Property owners are legally obligated to keep their properties safe from hazardous conditions that could cause injuries to visitors, customers, employees, or anyone else that legally visits their properties. If a property visitor is injured in an accident caused by a hazardous condition, such as a slip and fall on an uncleaned spill, the injured party may have grounds for legal action against the property owner.
At the Cottle Firm, our Henderson slip and fall accident lawyers help our clients seek financial compensation for damages related to their injuries. If you were injured in a slip-and-fall accident in a casino or another Henderson property, contact us today to learn more about your legal options.
Common Causes of Henderson Slip and Fall Accidents
Falls are among the most common causes of accidental injuries in the United States, accounting for more than 8 million emergency room trips each year. Slips and falls represent more than one million of these ER visits, according to the National Safety Council. Sadly, many slip and fall injuries are preventable and only occur due to property hazards that should have been addressed.
Some of the most common causes of Henderson slip and fall accidents and injuries include:
- Wet floors, sidewalks, and other walking paths
- Uneven floors or sidewalks
- Loose floorboards, carpeting, or tiles
- Spilled liquids and foods
- Debris and tripping hazards
- Potholes and cracked sidewalks
- Damaged stairs or handrails
- Inadequate lighting
When Can Property Owners Be Held Liable For Slip and Fall Injuries?
Property owners can be held liable for injuries suffered in a slip-and-fall accident if the victim and their attorney can prove negligence. Every property owner is expected to act with a sensible level of care—eliminating risks from the premises or alerting lawful visitors of any known danger by using caution signs or marking off the risky section.
Suppose the property owner had awareness of the hazard, or under reasonable circumstances should have been aware, and failed to take corrective measures. In that case, they may find themselves legally responsible for injuries resulting from the unaddressed hazard.
Henderson slip and fall accidents are evaluated based on Nevada’s premises liability law. According to this law, you and your slip-and-fall accident lawyer will need to show that the following four conditions apply in your case:
- A dangerous property condition existed at the time of your accident
- The property owner was aware or should have been aware of the danger
- Your injuries were directly caused by the dangerous property condition
- You have suffered losses (economic and/or non-economic) due to your injuries
Liability For Slip and Fall Accidents at Businesses
After a slip and fall accident, a business (or potentially the property’s owner) generally only becomes liable if an individual was negligent in a way that contributed to the accident. In other words, the concept of “premises liability” that we’ve previously explored only comes into effect when someone’s actions (or lack thereof) either created the hazard or allowed it to linger for a period that could be deemed unreasonable.
If you slip and fall because of a safety hazard inherent to the property itself, your personal injury claim might be filed against the property owner or landlord. This is typically the case if the business owner had no way of knowing about the issue. For example, if you fell due to a structural issue that caused the floor to cave in, the landlord would likely be the liable party.
However, if your injury stems from an action the business owner took (or failed to take), then your claim would likely be filed against the business owner. This could be an individual, a corporation, or any other type of ownership entity. An example would be a slip and fall on a store section recently mopped by an employee who failed to follow store safety procedures, such as placing cones and warning signs to notify customers of the temporary hazard.
What Should You Do After a Slip and Fall?
Slip and fall accident victims should be mindful of their actions following the accident. Your response can influence both how you recover from your injuries and your ability to recover financial compensation for your injuries.
Seek Medical Attention
Following a slip and fall incident, the topmost priority should be to receive medical care for any injuries sustained. Immediate medical attention can help prevent any avoidable complications and may facilitate a smoother recovery.
While medical aid primarily pertains to your own health, it is equally crucial for your legal proceeding. In the course of filing a premises liability lawsuit, you will be required to present medical documentation as proof of your injuries.
Report the Accident to the Property Owner
It is imperative to report your fall and resultant injuries to the property owner or the business manager and request them to prepare a written account of the incident. This report may serve as proof of your injuries while filing a lawsuit, and a failure to report the accident might be construed as a lack of seriousness about the accident at the time.
Survey the Scene
It is important to assess the scene, identify the cause of your accident and injuries, and document as much of the scene and your injuries as feasible. 88Photograph your immediate surroundings and the unsafe condition that led to the fall. These pictures can be used as proof in your lawsuit.
If there were any eyewitnesses to the accident, collect their contact information, including their names, phone numbers, addresses, and email addresses. A personal injury attorney can later reach out to these witnesses and procure comprehensive written accounts from them, which can be helpful while seeking financial compensation for your injuries.
Do Not Give Statements to Insurance Companies
Take into account that the property owner and their insurance company will strive to mitigate their liability. It is advisable to refrain from giving immediate statements to either of these parties, as an inappropriate remark could jeopardize your claim.
While it is essential to report the incident to the property owner, this report should strictly contain the facts of the incident, such as its location and the unsafe property condition that resulted in it. This report should not attempt to apportion blame and should ideally be in writing, rather than an oral statement.
An insurance adjuster might get in touch with you and try to extract a verbal statement. These adjusters are trained to obtain responses that could bring your claim under scrutiny. Their role is to limit liability for the insurance company and their client, and statements can potentially harm your case.
Think About Consulting an Attorney
Though you are at liberty to seek financial compensation independently, it is strongly recommended to consider retaining a personal injury lawyer for assistance with your slip and fall accident claim. A lawyer can aid you in comprehending your legal rights and negotiate with the insurance company on your behalf to secure a just settlement. Self-representation in a personal injury case exposes you to the risk of accepting an unjust settlement considering the damages you endured.
Henderson Slip and Fall Accident FAQ
Can You Sue a Government Agency For a Slip and Fall in Nevada?
If you were injured in a slip-and-fall accident caused by the negligence of a government agency or employee, you may have grounds for legal action. However, the process is significantly more complicated than filing a personal injury claim against an individual or private organization.
In Nevada, personal injury claims against the government are governed by Chapter 41 of the Nevada Annotated Code. According to this legislation, an injured person can seek financial compensation from the state if their injury was caused by the state government or a government employee who was performing their job duties at the time of the accident.
Can Landlords Be Held Liable For Rental Property Slip and Fall Injuries?
Just like any other personal injury claim, a slip and fall claim may only be filed against a rental property landlord if their negligence caused the accident and related injuries.
For example, imagine that there’s a leaky ceiling in your rented apartment. Water continuously accumulates on the floor, and you slip and fall on this water, suffering injuries. The level of your landlord’s responsibility would partly hinge on their knowledge or reasonable expectation of knowing about the leak.
Suppose the leak occurred suddenly, and you had a slip before you could alert the landlord. In such a case, it’s improbable the landlord would be deemed negligent. In this situation, the landlord was not aware of the leak and thus, had no chance to respond appropriately and rectify the issue.
Conversely, the landlord might be considered negligent if they were aware of plumbing issues, yet neglected to alert the tenants or carry out the required fixes, or if they were notified about the leak but took an excessive amount of time to address it.