Some of the most common personal injury cases in Nevada involve slip-and-fall accidents. They often occur in places such as grocery stores, parking lots, hotels, sidewalks, shopping centers, restaurants, and casinos. You can suffer severe injuries resulting from these accidents. Some of the injuries include spinal cord damage, head trauma, broken bones, and other prolonged health issues. Under Nevada law, managers and property owners have a duty to ensure the safety of their premises and to address dangerous conditions that could harm people. The law allows you to seek compensation if they fail to meet this responsibility and you suffer injuries. You can seek compensation for pain and suffering, lost wages, medical expenses, and other related damages. An experienced personal injury attorney can help you pursue your deserved compensation.

Grocery Slip And Fall

Grocery stores and supermarkets are full of potential slip-and-fall hazards. These hazards are not often obvious until it is too late. You can suffer serious injuries because of a sudden fall in a grocery store. The common causes of slips and falls in grocery stores include:

  • Poor lighting in store corners or storage areas
  • Uneven flooring or damaged tiles
  • Fallen produce, leafy greens in produce aisles, or grapes
  • Bunched floor mats at store entry points
  • Loose rugs or mats at store entry points
  • Water tracked in from snow or rain near entrances
  • Mopped floors without warning signs
  • Spills from leaking refrigeration units, broken jars, and spills from drinks
  • Items left in aisles by staff or other clients

A person might not notice a slippery obstacle or spot until after he/she falls, because most customers are focused on watching children, reading labels, and shopping carts.

Hotel Slip And Fall

A hotel slip and fall can happen when a visitor, employee, or guest suffers injuries after falling, tripping, or slipping because of a hazardous condition on hotel property. The accident can occur in guest rooms, parking lots, restaurants, swimming pool areas, elevators, stairways, and hallways. This can be caused by broken handrails, poor lighting, loose carpeting, uneven walkways, wet floors, and debris left in walking paths.

Elements Of Negligence In A Slip And Fall Case

In a slip and fall lawsuit, you must show that the premises owner was legally liable for your injuries. The following are some of the elements of negligence in a slip and fall case:

Duty Of Care

A duty of care is the property owner's responsibility to ensure reasonable safety on the premises for visitors who are legally on the property. Some of the obligations of the property owner include:

  • Putting warning signs around temporary hazards like wet floors
  • Removing ice, snow, or other hazardous conditions where necessary
  • Ensuring sufficient light in the premises
  • Ensuring broken handrails, stairs, and floors are repaired
  • Ensuring spills are cleared immediately
  • Inspecting the premises for hazards regularly

However, the duty of care owed depends on a visitor's legal status. Trespassers often receive less legal protection. Social guests must be warned of known hidden dangers. Patients in hospitals, hotel guests, and store customers receive the highest level of protection.

Breach Of Duty

A breach can arise when the owner of a premise fails to provide required care under the circumstances. This can involve the following:

  • Allowing debris or merchandise to block footpaths
  • Wet floors without warning signs after mopping
  • Lack of sufficient lighting in stairwells
  • Overlooking damaged flooring or loose carpeting
  • Failing to repair broken stairs or footpaths
  • Ignoring spills on the floor for a long time

Some of the evidence you can provide includes:

  • Accident reports
  • Pictures of the hazard
  • Witness statements
  • Inspection records
  • Maintenance logs
  • Previous allegations regarding the same hazardous condition, and
  • Surveillance video
  • Testimonies from accident construction experts
  • Maintenance records and building codes
  • Expert medical testimony
  • Residue from your clothes or shoes from the time the accident occurred

If you are involved in a slip-and-fall accident, you should take photos and videos of the accident scene. This evidence will be useful when filing a lawsuit to seek compensation. When you have sufficient evidence, the defendant could be compelled to give you generous compensation. Most slip-and-fall accidents do not proceed to trial but settle out of court.

The Cause

You must prove that the hazardous condition caused you to slip, fall,l and suffer injuries. A visitor can slip on an unmarked puddle and break their wrist. You can also fall because of a broken stair.

Damages

You must prove that you suffered injuries from the slip and fall. Some of the damages you can claim include:

  • Reduced quality of life
  • Damaged valuables like phones and eyeglasses
  • Permanent disability or disfigurement
  • Lost wages
  • Emotional distress
  • Pain and suffering
  • Lost future earning capacity
  • Physical therapy and rehabilitation
  • Future medical treatment
  • Medical expenses

The evidence you can present when pursuing the above damages includes photographs of injuries, expert testimony, employment records, bills and receipts, reports from the doctor, and medical records.

What You Should Do After A Slip And Fall Accident

You should take the following steps after a slip and fall accident:

Seek Immediate Medical Attention

You should prioritize your health after a slip and fall accident. Symptoms can get worse over time, even if you think your injuries are minor. Fractures, concussions, or internal bleeding might not present immediate symptoms. This step is important because timely medical attention can prevent complications. Medical records also provide vital information for your injury claim and prove to insurers and courts that you took your injuries seriously. Let the doctor know exactly where and how the slip-and-fall occurred. Adhere to all medical advice, including undergoing tests or therapy and attending follow-up appointments.

Report The Slip And Fall To The Relevant Authorities

Depending on where the accident occurred, inform the premises owner, the municipality, the caretaker, or the store manager as soon as possible. If you are in a public or business facility, file an official report. You should include the following information in your report:

  • Time and date of the incident
  • The actual place where the accident occurred
  • Names of any witnesses, and
  • Description of the dangerous condition, such as a broken tile, a wet floor, or ice

Keep a copy of the accident report for your records. You will have a short statute of limitations to inform the city if the slip-and-fall occurred on municipal property, such as a park or footpath.

Document Everything

You can develop a strong personal injury case with proper documentation. More evidence will attract fair compensation. You should document the following:

  • Videos and photos of the scene, hazard, and your injuries
  • The information from the eyewitness, including contact details and names
  • Your notes detailing what happened, how you felt, and how your injury has affected your normal activities

Keep a journal of your sleep quality, mobility, pain levels, and how the injury affects your relationships, hobbies, and job. This helps show the physical and emotional toll the accident has taken on your life.

Avoid Talking to the Insurance Company Without Your Attorney

The owner’s insurance company can contact you after the fall is reported. Avoid talking to them because insurance adjusters can use your words against you and are trained to minimize payouts. You should avoid the following:

  • Signing any documents without a review by your attorney
  • Taking an early settlement offer, and
  • Providing a recorded statement

Seek the services of a slip-and-fall accident attorney before talking to the insurer. Your attorney will evaluate the case and protect your rights.

Hire A Personal Injury Attorney

You are entitled to seek compensation for the following if your injury occurred because of another person’s negligence:

  • Pain and suffering
  • Out-of-pocket costs like medical aids or transportation
  • Future treatment or rehabilitation
  • Lost wages or reduced earning capacity, and
  • Medical expenses

Personal injury laws in Nevada can be complicated. Still, an experienced attorney can help you understand these statutes and can handle all aspects of your claim from investigation to trial or settlement.

You should consult an attorney when your injuries need medical attention, the premise owner denies liability, you have missed work because of the accident, and you are not sure regarding your legal rights or next steps.

Sometimes, you can recover punitive damages if the defendant acted maliciously or egregiously. The court can order the defendant to pay punitive damages to deter the defendant from repeating the violation.

If the victim dies from the damages sustained in a slip and fall accident, the victim’s surviving relatives, including spouse, parents, children, siblings, or other eligible next of kin, can file a wrongful death lawsuit. This lawsuit can be brought against the liable party. The potential damages that can be recovered include loss of companionship, loss of support, medical expenses, funeral expenses, and loss of consortium.

Be Careful With The Statute Of Limitations

You have two years to file a slip and fall claim from the date of the accident. However, exceptions exist. You will be required to provide a written notice within 10-60 days if the accident occurred on municipal property. Additionally, the statute of limitations will not start until you turn 18 if you were injured while a minor. You will lose your right to compensation if you miss a deadline. It is often vital to hire a personal injury attorney as soon as possible.

Adhere To Your Treatment Plan

Courts and insurance companies usually scrutinize whether you made a reasonable effort to heal. If you fail to adhere to the medical advice or therapy, your injuries could be considered minor. You can stick to your treatment plan by attending all scheduled appointments, taking prescribed medications, keeping receipts for all related costs, and following rehabilitation or physiotherapy programs. Sticking to your care plan strengthens your claim and supports your health.

Understand The Compensation Process

Your personal injury will start negotiations with the insurer once he/she has gathered sufficient evidence. He/she will take your case to court if the insurer refuses to offer a fair settlement. The legal process often takes the following steps:

  • Filing a statement of claim
  • The discovery process, where your attorney and the defendant’s attorney share the evidence
  • Settlement or mediation discussions, and
  • If necessary, trial

Most slip-and-fall claims in Nevada are settled out of court, but it is important to prepare for all outcomes. An experienced personal injury attorney will help you navigate the process and maximize your compensation.

Injuries You Can Suffer In A Slip And Fall Accident

Slips and falls can cause various injuries, ranging from minor to severe. The following are the common injuries you can suffer in a slip and fall accident:

Bruising

A bruise is characterized by bleeding below the skin. Bruises are caused by damage to blood vessels and occur because of localized physical trauma when you suffer a fall. These injuries are common in slip-and-fall accidents, and bruises, such as hematomas, require medical attention.

You can feel overwhelmed and unsure of what to do after a slip-and-fall accident. The treatment you need and its prognosis following the accident depend on factors such as the type and severity of the injuries. Consult a medical professional regardless of how you are feeling. Some serious slip and fall injuries can take a longer time to show the signs, and your injuries will be worse by the time the signs manifest. The doctor will examine you to establish the extent of your injuries and start treatment immediately to ensure you are on the right path to recovery. Additionally, going for medication creates records of your injuries that can strengthen your personal injury case.

Broken Bones

Fractures and broken bones are common in slip-and-fall accidents. These injuries are often painful and can be severe. The recovery period can take weeks or months. You can suffer broken bones in a slip and fall accident if the force of the impact is too much for the bone to handle. Broken bones often require braces, splints, and casts to immobilize and protect the injured bone while it recovers. It can be hard for you to perform certain duties, which can impact your ability to work or engage in your favorite hobbies.

Muscle Strain

When a person falls, he/she tends to tighten the muscles in the back, neck, and shoulders. During the fall, your body releases adrenaline that makes it hard for you to know if you have a muscle tear or strain. However, you can start feeling pain in the days following the accident. The pain can radiate from the torn muscle, and you may also experience muscle burning. Some muscle strains are minor and can recover on their own over time. Others can be severe and even affect neurological conduction, based on where they are located.

Traumatic Brain Injury

You will suffer brain injury when the force of a slip and fall accident causes the soft brain tissue to smack against the inner skull. Your brain will become bruised and damaged as a result. The signs of traumatic brain injury might not show up for days, weeks, or months. These signs will manifest as your brain continues to bleed and swell after an injury.

The Common Defenses Presented By Liable Parties

Many liable parties carry homeowner’s or business insurance in case someone suffers injuries while on their property. When a victim suffers an injury, the insurance companies hire adjusters whose sole goal is to pay out as little as possible. There are many strategies that the insurance adjusters and their attorneys can try to implement when defending the liable parties, including:

  • The defendant was warned about the existing hazard
  • The hazard was open and obvious, and the victim should have been aware
  • A pre-existing condition caused the victim’s injuries
  • The victim did not exercise reasonable caution and due care
  • Another intervening cause was responsible for the victim’s injury

Sometimes, you could have signed a liability waiver before the accident. Even then, you could still recover some damages. Some liability waivers cannot be enforced, and others are limited to some circumstances that do not cover your injuries.

When You Are Partly to Blame for the Accident

You may be wondering whether you can seek compensation if you are partly to blame for the slip-and-fall accident. Nevada is a modified comparative negligence state. This means that you can still seek compensation even if you are at fault, provided you are not more than 50% at fault for the accident. The compensation you receive will be less than your degree of fault. For example, if your damages are $100,000 but the court finds you are 20% at fault for the accident, you will receive $80,000 in compensation.

How Much is a Slip-and-Fall Accident Worth

There is no standard settlement for a slip-and-fall accident because the value depends on the facts of the case. Compensation will depend on the seriousness of the injuries, the cost of medical treatment, pain and suffering, and lost wages. You could be awarded a few thousand dollars if you suffer minor sprains, while severe injuries like spinal damage or traumatic brain injuries can attract higher settlements.

Find a Committed Las Vegas Personal Injury Attorney Near Me

Being involved in a slip and fall accident can lead to severe injuries, some of which could be life-threatening. With the help of a personal injury attorney, you can hold the liable parties accountable. If you need a personal injury attorney that you can count on, contact the Las Vegas Personal Injury Attorney Law Firm. Call us at 702-996-1224 to speak to one of our attorneys.