EXPERT LEGAL REPRESENTATION FOR NEVADA SLIPS, TRIPS AND FALLS
Every year, many people are seriously injured as a result of a slip, trip or fall. Senior citizens are particularly susceptible to severe injury from a fall. Broken bones and the need for hip replacements are not uncommon. Lifelong pain and disability accompanies such injuries. Slips, trips and falls are some of the most common forms of premises liability injuries.
If you have been injured in a slip, trip or fall, you need an attorney with expertise and experience in these types of cases. Most people assume that if you are injured on another person’s property or at a business, they are responsible for your medical bills, injuries and damages. However, that is not what the law in Nevada requires. The law in Nevada requires that the injured person prove that the property owner (or person or business in control of the property) was negligent and that the negligence caused your fall and injuries. Common conditions that can establish negligence may include a wet floor, uneven steps or floors, falling objects, worn and uneven carpet, inadequate security, and other dangerous conditions.
In Nevada, the property owner or person in possession, has a duty to exercise reasonable care to make sure that the property is reasonably safe. The property owner has a duty to inspect the property and find any dangerous conditions. If dangerous conditions are found, the dangerous conditions must be fixed or an adequate warning given to visitors of the potential danger. If the owner is aware of the dangerous condition and fails to repair it or give adequate warning, the owner may be held liable for a visitors injuries and damages.
Many times the property owner may not be aware of a dangerous condition such as a spilled liquid on the floor. If you slipped and fell on a spilled liquid on the floor, you have the burden of proof to prove that (1) the property owner caused the liquid to be on the floor; (2) the property owner knew the liquid was on the floor but failed to clean it up or provide adequate warning; or (3) that the liquid was on the floor for such a long time that in the exercise of ordinary care the property owner should have found it and cleaned it up or provided adequate warning. Unfortunately all of that information is in the possession and control of the business owner.
Even if you are able to prove negligence on the part of the property owner, the property owner will argue that you were primarily at fault because you were not paying attention, or that the condition was “open and obvious” and that no warning was required. In Nevada if a plaintiff is found to be more than 50% at fault in causing his or her injuries, the plaintiff is not entitled to any recovery for his or her injuries and damages. That is why slip, trip and fall cases are some of the most difficult cases to prove and win. In addition, most major businesses fight premises liability cases to the bitter end. They refuse to accept responsibility because they fear they will become the target of numerous lawsuits.
Having a personal injury lawyer with experience in premises liability cases makes a crucial difference in your premises liability claim. For many years, Craig Murphy represented major Las Vegas hotel casinos, multinational insurance companies, and local businesses in defending their premises liability cases. He has the experience, knowledge and expertise to know what it takes to prove and win a premises liability case.
Many times it cannot be known if the property owner was negligent and responsible for your fall and injuries. A lawsuit must be filed and investigation conducted. Most property owners will not allow an investigation before a lawsuit is filed. In fact, they will not even give you a copy of your accident report. They will tell you that the report is proprietary information, and they will not give you a copy. If there are videotapes, they will not produce them or allow us to view them.
If you are the victim of a fall or other premises liability injury, call Murphy & Murphy. We will discuss your claim with you and determine what steps must be taken to adequately investigate and prepare your claim. You were injured once. Do not become a victim again by hiring an attorney who does not have the experience and wherewithal to properly investigate and prepare your case. Do not accept less than Murphy & Murphy Law Offices.