Accidents involving slipping and falling can occur at any time and result in serious injuries. Over 1 million people visit emergency rooms each year due to slip and fall accidents.
You could be entitled to compensation from a property owner after a slip and fall accident. Still, it is crucial to understand the statutes of limitations in Nevada and the potential complexities of your lawsuit before filing a claim. If you were injured in a slip and fall accident, a personal injury lawyer can help you get the compensation you deserve.
What Is a Slip and Fall Claim?
A slip and fall claim is a personal injury lawsuit where a person is injured on someone else’s property and wants to hold the property owner accountable.
Slip and fall accidents can occur for a wide variety of reasons. Common causes of slip and fall accidents include:
- Wet floors
- Uneven flooring
- Damaged pavement
- Hidden hazards
- Weak banisters or stairs
- Exposed electrical wiring
Who Can Be Held Liable for a Slip and Fall?
A property owner may be liable for a slip and fall if:
- The spill or worn, torn, slippery, or hazardous surface was caused by the property owner or an employee
- The property owner or their employees were aware of the hazardous surface and did nothing about it
- A reasonable person taking care of the property would have identified and corrected the hazardous surface
Even if you are partially liable for your slip and fall, you can still have a successful claim in Nevada as long as you were not more than 50% at fault, under Nevada Revised Statutes Section 41.141.
Premises Liability in Nevada
In order to have a successful slip and fall claim, you must be able to show the property owner’s premises liability. You can demonstrate premises liability if you were on someone else’s property, the property was in a hazardous state because of the property owner, and you have injuries and damages due to the hazardous state of the property.
The Nevada Supreme Court ruled in Foster v. Costco Wholesale Corporation that property owners have a duty to notify people on their property of a hazard, even if the hazard on the property is open and obvious. Under Nevada law, the jury is allowed to evaluate your actions against the store’s actions to determine who is to blame. A jury can also assess if either party might have avoided the slip and fall accident by acting differently.
What Is the Statute of Limitations for Slip and Fall Claims in Nevada?
The statute of limitations is a state-imposed deadline that limits the amount of time you have to file a case in Nevada. The length of time allowed will depend on the type of lawsuit you wish to pursue. If you wait too long to file a claim, you will lose your right to seek compensation and your case will be dismissed.
The statute of limitations for slip and fall claims is different than injuries to your person or personal property. If you were physically injured in a slip and fall, you have just two years to file a case against the property owner, per Nevada Revised Statutes Section 11.190. According to the same statute, any claim for property damage caused by a slip and fall must be filed within three years.
What Should You Do if You Were the Victim of a Slip and Fall?
If you were injured in a slip and fall accident, your actions right after the accident are critical to establishing the most substantial claim possible.
#1. Seek Medical Care
After slipping and falling on someone else’s property, your health is the most important aspect to consider. It is crucial to consult a doctor so your injuries can be assessed and documented. If you decide to file a claim, your medical record and accompanying documents can help prove your case.
#2. Report the Slip and Fall Accident
After treating your injuries, you should call the property owner where the accident occurred and provide them with a thorough account of what happened. Next, ask them to create a report of the accident and make sure you receive a copy for your records.
After a slip and fall accident is reported, the property owner may try to contact you directly. While it can be challenging to keep your emotions in check after an accident, you must stay calm and refrain from making any remarks that could jeopardize your claim.
Also, refrain from posting on social media or speaking about the accident to anyone except your doctor, your lawyer, and your family.
#3. Document the Accident and Your Journey Afterwards
It is important to gather as much evidence as you can for a successful slip and fall claim. For example, you can take photos of the property and get contact information for any eyewitnesses.
You should also document your journey after the slip and fall accident by writing down your thoughts and feelings. Write about your mental and physical concerns, as well as how the slip and fall impacted your life.
#4. Contact a Personal Injury Lawyer
Schedule a meeting with a personal injury attorney who specializes in premises liability and slip and fall claims. If you contact a personal injury attorney as soon as possible, they will likely be in a better position to build a solid case for you.
Also, be sure to keep the statute of limitations in Nevada in mind. If you wait too long to contact a personal injury lawyer, it may be too late to argue your case, and you could lose your right to fight for compensation.
De Castroverde Accident & Injury Lawyers Can Help with Your Slip and Fall Claim
Do not hesitate to call De Castroverde Accident & Injury Lawyers if you were hurt in a slip and fall accident on a Las Vegas property. Our personal injury attorneys have extensive experience with slip and fall claims and can manage every step of the process for you. Contact our office today for a free initial consultation.