Slip and fall accidents can happen anywhere – in a store, restaurant, hotel, or even a private home. Under Nevada law, property owners have a responsibility to keep their properties reasonably safe for visitors. If they fail to do so and you suffer injuries in a slip and fall accident, you may have a valid premises liability claim.
Here is what you need to know about Nevada premises liability laws and how to protect yourself after a slip and fall.
Proving Liability for a Slip and Fall in Nevada
To hold a property owner legally responsible for injuries caused by a slip and fall accident in Nevada, the injured person must prove four key elements:
- Duty of Care – The property owner owed a duty of care to maintain reasonably safe premises. The level of duty depends on whether the injured person was a trespasser, licensee or invitee.
- Breach of Duty – The property owner failed to fulfill the duty of care. This may involve failing to repair known hazards, conduct safety inspections or provide adequate warnings.
- Causation – The hazardous condition caused or directly contributed to the accident and injuries. There must be a clear link between the slippery floor, poor lighting or other dangerous condition and the fall.
- Damages – As a result of the accident, the victim suffered monetary losses like medical bills, lost income, or pain and suffering. Without provable damages, there is no basis for a claim.
Nevada uses a comparative negligence system. This means an injured person who is partially at fault may still recover compensation, but any award will be reduced by their percentage of fault. However, if the victim is deemed 50% or more responsible for the accident, they are barred from recovering anything.
By consulting with a Las Vegas slip and fall accident lawyer, victims can determine what evidence is needed to prove these four elements and establish the property owner’s liability. An attorney can also help fully calculate damages and negotiate a fair settlement.
Duty of Care Owed by Property Owners
In Nevada, property owners owe different levels of care depending on whether the victim is a trespasser, licensee, or invitee.
Trespassers: Property owners only owe trespassers a duty to refrain from wilfully or deliberately causing injury. No warnings about dangerous conditions are required for trespassers.
Licensees: For social guests and others who have permission to be on the premises, property owners must warn of concealed dangers that the owner knows about. However, the property does not need to be inspected for hazards.
Invitees: Business owners owe customers and other invitees the highest level of care. The premises must be reasonably safe, and dangerous conditions must be fixed or warning signs posted. Active inspections for hazards are required.
If you are injured while on someone’s property for business purposes, you will almost always be considered an invitee. Customers in stores, guests in hotels, and visitors to offices all have invitee status.
Slip and Fall Accident Hazards to Watch For
Some common slip, trip and fall hazards in Nevada businesses and public spaces include:
- Wet or greasy floors
- Uneven flooring or pavement
- Cracked or uneven sidewalks
- Poor lighting
- Cluttered walkways
- Unsecured rugs
- Spilled substances
- Missing or torn carpeting
- Potholes and broken pavement
Wet or greasy floors can be caused by spills, leaks, weather conditions, or improper cleaning. Uneven surfaces like broken concrete or loose tiles are also dangerous. Poor lighting can hide hazards or cause visual confusion. Clutter should be kept away from walkways and spills must be cleaned up promptly.
Property owners must regularly inspect their premises and actively look for any potential hazards. Any dangerous conditions should be repaired, replaced, or clearly marked with warning signs.
What to Do After a Slip and Fall Accident
If you are injured in a slip and fall accident on someone else’s property, it is important to take the right steps to preserve evidence for your claim and protect your rights:
- Get medical attention immediately if needed
- Identify witnesses and get their contact information
- Take photos of the hazardous condition from multiple angles
- Note important details like wet floor signs or poor lighting
- Save any footwear worn during the accident
- Report the incident to the property owner/manager
- Keep records of medical expenses, lost income and other damages
- Speak with an experienced slip and fall attorney Las Vegas as soon as possible
An attorney can help you investigate the cause of your accident, build a strong case proving negligence, and fight to recover full compensation for your injuries and other losses. Do not give any recorded statement to an insurance company before consulting an attorney.
Recovering Damages in a Premises Liability Claim
If you win your slip and fall case in Nevada, the types of damages you may recover include:
- Medical expenses, both current and future
- Lost income and reduced earning capacity
- Pain and suffering
- Disability or disfigurement
- Loss of consortium if a spouse is affected
- Emotional distress
- Physical therapy and rehabilitation
- Cost of mobility devices or home healthcare
- Loss of enjoyment of life
Unlike some other states, Nevada does not cap pain and suffering damages for standard personal injury claims, including premises liability cases. There are no limits on compensation for medical costs, lost wages or other economic damages either.
An experienced personal injury attorney from Karns & Karns Personal Injury and Accident Attorneys can fully evaluate all your damages and fight to maximize your total compensation.
Settlement Negotiations in Premises Liability Cases
After investigating your accident claim, the property owner’s insurance company will usually make a settlement offer. This initial offer is often unreasonably low. A skilled attorney from Karns & Karns Personal Injury and Accident Attorneys knows how to gather evidence proving negligence, calculate full damages, and negotiate aggressively to reach a fair settlement.
If a reasonable settlement cannot be reached through negotiation, your attorney may recommend taking your case to court. Very few personal injury cases actually go to trial, however. The threat of trial gives your attorney additional leverage in settlement talks.
Speak with an Attorney for a Free Consultation
Dealing with insurance adjusters and trying to put a value on your slip and fall accident claim can be confusing. An experienced personal injury lawyer will handle negotiations for you and make sure you recover fair compensation.
The attorneys at Karns & Karns Personal Injury and Accident Attorneys have helped thousands of injured accident victims in Las Vegas and across Nevada get justice after a slip and fall. We offer free consultations to review the details of your case. Call us today at 800-4THE-WIN (800-484-3946) to learn more about how we can help protect your rights after an accident. With our “No Fee Promise” you pay nothing until we win your case!
