Slip and fall accidents are notorious for being some of the most overblown personal injury claims per the media, which might give victims pause after an accident leaves them injured. However, it is important to keep in mind that property owners have a duty of care to protect any guests on their property, and the failure to provide safe premises could lead to serious injuries and resulting liability.
Slip and fall accidents can happen to guests on any property, whether it be residential or commercial. The elderly are unfortunately the most at risk for severe injuries, with the Centers for Disease Control and Prevention noting that millions of people over the age of 65 are treated in emergency rooms due to falls. Falls can lead to broken bones and severe internal bruising that could damage general bodily functions.
Slip and fall accidents result from certain hazards on property, including:
Any of the above hazards can have severe repercussions on an individual who does not observe the hazard in time, and especially in situations where the hazard is hidden.
Property owners have a strict duty of care to any visitors onto their property, regardless of their “status” as a visitor. A court will look to the duty of reasonable care of a property owner, considering whether a reasonable property owner in the same situation would have taken precautions to mitigate the accident. For example, would a reasonable store owner have mopped up spilled liquid quicker, thereby preventing an accident from occurring? If so, then a store owner who took too long to clean up a spill could be found responsible for resulting damages.
Typically, a customer, or invitee, on business property has the highest protection upon entering the property. The property owner has the duty to warn or protect the invitee from any danger on the property. A licensee, or house guest, is also protected by the property owner, although to a lesser degree. The property owner must warn of any danger that they should have known about. A trespasser often holds little rights if an accident occurs, although the property owner must warn all trespassers about hidden dangers on their property.
The Nevada Supreme Court recently altered Nevada premises liability law by holding that the open and obvious nature of a dangerous condition does not automatically relieve a landowner from the general duty of reasonable care.” Prior to the Foster v. Coster case, property owners were not subject to liability if a dangerous condition was open and obvious. It is therefore important to discuss the accident with an experienced attorney to determine whether a claim can be brought after a slip and fall accident, and the amount of damages you are entitled to claim. For more detailed information, visit our page dedicated solely to Las Vegas premises liability.
If you or a loved one have been injured in a slip and fall accident, do not hesitate to contact the attorneys of De Castroverde Law Group. Our attorneys have years of experience in handling slip and fall cases and will work carefully with you throughout your claim. Contact our Las Vegas office today for your initial free consultation.
De Castroverde Law Group has expertise across a variety of personal injury cases, including:
An experienced car accident attorney can help you understand the legal aspects of your crash and make certain you get the compensation you deserve.
Our attorneys have years of experience in handling slip and fall cases and will work carefully with you throughout your claim.
Wrongful death actions result when one person’s actions lead to the death of another person. These cases are often time-consuming and expensive.
Although you can file your insurance claim on your own, the other party’s insurance company is likely to offer you a settlement that is below the true value of your claim.
On average, unintentional personal injury leads to more than $19,000 in medical expenses for victims in Nevada. However, more serious accidents can lead to much more disastrous consequences and significantly higher medical bills. While medical bills and lost wages are easy to quantify, provided all the paperwork is in order, the loss of quality of life can be a more difficult thing on which to place a dollar figure.
Quality of life can mean many different things; driving a car, exercising or even doing household chores can all be included here. If you are in an accident, the injuries sustained can have a permanent effect on your ability to do the things you used to do every day. These are known as non-economic damages.
Emotional anguish, loss of consortium, or even the inability to cook dinner for your children fall under this umbrella. If you led an active lifestyle and can no longer play sports in any way, then compensation can be sought for the loss of what once was a normal life for you. If your children lose the guidance and support they once had from you, then your family can seek compensation for that as well.
An experienced attorney can fight on your behalf for fair compensation when non-economic damages are apparent. Broken bones and lacerations will heal, but the lasting damages can remain long after the cast has come off. Therefore, your personal injury lawyer will wait until you have achieved maximum recovery to file the claim. That way undiscovered injuries caused by the accident will reveal themselves in full, thereby allowing you to be compensated for them.