Most slip and fall injury claims are based on negligent actions of the property owner, so the injury victim must prove negligence in a Nevada Court to recover damages.
Slip and Fall Injury Claims
Nevada laws regarding slip and fall accidents are clearly defined. “Slip and fall” is a term used in personal injury cases when a person trips, slips, or falls on another person’s property. Slip and fall cases usually fall under a broader category of “premises liability” laws.
Slip and fall accidents can occur on public properties and private properties, both indoors and outdoors. In either case, the property owner may be held legally responsible for damages caused by injuries under certain conditions. To win a lawsuit involving a slip and fall accident, the injury victim (plaintiff) must show proof that the property owner (defendant) was negligent in keeping the property free of hazards that could cause someone to fall. Proof must also be shown that the property owner was aware of the hazardous property conditions and did nothing to fix them. Common things that may constitute negligence on the part of the property owner include:
- Trash and debris on the property
- Overgrown grass, shrubs, and trees
- Uneven or cracked walkways
- Wet or slippery floors
- Damaged or worn tile or carpeting
- Damaged stair treads and handrails
In Nevada, there is no “strict liability” for slip and fall cases, which means that an injury victim is not entitled to compensation just because he/she fell and suffered injuries. Nevada personal injury law contains a “comparative negligence rule.” This means that a slip and fall injury victim can receive compensation that is proportional to his/her own responsibility for the accident. As long as the injury victim is found responsible by the court for less than 50% of the accident, he/she may be proportionally compensated. For example, if found 25% responsible, he/she would receive 75% of the possible compensation.
If severe injury or death occurs from a slip and fall, a Henderson personal injury lawyer can file a personal injury lawsuit on behalf of the victim or wrongful death lawsuit on behalf of the deceased person’s family. According to Nevada Statutes, a personal injury lawsuit must be filed within two years of the date of injury, and a wrongful death lawsuit within two years from death. After that point, the statute of limitations runs out and the claim will be rejected by Nevada Courts.