If you were injured in a slip and fall accident, you will probably want to file a personal injury lawsuit. You may be wondering how these types of cases proceed in Nevada. Here is an outline of slip and fall cases, and how our experienced Las Vegas slip and fall lawyers will be there to guide you every step of the way. Contact our office to schedule a free consultation.
Outline of Slip and Fall Cases | Injury
In every slip and fall case, there are the same two parties: the injured person and the property owner or manager. It is important to note that, though the average slip and fall case will focus on proving that the property owner or manager was at fault, a case can lose some validity if the injured party was under the influence of drugs or acting in a reckless manner at the time of the incident. A dangerous condition on the property might have exacerbated the risk of injury, but the property owner’s lawyer could argue that the injured party’s conduct was also a contributing factor. Because no slip and fall case is airtight, it is critical that you inform your slip and fall attorney about your behavior at the time of the accident. This way, by the time that you press charges, your attorney will be better able to argue on your behalf.
Outline of Slip and Fall Cases | Liability
What slip and fall cases come down to is determining the responsibility of the property owner or manager for failing to prevent an unsafe condition from arising. This concept, known as “premises liability,” directly affects exactly how much an injured party is able to recover in damages. To prove liability, your Las Vegas slip and fall lawyer has to demonstrate that at least one of three issues was in play at the time of the accident: that the property owner or manager created the unsafe condition, that he or she knew that the condition existed but neglected to completely fix the problem at hand, or that the unsafe condition had existed for such a length of time that the property owner should have fixed it before a slip and fall accident could occur. These options may vary slightly depending on whether the slip and fall happened on a commercial or residential property, but these are the basic arguments that a personal injury can incorporate.
Outline of Slip and Fall Cases | Example
To illustrate the above, we may consider the case of a tourist who slipped and fell in the hallway of a Las Vegas casino. The tourist was not intoxicated or behaving carelessly, and she tripped over loose carpeting on her way across the lobby. Her attorney may argue that the casino’s owner or manager inadvertently created the unsafe condition by failing to completely nail the carpeting to the floor or to trim the excess fabric. If the owner or manager claims that the issue with the carpeting was known and had been fixed, the slip and fall attorney may demand to see documentation showing when the repair took place, if at all. If the owner or manager denies knowledge, the tourist’s attorney can call upon other casino employees or patrons to testify about approximately how long the carpeting issue had existed. All of these arguments will help to prove liability in this kind of slip and fall case.
If you were injured in a slip and fall, please contact our office right away to schedule a free consultation and get the compensation you deserve.