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Slip and fall accidents are the most common type of premises liability claim. If you’ve been injured from a slip and fall on someone else’s property, you need a Las Vegas slip and fall lawyer to evaluate your case. If the accident occurred because of negligence, you might need to file a claim to get compensation for your damages.
Slip and fall accidents can happen wherever you go on all types of surfaces. Some slip and fall injuries, such as strains and sprains, occur from trying to brace yourself, while others are from the impact of the fall. Since these accidents usually happen quickly and without warning, there isn’t always time to brace yourself. The injuries often come from forcefully hitting the surface.
Some slip and fall injuries are minor and will resolve with minimal treatment. Others are debilitating, long-lasting, and expensive to treat. The slip and fall attorneys at Bay Law Accident Attorneys know the impact a serious injury can have on your life. Even if you aren’t sure that you have the evidence to prove a premises liability case, reach out to our legal team to schedule a free consultation. An experienced Las Vegas premises liability lawyer knows the requirements for proving another party was liable.
Part of our job is to investigate the accident and collect evidence. First, we will determine which party or parties were negligent and prove that they were responsible for the accident that caused your injury. Then, our firm will fight aggressively to get you the compensation you need by negotiating with the insurance companies or representing you in a court of law.
Who Is Liable for Slip & Fall Accidents & Injuries?
In any premises liability case, liability is placed on the person or persons who caused the accident through negligence. For example, one person or a group might have been negligent in creating a safe environment. A property owner has an obligation to maintain safe premises where visitors won’t get hurt. This obligation is shared by homeowners, business owners, and government entities. When they fail to maintain their property, they are liable for the injuries that you get.
If you were injured on private property belonging to a friend or family member, you might feel conflicted about pursuing an injury claim. You don’t want to bring a claim or lawsuit against someone with whom you have a personal relationship. Most of the time, the homeowner’s insurance covers these types of accidents. If the slip and fall took place on a rental property, your friend or family member might not be liable. The property owner might be responsible for maintaining the property and keeping it safe.
Getting our Las Vegas slip and fall attorneys involved in your case will help address all your concerns. Bay Law Accident Attorneys has a reputation for giving our clients personalized attention to get the best outcome for every unique situation. If someone else is responsible for your medical bills, lost wages, and additional expenses, they should pay. Let us help you get justice in the form of financial compensation for your slip and fall injury.
Slip and Fall Accidents
in Las Vegas, NV
There is never a time when the city isn’t busy with people traveling by foot down the sidewalks and across the streets. Day or night, the city is alive, with pedestrians, tourists, and locals going back and forth from place to place. The high volumes of traffic that keep business owners busy don’t eliminate or reduce their obligation to their customers. In fact, it only makes maintaining the property for safety even more important. Failing to keep the property safe, whether it’s putting off repairing a damaged floor or cleaning up spills quickly, is even more likely to result in slip and fall injuries.
The large volume of pedestrians throughout the city at any given time is one of the reasons that slip and fall accidents are so common. Another is that there are so many different ways that these accidents can happen.
- Typical Causes
- The Location of Your Injury
- Slip and Fall Fractures
- Back and Spinal Cord Injuries
- Permanent Impairments
- Premises Liability Claim Investigations
- What To Do Next?
Falling on private or public property can be embarrassing, especially when you are in a crowd. You might be tempted to brush it off and go home without saying a word. But some slip and fall injuries are debilitating even though you don’t initially realize that you’ve been hurt. Symptoms might not occur until after the accident is over and there is no longer evidence of how it occurred.
Some injuries are debilitating and require expensive medical treatment. In addition, serious injuries can make it difficult or impossible to work, preventing you from earning the wages you need to pay your bills.
Most people fall from time to time due to their own clumsiness or stumbling over their feet. When slip and falls happen because of negligence, they might be due to:
- Slippery floors
- Broken or loose stairs or handrails
- Uneven pavement
- Unsecured fixtures
- Inefficient lighting
- Broken or flimsy furniture
- Unmarked hazards
Don’t let a property owner convince you that you don’t have a case or that you were responsible for a fall. Let a Las Vegas premises liability lawyer from Bay Law Accident Attorneys fight for your rights. Having experienced slip-and-fall accident attorneys on your side doesn’t cost you anything. We work on contingency, so you pay nothing unless we win.
The Location of Your Injury
Slip and fall accidents happen on both public and private property. Some of the most common places where slip and falls happen in Las Vegas include:
- Private property
- City crosswalks
- Sporting events
- Shopping malls
- Educational facilities
- Parking lots
Regardless of where your slip-and-fall accident took place, you have the right to pursue a claim. If you were injured due to negligence, contact a Las Vegas slip and fall attorney to learn more about the claims process.
Slip and Fall Fractures
Falling can easily cause fractures, especially when you fall onto hard surfaces. Depending on the area of your body that you fall on, you might break bones in your neck, back, shoulder, arms, or legs. Fractures range in severity from hairline fractures to complex breaks that require surgery. Even simple fractures can prevent you from working or participating in activities you normally enjoy.
Treating fractures can take a long time and cause you a great deal of pain. You might require one or more surgeries, getting fitted for casts or braces, having extended bed rest, or physical therapy. If you must endure a lengthy recovery period, you deserve compensation from the negligent party to pay for your medical care and your missed wages while you heal.
Back and Spinal Cord Injuries
The back is made up of bones, vertebrae, muscles, tendons, ligaments, and the spinal cord. The vertebrae surround the spinal cord to protect it from injury. When you fall on your back, the impact might cause broken bones or vertebrae. If breaks to the vertebra or damage surrounding soft tissue are severe enough, they might result in damage to the spinal cord. Damage to the spinal cord can result in mobility problems, including partial or complete paralysis. These injuries are typically more expensive to treat than other types of injuries, and they also cause emotional trauma.
The spinal cord sends signals between the brain and the body and coordinates responses. When the spinal cord gets damaged, it may interfere with these signals and prevent the body from responding. Damage that can’t heal results in permanent impairments.
Depending on their location, these injuries might cause a loss of bowel and bladder control, impaired breathing, and a loss of sensation. They can also result in total permanent paralysis.
Premises Liability Claim Investigations
The first step in a slip and fall accident case is investigation. A Las Vegas premises liability attorney will investigate your claim thoroughly. They will identify your injuries and determine who was in control of the property when the accident occurred. Next, the attorney will find out if a dangerous condition existed on the property and whether the property owner or manager knew about it. Finally, the attorney will determine if the dangerous condition led to your accident and resulting injury or other damages.
What To Do Next?
After the investigation, you usually file a claim with the property owner’s liability insurance company. An insurance adjuster from the company will investigate the case and negotiate a settlement.
If your attorney can’t negotiate a settlement with the property owner’s insurance company, they may file a lawsuit to pursue compensation on your behalf. Once the at-fault party agrees to proceed with the lawsuit, you will enter the discovery phase. During this phase, both sides bring forth any information they have that is related to the case.
After discovery, the case proceeds through interrogatories, requests for admission, document production, depositions, and pre-trial motions. You might enter mediation or arbitration before proceeding with the trial. An agreement might be reached between the two parties at any time leading up to the trial. If not, the judge or jury will make a decision based on the evidence presented on both sides.
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Slip & FAll FAQs
01. Are slip and fall injuries common?
Yes, they are. The Centers for Disease Control (CDC) reports that more than 800,000 people are hospitalized annually for injuries they received in a slip and fall. These injuries account for nearly 20% of all job-related injuries. While fatalities are more likely to happen in falls from heights, more than 65% of fall-related injuries occur from a same-level walking surface. That means you’re more likely to fall when walking on a level surface than from a ladder or scaffolding!
Any person has the potential to have a slip-and-fall accident. It can happen on your neighbor’s wet kitchen floor just as easily as on a construction site. Whatever the place or the cause of the accident, if it involved negligence, you can pursue compensation. Reach out to a slip-and-fall lawyer from Bay Law Accident Attorneys for experienced legal guidance on how to pursue your claim.
02. Are the injuries sustained in slip and fall accidents substantial?
The injuries from slip and fall accidents range in type and severity from minor to catastrophic. The CDC explains that one in five slip and fall accidents results in severe injury, including fractures or a head injury. Falls, in general, are the most common cause of traumatic brain injuries. They account for most hospitalizations, ER visits, and nearly half of the deaths caused by TBI in this country.
The Occupational Safety and Health Administration (OSHA) adds that slip and falls comprise most general industry workplace accidents, including:
- 15% of total accident deaths making slip and falls second only to those caused by auto accidents
- 25% of accident claims reported at work annually
- 17% of all disabling occupational injuries
Some of the leading industries where slip and falls are common include:
- Oil & gas extraction
Although a lot of slip and falls happen at work, they are also common on private property. If you are injured on someone else’s property due to poor maintenance or other types of negligence, contact a Las Vegas premises liability lawyer at Bay Law Accident Attorneys. We will determine if you have a premises liability case.
03. What are some of the most common causes of slip and fall accidents?
The most common causes of slip and falls include:
Irregularities in walking surfaces – Irregularities include anything that interferes with a smooth, firm walking surface, including an uneven floor, walkway, or ground.
- Poor lighting – Inadequate lighting can mask hazardous conditions that a person could see if there was more light. For example, they might not see the last step at the bottom of the stairs or a curb in a parking lot.
- Rugs, safety mats, or tiles that aren’t secured – Any type of flooring that isn’t lying flat should be taped down. Loose flooring can move underfoot, causing a slip and fall.
- Unmarked steps or ramps – Steps, stairs, and ramps are common sites of slip and fall accidents, particularly those that aren’t marked. Property owners have a responsibility to mark steps or elevation changes to prevent trips and slips.
- Changes in surface elevation or level – Any time there is a change in the elevation or level of the floor or pavement, it causes a risk to anyone walking on the surface. Indoors, there might be a difference in floor height from one room to the next or in the doorways. Outdoors, walkways and parking lots should be level without any patches of higher or lower pavement.
- Sloped walkways – These surfaces might result from poor construction or as part of a design. Even a minor slope in the floor can lead to trips. Anything other than a uniform floor surface presents a slip-and-fall hazard.
- Falls from heights – Falls from heights often cause more serious injuries than slip and falls on level ground. They might include falls from ladders or lifts, but they can also occur from roofs, warehouse racking, raised platforms, and other elevated surfaces.
- Open cabinets and doors – Most fall injuries at home occur at ground level. Leaving cabinets and doors open can go unnoticed until they cause an accident.
- Obstacles or clutter in the walkway – Any time there is clutter in the walkways, it is an accident waiting to happen. Every walkway should be free of obstacles to prevent trips when you or anyone else isn’t paying attention.
- Loose or missing floor tiles or boards – Any flooring that goes down in pieces, such as boards, tiles, or bricks, can come up in pieces when it is damaged or worn. Even small pieces can shift underfoot and cause you to slip and fall. If the property owner failed to replace loose or missing pieces, they are liable for your injuries.
- Exposed hoses, cords, or wires – When these run across a walkway, they must be taped firmly to the floor.
- Thresholds – Thresholds in doors are common causes of slip and fall accidents. Some have a lip of as much as 2 inches, and they aren’t always marked. Where these thresholds exist, there should be signs warning of the uneven surface and the threshold should be painted a bright color. If the property owner fails to do this, take pictures and keep a record for evidence in your slip and accident case.
- Wet, greasy, slippery surfaces – Wet surfaces include those where liquids are spilled onto flooring and pavement or steps outdoors that are exposed to rain, ice, or snow. Slip and fall victims often lose their footing while walking on wet surfaces. The property owner or the person managing the property has the responsibility to clean up spills quickly and to provide adequate rugs to prevent people from tracking moisture inside.
04. What types of injuries are associated with slip and fall accidents?
Slip and fall accidents happen from out of nowhere, giving you little time to protect yourself from injury during the fall. Nearly one-third of the people who do slip and fall have minor to serious injuries. Some of the most common injury types associated with falls include:
- Lacerations and abrasions
- Sprains and strains
- Bone fractures and breaks
- Neck and spine injuries
- Bruises and contusions
- Joint injuries to the knee, ankle, foot, wrist, elbow, or shoulder
- Hip injuries
- Head and brain injuries
- Wrongful death
05. Does the defendant own or control the property where you were injured?
To win a premises liability case, you must prove that the defendant either owned or controlled the property where the accident occurred. Nevada’s premises liability rules also require you to prove that the property owner or someone else who was controlling the property knew or should have known about the dangerous condition and that the condition caused your injuries.
The person controlling the property might be a tenant that is leasing the property. Although they aren’t the owner, they have control over the property and the responsibility of keeping it safe.
In a retail or business setting, the property owner is often held liable instead of the manager. It might be company policy or poor decisions on employer hiring that led to an accident. Not knowing whom to sue could result in your losing out on the compensation you deserve. That’s why you should retain the best slip-and-fall lawyer in Las Vegas to build your case. Bay Lay will guide you every step of the way, from the evaluation of your case to arguing for the maximum compensation in court.
06. What is premises liability?
Premises liability is a legal concept where personal injuries occur due to unsafe or defective conditions on someone else’s property. The condition is typically the result of someone’s negligence who had a legal duty of care to create a safe environment. To prove a premises liability case, you must show that the property owner or the person controlling the property failed to use reasonable care and caused your injuries. For example, failing to fix a broken step resulted in your falling and breaking your leg.
Slip and falls are a type of premises liability case, but there are numerous others, including:
- Dog bites
- Accidents on rides at amusement parks
- Swimming pool accidents
- Exposure to toxic chemicals
- Elevator accidents
- Ineffective security
If you can prove the elements of premises liability, you can sue the responsible party in a premises liability claim. These elements include showing that the person either owned or had control over the property, knew or should have known that a dangerous condition existed on the property and that the dangerous condition caused your injury.
07. What are the different standards for different entrants on a property?
A property owner has a duty of care to keep their property safe for entrants. However, they aren’t responsible for all accidents on their property. The standard for premises liability depends on whether the owner acted unreasonably. This depends on the status of the visitor, including:
- Guest or licensees
Invitees or guests are people a property owner allows on the property for either social or business reasons or the visitor’s personal use. They have permission to be there, and they have the expectation that the property is safe.
A trespasser is someone who enters the property without permission. There are only two situations where the property owner or occupier is liable for the trespasser’s injuries:
- The property owner-occupier deliberately harms the trespasser, or
- The property owner-occupier knows the trespasser is there and in possible danger but fails to act
If you are injured on someone else’s property and you can’t prove the owner was negligent, you can’t collect compensation. According to Nevada statute 41.141 for comparative negligence, an owner is not strictly liable for all accidents on their property. You need an experienced Las Vegas premises liability lawyer to help you find proof for your claim.
08. What Is Negligent Maintenance?
Negligent maintenance is when a property owner or controller fails to meet their legal obligation to keep the property in a safe condition for visitors. Anyone who owns or controls private or commercial property in Las Vegas, Henderson, or Southern Nevada is bound by Nevada law to maintain their property. Any property requires regular maintenance to keep it safe, including making repairs and following local safety codes. Their responsibilities include:
- Maintaining a risk-free environment
- Blocking or barricading access to any potential safety hazards
- Complying with local safety requirements
- Making any needed repairs within a reasonable time
- Using appropriate signage where needed
Property owners often fail to follow these requirements either because they are unaware of their obligations or they choose to ignore them. Whether through ignorance or carelessness, when failing to take the appropriate steps causes an injury to a visitor, the law allows the injured party to obtain compensation for their losses.
Slip and falls can happen anywhere, but they are most common in busy locations, including:
- Grocery stores
- Retail stores
- Cruise ships
These types of accidents might cause any of a wide array of injuries ranging from minor scrapes to concussions, broken bones and fractures, or severe sprains and strains. The age and impact of a slip and fall victim contribute to the severity of their injuries. Seniors are more likely to sustain more serious injuries from a slip and fall than someone younger.
About 3 million older adults are treated in the ER for fall injuries each year. One out of five results in a serious injury such as TBI or broken bones. Every year, about 36 million falls are reported among older adults. About 300,000 are hospitalized for hip fractures, with more than 95% of that number resulting from falls. Of the 36 million falls that are reported for seniors each year, there are over 32,000 deaths.
If a slip and fall accident leads to the death of a loved one, contact a Las Vegas wrongful death attorney. You might have the right to file a claim to receive compensation on their behalf.
Some of the most common causes of slip and fall accidents are from trying to correct footing on certain defects, such as:
- Slippery floors
- Broken stairs or railings
- Concrete crumbling on curbs
- Retail merchandise stacked too high or incorrectly
- Improper storage or disposal of toxic chemicals
- Torn or loose carpet or mats
- Warped floors
- Poorly lit walkways or parking lots
- Debris or trash
- Uneven or icy sidewalks or parking lots
- Negligent security
Negligent or inadequate security cases arise from a property owner’s or controller’s failure to obtain any or adequate security for a location or event. The premises liability case deals with a visitor being injured by a third party, and they might include robbery, assault, battery, or rape.
If you were attacked by a third party while visiting someone else’s property, contact a Las Vegas premises liability attorney to learn more about your options. If the crime could have been prevented or the risk reduced through appropriate security measures, you might have a valid premises liability case. You shouldn’t have to face financial worries because of another person’s negligence.
The cost of treating slip and fall injuries can be financially overwhelming, especially when your injuries are severe and require ongoing treatment. You might need one or more surgeries, repeated doctor and specialist visits, emergency transportation and care, prescription medications, rehabilitation, and other types of therapies.
The impact of some injuries might never heal, causing you pain and suffering for the rest of your life. You might lack the strength and dexterity required to return to your previous job or to do things you’ve always enjoyed. Time off from work equals less money coming in and more difficulty paying your bills. Other family members could also need to take time off from work to help provide you with the care you need.
If your slip and fall was the result of a negligent maintenance case, you may be able to obtain compensation for your medical expenses. Other types of damages available to you are:
- Lost wages and loss of future income
- Property damage
- Pain and suffering
- Loss of consortium
Money can’t fully compensate you for the suffering you’ve gone through because of your injuries. It can, however, help you and your family while you go through the healing process. Contact Bay Law Accident Attorneys and talk with a Las Vegas slip and fall lawyer about your options for recovery.
09. Who Is Liable in Slip and Fall Claims?
Any premises liability claim is based on a property owner’s or controller’s negligence. The liable party is the one who failed to prevent the accident that caused your injury. If you need help determining who is liable, schedule a consultation with a slip-and-fall attorney at Bay Law Accident Attorneys. They will evaluate the facts of your case and determine whether one or more people were totally or partially liable for the accident.
If you fell on public property, the city where you fell might be responsible for paying your damages. If your slip and fall was on a Las Vegas sidewalk, in a crosswalk, or in a government building, talk with a slip and fall lawyer in Las Vegas about filing a claim against the government. In Nevada, a personal injury claim against the state has specific rules about who can file a claim and when. One important difference is that claims against the government have a shorter statute of limitations.
A Commercial Corporation
If you slip and fall while shopping at a retail store, grocery store, or casino, it might be a commercial liability. One disadvantage to filing a claim with a large commercial corporation is that they often have large legal teams on salary. The best way to level the playing field is to hire an experienced slip-and-fall attorney with a long record of success. At Bay Law Accident Attorneys, we’ve won millions of dollars in compensation for our clients. We aren’t afraid to take on big businesses or the insurance companies representing them.
A Private Property Owner
When a slip and fall happens on residential property, the property owner or landlord is often the defendant. It is less likely that a tenant who is renting the property is liable. The tenant may even be the plaintiff in a case against the property owner or landlord if they are negligent in making needed repairs.
Private property owners owe their visitors a duty of care. When they fail to meet this duty and you are injured, you have the right to file a claim against the liable party.
One of the first things a slip-and-fall lawyer does is assign fault. If you were injured on someone else’s property, talk with a Las Vegas slip and fall lawyer to help determine who was liable for your injuries.
10. How Do You Prove Fault in Slip and Fall Cases?
To win your claim and get compensation for your slip and fall accident, you must prove the person you named as a defendant was at fault. A Las Vegas slip and fall lawyer will look at the evidence and evaluate it alongside the rules of the civil courts or at what will convince the judge or jury of the truth and accuracy of the defendant’s liability. As the plaintiff in a slip-and-fall lawsuit, you have the burden of proof. You will build your case against the defendant through:
Proof of Duty of Care
To be liable, the defendant must have owed you a duty of care. All property owners owe visitors certain duties depending on their specific category. Of the different types of entrants, property owners owe those they invited onto the property the highest duties of care. This means repairing known hazards, searching for unknown ones, and warning them of potential hazards.
Breach of Duty
Your slip and fall attorney will collect proof that the defendant had a breach of duty, such as being negligent in inspecting the property for hazards or failing to make needed repairs. Some types of evidence your lawyer will consider are surveillance videos, maintenance records, or eyewitness statements.
Your lawyer must connect the defendant’s breach of duty with your slip and fall accident. Not only must you prove that the negligence existed, but that it is the reason you got injured. For example, the property owner put off fixing a leaky roof, and you slipped on the wet floor below and fractured your hip.
All three of these elements are required to prove a slip and fall claim in Las Vegas. You must also prove that you suffered real damages before the court will compensate you.
Talk to A Las Vegas
Slip and Fall Accident Lawyer
Never leave your slip and fall compensation to chance — there is too much at stake. Find out what you’re entitled to, what to expect during the claim process, and the next steps you need to take. Let us protect your legal rights. Contact us today if you have been in a slip and fall and suffered any injury.