file your claim within two years of the injury
- The property owner may quickly clean up spilled liquid or other dangers, making it hard to prove these dangers existed when your accident happened
- The property owner may be able to produce a document claiming they conducted regular checks to make sure everything was safe
- The property owner may blame a contractor, subcontractor or employee for unsafe conditions
- The property owner may claim there were signs in place or you were not watching where you were going at the time of the accident
Frequently Asked Questions (FAQ):
Can I sue for a slip and fall?
Yes, in Nevada all businesses have a duty to avoid foreseeable harm to others. These are generally defined under premises liability law.
What counts as a slip and fall?
Slip, trip and falls are generally unsafe conditions on a premises causing a person to slip, trip or fall.
How long do I have to file a slip and fall claim?
You have two years from the date of your accident to file a lawsuit.
What does NOT count as a slip and fall?
Anything that does not involve slipping, tripping or falling. Other events would be defined generally under premises liability. For example, something falling from the ceiling and striking someone is a good premise liability case, but would not be classified as a slip, trip or fall.
What should you do right after a slip and fall?
The first thing you should do is take photos of what caused you to slip, trip and fall. Immediately identify, get the names, numbers and information of any witnesses, fill out the property owner’s incident report
How do you prove negligence in a slip and fall?
To prove negligence a lawyer must show that the property owner created a danger on his or her property or was on notice of a danger that he or she failed to correct and someone was injured as a result of the dangerous condition.
What is the average settlement for a slip and fall?
The settlement on any premise liability case depends on the severity of the injury. This law firm has resolved slip and fall and premise liability cases ranging from $5,000.00 all the way up to $6.5 Million.
What is a slip and fall lawyer?
This is a personal injury lawyer who practices in the area of premises liability.
Do I need a lawyer for a slip and fall?
Yes, seven out of ten slip and fall cases result in verdicts for the defendant. It is very important for the injured party to obtain an attorney’s assistance.
Do most slip and fall cases settle out of court?
Most slip and fall cases settle after suit is filed but before trial.
What if I wasn't "seriously" injured?
It is still important to report your slip and fall even when you were not injured. Your report will put the property owner on notice of a dangerous condition. If he or she does not remedy the dangerous condition and someone gets hurt after you by the same dangerous condition, your report will be used to show the property owner’s negligence. In other words we always report and document dangerous conditions to property owners to protect others from that dangerous condition.