Careful attention to injury prevention and the safety of employees, customers, and visitors is essential for the continued success of any Las Vegas business.
Las Vegas retail stores, casinos, restaurants, shopping centers, resorts or hotels, and other operations that the public is invited to visit are required to maintain their premises safely and to inspect, repair, and warn people of dangerous conditions. These establishments are responsible for ensuring adequate safety measures and protocols are in place to prevent accidents.
Some Important Facts And Statistics About Slip And Fall Accidents In The Country
Slips and falls account for over one million hospital emergency room visits. According to the National Floor Safety Institute (NFSI), two thousand people are treated in emergency rooms for slip and fall accidents every day, which accounts for twelve percent (12%) of all emergency room visits in the country.
Many slip and fall accidents are work-related and are a common reason for lost days at work. Twenty-two (22%) of slip and fall accident cases require more than thirty-one (31) days off.
According to the Centers for Disease Control and Prevention (CDC), slip and fall accidents are a leading cause of death for those between 65 and 84 years.
The CDC has reported that slip and fall accidents are the most common cause of brain injuries. The effects of these Injuries can linger on and result in severe impairments.
The CDC estimates the average hospital cost for a slip and fall injury is over $30,000. Fall-related medical bills in the country exceed $34 billion annually.
According to the American Trucking Association, slips and falls are the leading cause of compensable injury in the trucking industry.
Liability In A Las Vegas Slip And Fall Accident
Many slip and fall accidents are caused due to some failure on the property owner’s, business, or its manager’s behalf. This could include their inability to clear debris, remove foreign objects on the floor, or store these objects correctly, appropriately design their premises or make repairs, maintain even stairways and walkways, clear spilled water regularly, or not warn people of hazards using appropriate signs.
Determining negligence is very fact-sensitive. A Las Vegas premises liability attorney will thoroughly investigate every case, asking questions such as:
- How long the unsafe condition existed, and whether the owner had time to discover and fix the issue?
- Was there a regular schedule for cleaning and repairing the premises?
- Were there any warnings of the dangerous condition?
- Whether the steps taken to repair the unsafe condition were appropriate or adequate?
- Were any safety devices installed/maintained – like handrails on the stairs?
- Was there a legitimate reason for the dangerous condition? Or
- Whether the claimant’s carelessness contributed to the accident?
Factors That Can Compromise Your Las Vegas Slip And Fall Claim
The most common misconception about a slip and fall case is that if you are hurt on someone else’s property, you will automatically win your case and recover money from that property owner. That’s only sometimes true.
If you have been a victim of a slip and fall accident, the following factors can make it more difficult to secure compensation for a slip and fall accident:
- Under Nevada law, if your negligence contributed to your injuries, this could weaken your claim. But, if you were not more at fault than the property owner, you will still be entitled to at least a partial recovery. An individual is barred from recovering compensation in Nevada only if they are more than 51% responsible for causing an accident.
- After a slip and fall accident, you must be careful not to speak with anyone other than your attorney about what happened. You do not want to give a recorded statement to the insurance company or sign any agreement that curtails or limits your right to sue or absolves the wrong-doer of blame.
- You failed to collect or preserve evidence, or you failed to sue the right parties to the claim.
- Defendant’s admission of guilt was not recorded or documented.
Nevada law treats trespassers differently from those lawfully on someone else’s property. While property owners and businesses owe a legal duty to protect their patrons and business invitees from harm, they owe a much lesser duty to those trespassing without consent.
It is essential to seek medical attention as soon as possible after your fall. Suppose you do not have medical records demonstrating that you sought immediate medical attention for injuries consistent with a fall. In that case, this could make pursuing a claim for maximum value more difficult.
An experienced Las Vegas personal injury attorney can help you avoid unknowingly jeopardizing your rights. Taking too long to file a claim can result in you being barred by the statute of limitations prevailing in Nevada two years from the date of your injury.
Contact A Slip And Fall Lawyer At One Of Las Vegas’s Most Elite Law Firms
If you or a loved one has been injured or seriously hurt after slipping, tripping, or falling on someone else’s property because of the owner’s negligence in Las Vegas, Henderson, or North Las Vegas, turn to a legal team that understands the premises liability laws in Nevada and has a proven track record of getting results.
At Pacific West Injury Law, we crusade tirelessly for those who have suffered severe injuries in preventable accidents on someone else’s property – and we get results. We help victims of slip-and-fall accidents secure compensation for medical bills, the time they were off work, and even for pain and suffering.
Our firm is committed to protecting our friends and neighbors in our Las Vegas, Henderson, and North Las Vegas communities.