Slip and fall accidents are a common occurrence in Paradise, Nevada. Both tourists and locals are vulnerable to these accidents when they visit casinos, restaurants, stores, homes, or any other type of property where slip and fall hazards are present.
When someone suffers serious injuries due to a hazardous property condition, they could potentially seek financial compensation by taking legal action against the property owner. If the condition only existed due to negligence, the owner could be held liable in a personal injury claim.
If you or a loved one has recently been injured in a slip and fall accident at a Paradise property, the dedicated Paradise slip and fall accident lawyers of the Cottle Firm are here to help you explore your legal options. Contact us today at 702-722-6111 to learn more in a free consultation.
Premises Liability Law in Nevada
Personal injury claims for slip and fall injuries generally fall under a legal principle called premises liability. According to Nevada Law, property owners are legally obligated to keep their premises safe and secure.
Premises liability law requires property owners to provide due care to any individual who enters their properties, be it residential or commercial spaces. Under this legal obligation, property owners have a duty to eradicate potential hazards that they are aware of or reasonably ought to be aware of. Property owners are also obligated to alert others to specific hazards or threats within the premises.
For example, property owners must promptly address dangers like spilled liquids or replace worn-out carpets that could lead to slip or trip and fall accidents. Owners are also required to provide adequate lighting in areas where potential slip, trip, or fall hazards could be present, such as staircases and parking garages.
To hold a property owner liable for slip and fall injuries under premises liability, the plaintiff and their slip and fall accident lawyer must prove that the following four circumstances apply:
- A hazardous condition was present at the property at the time of the slip and fall
- The property owner knew or reasonably should have known about the hazard
- The injuries were directly caused by the property hazard
- The plaintiff suffered losses (financial or personal) related to their injuries
Common Property Hazards in Paradise Slip and Fall Cases
Falls are one of the leading causes of accidental injuries in the United States each year, with a total of over 8 million emergency room visits for all types of fall accidents. According to data from the National Safety Council, over one million of these ER trips are for slip and fall accidents. Unfortunately, many slip-and-fall accidents could have easily been prevented if the property hazards that caused them had been promptly addressed.
According to the National Institute for Occupational Safety and Health (NIOSH), some of the most common causes of slip, trip, and fall accidents include:
- Liquid spills
- Ice, snow, and rain
- Loose mats and rugs
- Faulty stairs or stepladders
- Poor lighting
- Clutter in walking paths
Common Slip and Fall Locations in Paradise
Slip and fall accidents happen at all types of properties, both commercial and residential. However, certain types of properties in Paradise see more frequent slip-and-fall accidents.
Our Paradise slip and fall accident lawyers regularly represent clients who were injured in these and other locations:
- Escalators, elevators, and staircases
- Sports venues
- Government buildings
- Shopping malls
- Restaurants
- Office buildings
- Private residences
- Bars and nightclubs
- Construction work sites
- Grocery stores
- Parking areas
- Hotels and casinos
- Public sidewalks
What Should I Do After a Slip and Fall Accident in Paradise?
Your actions following a slip and fall accident are paramount both for your own health and your legal rights. Consider taking the following steps to ensure a smooth recovery from your injuries. If your accident was caused by negligence, taking these steps will also be helpful when filing a personal injury claim to seek financial compensation for your injuries.
Seek Medical Care
If you are injured in a slip-and-fall accident, medical treatment should be your foremost concern. Not only does doing so reduce the risk of avoidable medical complications, but it can also facilitate a smoother recovery process.
Although the primary reason for seeking medical attention is to ensure personal well-being, it also serves a critical role in bolstering your legal case. To file a successful premises liability lawsuit, you will need comprehensive documentation of your injuries and the treatments you have undergone for them. Medical expenses are often the largest economic damages in personal injury cases, so the amount of financial compensation you seek will be significantly impacted by the cost of your treatment.
Report the Accident to the Business or Property Owner
You should notify the property owner (or the manager of the business) of your accident and the injuries you suffered. Consider asking them to write a report of the incident as well, which can be used as proof of the accident when filing a personal injury claim. If you fail to report the accident, the defendant’s attorneys may try to argue that the accident was not considered serious when it happened.\
Evaluate the Scene of the Accident
If you are physically able to, evaluate the scene of the accident. Try to identify the hazard that caused your fall and injuries and take photos of it, along with the surrounding area. These photos can be used as additional evidence in a personal injury claim.
If anyone witnessed your fall, gather their contact details. These witnesses could be called upon for testimony at a later date. If you have a personal injury lawyer, they can obtain written statements from these witnesses, which can be useful when seeking financial compensation.
Avoid Talking to Insurance Companies
Bear in mind that both the property owner and their insurance provider will aim to limit their liability. It is recommended that you avoid making any immediate statements to either party, as an untimely or ill-judged comment could potentially undermine your claim.
It’s not uncommon for an insurance adjuster to reach out to you, aiming to obtain an oral statement. These professionals are skilled at eliciting responses that might put your claim into question. They are tasked with minimizing the liability of the insurance company and their client, and any statements you make could inadvertently damage your case.
Consider Speaking With a Slip and Fall Accident Lawyer
In most cases, it is wise to speak with an experienced slip-and-fall accident lawyer about your case. At the Cottle Firm, we offer free consultations, where we can help you determine if you have grounds for a personal injury claim against a negligent property owner.
An attorney can provide you with invaluable insights into your legal rights and adeptly negotiate with the insurance firm on your behalf to secure a fair settlement. Opting to represent yourself in a personal injury case could expose you to the risk of accepting a less-than-equitable settlement relative to the damages incurred.
Paradise Slip and Fall Accident FAQ
Can I File a Slip and Fall Claim For An Accident Caused by a Building Code Violation?
Yes, it is sometimes possible to prove negligence with evidence that a property owner failed to adhere to a pertinent statute or building code. Property owners are obligated to maintain their building’s structure in accordance with relevant building codes.
For instance, the International Building Code specifies how and where safety features like handrails must be installed. If you fell on a staircase that was missing adequate handrails, and this lack of handrails directly contributed to your injuries, you could potentially sue the property owner on the grounds of their building code violation.
Who Is Liable For a Slip and Fall Accident on Commercial Property?
Liability generally falls on a business (or possibly the owner of the property) only if negligence on their part played a role in causing the slip and fall accident. The aforementioned “premises liability” is applicable when an individual’s actions (or the lack thereof) either resulted in the hazard or allowed it to persist for an unreasonable length of time.
If the slip and fall is caused by a safety risk inherent to the property, your personal injury lawsuit might be directed at the property owner or landlord. This typically happens when the business owner was not in a position to be aware of the problem. For instance, if you fell due to a structural defect causing a floor collapse, the landlord is likely to be held accountable.
If the injury results from an action (or inaction) of the business owner, then your lawsuit would likely be filed against them. This entity could be an individual, a corporate body, or any other form of ownership entity. A case in point would be a slip and fall in a store area that was freshly mopped by an employee who neglected store safety protocols, such as the use of cones and caution signs to alert customers of the temporary risk.
Contact Our Paradise Slip and Fall Accident Lawyers
Were you seriously injured in a slip-and-fall accident on another party’s property in Paradise? At the Cottle Firm, our experienced Paradise slip and fall accident lawyers have helped countless clients secure financial compensation for damages related to their injuries. Contact the Cottle Firm today at 702-722-6111 to learn more about filing a personal injury claim for slip and fall injuries.