Slip and fall injuries are possible anywhere in Nevada, including in shopping malls, grocery stores, hotels, on sidewalks, and even private properties. Whether a person is a resident or just visiting Nevada, the possibility of slipping and falling is always there. Oftentimes, such falls result in serious injuries that can range from broken bones and spinal cord injuries to head, neck, or back injuries. If you or a relative have been injured because of a slip and fall accident, you need to understand the legal process and how owners of property can be held potentially liable for your injury.
Navigating the complexities of slip and fall claims can be overwhelming, but consulting with an experienced Nevada slip and fall lawyer, like those at Benson & Bingham Accident Injury Lawyers, can make a huge difference in securing fair compensation for your medical expenses, lost wages, and pain and suffering. Here’s a look at the most common reasons for slip and fall accidents and how liability is determined.
What Causes Slip and Fall Accidents?
Slip and fall accidents can be caused by numerous different factors. They can occur because of:
- Wet or Slippery Floors: Wet floors or recently washed floors are possible dangers. It is the responsibility of property owners to clean spills immediately and warn others.
- Uneven Surfaces: Cracked pavement, broken tile, or uneven sidewalks can potentially cause severe falls. Property owners must provide a safe environment by repairing any obvious hazards.
- Poor Lighting: Dark areas in parking lots, hallways, or stairwells can increase the risk of a slip and fall. Appropriate lighting must be used to allow adequate visibility and prevent accidents.
- Clutter or Obstacles: Boxes, trash, or cords in corridors or aisles are possible tripping points that can lead to slips and falls.
- Inclement Weather Conditions: Snow, ice, and rain occur during certain seasons in Nevada. Property owners must take precautions against slipping by salting walkways or removing snow.
Who Is Liable for Slip and Fall Injuries?
In Nevada, property owners have a legal obligation to ensure their property is safe for guests, whether they are patrons of their business, renters, or visitors. If a property is unsafe and nothing is done about it, then the property owner can be liable for any injury caused by that unsafe situation.
Liability for slip and fall injuries is dependent upon whether the property owner was ultimately negligent. A property owner may be considered to be negligent if:
- They knew, or ought to have known, of the dangerous condition. If the property owner knew of a dangerous situation and failed to correct it or warn visitors, they are potentially liable.
- They failed to respond to the hazard within a reasonable time frame. Property owners must act promptly to dispose of or fix hazards on their premises, such as cleaning up spills or repairing hazardous flooring.
- The dangerous situation persisted for an unreasonable period. A homeowner can be considered negligent if a hazard, such as a slippery floor or ice, existed for an extended period of time without being remedied.
When the owner of the property possessed knowledge of the risk and yet did nothing to eliminate it, the owner might be held responsible for any resulting injuries. But if the visitor was careless, or not paying attention while walking, liability could be minimized or even eliminated.
How to Prove Liability in a Slip and Fall Case
There are several elements that need to be established in order to show that the owner of the property is liable for your slipping and/or falling injuries:
- Duty of Care: The property owner would’ve had a responsibility to make the property secure for visitors including business owners, landlords, guests, vendors, and even homeowners when they host building invitations to those present on their premises.
- Breach of Duty: The owner of the property would have breached that responsibility by making the premises conditions dangerous or hazardous—for example: an unmarked wet area or uneven pavement.
- Causation: You must prove that the unsafe condition itself led to or caused the fall and subsequent injuries. This involves showing that your injury would not have occurred if not for the unsafe condition or environment.
- Damages: Finally, you should show that the accident caused actual damage such as bodily injuries, medical bills, lost wages, or pain and suffering.
What to Do After a Slip and Fall Accident
- Seek Medical Attention: Your health is most crucial. If you do not realize you are injured immediately, get checked by a doctor as soon as possible, since some injuries may not show symptoms immediately.
- Document the Scene: Take photographs of the scene of the accident, including any factors on the ground that could have caused the incident. If possible, get the names and numbers of witnesses to the slip, fall, or accident.
- Report the Accident: Make the owner or manager of the property aware of the accident right away. Have them report the fall in a written report.
- Consult with a Lawyer: Speak with an experienced Nevada slip and fall attorney to find out about your rights and legal remedies. They can help investigate the accident, gather evidence, and file a viable claim for damages.
Why You Need an Experienced Lawyer
Slip and falls are typically complicated, and homeowners can often have hostile legal representation to fight claims. In order to succeed in such battles, having a skilled lawyer is essential.
A Benson & Bingham Injury Law attorney can investigate the circumstances of your fall, construct a case, and negotiate for the compensation to which you are entitled.
Conclusion
Slips and falls can have permanent effects on your health and finances. When an accident or injury occurs, you need skilled personal injury lawyers to provide you with the best representation.
If you have been injured due to negligence from a property owner in Las Vegas or anywhere in Nevada, you don’t have to navigate the legal process alone. Call Benson & Bingham Injury Law today for a free consultation and let their expert team represent your legal interests. With Benson & Bingham, you will be able to focus on recovery while their seasoned attorneys work to get you the compensation you need to thrive again.
