What You Need to Prove to Win a Slip Fall Case
A slip and fall accident can happen when you least expect it. Whether you have injuries from slipping on water or you fall because of an uneven surface, a slip and fall can cause physical and emotional pain.
Your injuries can keep you from working, and they can keep you from the things that you used to enjoy. If you’re hurt in a slip and fall, you might wonder if you will need a Las Vegas personal injury law firm to help prove your case. Learn more about how to prove a slip and fall case here.
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Proving a Slip and Fall Case in Las Vegas
To prove your case, you have to show that your slip and fall is someone else’s fault. That doesn’t necessarily mean that another person wants you to get hurt. It just means that they put the events in motion that cause your injuries, and their actions create an unreasonable risk that someone else can get hurt. Fault doesn’t mean that a person intentionally or maliciously causes harm. Instead, it just means that their actions pose an unreasonable risk of damage.
There are generally two ways to prove a slip and fall in Las Vegas: First, you can show that the property owner caused a dangerous condition on their property and that it was reasonably foreseeable that someone could fall. Second, you can prove a slip and fall by showing that the property owner should have recognized a danger on the property and taken steps to fix it before your fall occurred.
Proving That a Dangerous Condition Existed
The first way to prove a slip and fall claim is to show that the property owner or their agents did things that created a dangerous condition on their property. For example, you might show that a casino installed a slippery floor surface that has been known to cause slip and falls. You might show that the casino should have known that the type of flooring was unsafe for people to walk on.
Alternatively, you might show that a property owner failed to use appropriate handrails on stairs. There are countless ways that a property owner can create an unreasonable, hazardous condition on their property.
Proving That the Property Owner Failed to Fix a Potential Danger
The other way to prove a slip and fall claim is to show that the property owner failed to take steps to fix a dangerous condition that existed on the property. Even if a property owner doesn’t deliberately create the dangerous condition, if they fail to take steps to correct a dangerous condition within a reasonable period of time, that’s enough to prove your slip and fall claim. For example, if someone spills a drink on the floor, the property owner has a reasonable amount of time to notice the spill and clean it up. If they had enough time to find the danger and correct it before your slip and fall occurred, you can prove your case by showing that they didn’t take the proper steps to find the spill or clean it up before the fall.
Another example might be a wind storm that causes a tree to fall on a sidewalk. The property owner has a reasonable amount of time to inspect the property to find the danger and correct it. If you come along and trip on the tree, you may be able to prove your slip and fall case by showing that the property owner had enough time to find and remove the tree.
How Do I Determine How My Slip and Fall Occurred?
You might begin your case not knowing how your slip and fall accident occurred. It’s okay if you don’t have all of the answers right away. Our team of slip and fall attorneys can help you sort out the facts to determine what happened to cause your slip and fall. When you file a formal claim, there are things that you can do to gather evidence to prove your case.
Who Can Be Liable for a Slip and Fall?
In most cases, it’s the property owner that’s liable for a slip and fall. If you’re hurt because of the actions of employees at a business, it’s the business owner that can be responsible for the slip and fall. While it’s usually the property owner that’s liable, a third party can be legally liable for a slip and fall as well.
For example, if someone doing construction work on the property leaves a metal beam on a walkway and you trip on it, it can be the construction company that’s liable for the slip and fall. In some cases, more than one party can be responsible for your slip and fall. To prove your slip and fall claim, you must identify the person or company whose actions result in your fall.
Do I Have to Be Careful to Prevent a Slip and Fall?
To prove your slip and fall, you have to show that the property owner or their agents are more to blame for your slip and fall than you. Nevada Revised Statute 41.141 says that you can recover for a slip and fall as long as you’re not more than 50 percent to blame for the events that occur.
For example, if you see a dangerous area but ignore warning signs and proceed to walk there anyway, you may share blame for the slip and fall. Our Las Vegas injury lawyers can help you evaluate your case and determine the approximate value of your claim.
How Our Las Vegas Slip and Fall Attorneys Can Help
Have you been hurt in a slip and fall accident? You have rights. Our team of legal experts can help you understand the law and determine the best course of action. We can help you gather the evidence what you need to prove your slip and fall case. Contact us today for an immediate discussion of your claim with a member of our team.
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With more than 31 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.
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