In a place like Las Vegas, there is a scene to suit nearly every preference. However, one thing that all the businesses, public property managers, and even homeowners have in common: they have a responsibility to keep their property free from hazards that could cause a guest to slip or trip and fall.
But in order to pursue and receive compensation after being injured, you need to prove the fault of another person or entity. Working with an experienced personal injury attorney is the smartest way to help prove fault in a Las Vegas slip and fall accident and protect your rights.
Slip and Fall Accidents: the Most Common Type of Premises Liability Claim
Personal injury law is a wide umbrella of different types of accidents in which one person’s careless or reckless actions cause injury to another. Beneath this umbrella, there is a subset of cases known as premises liability claims, which involve the responsibility of a property owner or possessor to keep their property safe for guests.
Slip and fall accidents are the most common type of premises liability claim. They edge out claims involving other types of property hazards, such as fires, flooding, elevator or escalator accidents, and negligent security.
According to the National Floor Safety Institute (NFSI), slip and fall accidents account for around one million visits to emergency rooms in the U.S. each year. The majority of these accidents are the result of flooring and flooring materials.
How Liability Is Proven in a Las Vegas Slip and Fall Case
Liability refers to the legal responsibility a defendant has in a civil claim to compensate the victim of an accident that was caused by their recklessness or carelessness. In order to prove fault in your Las Vegas slip and fall claim, you must show the following three elements of your case:
- There was a hazardous condition on the premises
- The property owner/ possessor knew or should have reasonably known about the condition
- The claimant was injured as a result of this unmitigated condition
In tort claims such as premises liability lawsuits, the burden of proof is lower than in a criminal case. You do not have to prove that the negligent property owner was “guilty beyond all reasonable doubt.” You must simply prove that the preponderance of the evidence suggests that the accident occurred as you claimed.
In other words: more likely than not, you were injured by the property owner’s failure to mitigate a hazard on the premises. Therefore, they are liable and at fault for your injuries.
The Types of Evidence Used to Prove Liability for a Las Vegas Slip and Fall Accident
There are several pieces of evidence that can potentially be used to prove liability and fault in a slip and fall claim in Las Vegas, such as:
- Building codes or contracts that required the property owner to maintain the flooring surfaces of the property in order to prevent injury
- Eyewitnesses who saw the accident occur, or surveillance video of the site at the time when your slip and fall took place
- Previous complaints or legal claims involving the same hazard on the same property.
- Medical records revealing injuries that were sustained by a fall
- Photographs of the scene where the fall took place, including photos of the hazard that caused the claimant to fall in the first place
The Statute of Limitations in Las Vegas Slip and Fall Lawsuits
The statute of limitations refers to the time you have to file a legal claim to seek compensation for injuries suffered in personal injury cases. According to Nevada Revised Statutes (NRS) 11.190, personal injury claimants—including those injured in slip and fall accidents—generally have two years from the date on which the accident occurred to file a premises liability lawsuit.
It should be noted, however, that while the claim must be filed in court during this timeframe, the case does not have to be resolved within two years.
How a Lawyer Can Help You Prove Who Is at Fault for Your Las Vegas Slip and Fall
People who have been injured in slip and fall accidents often think that obtaining compensation for their injury is as easy as filing an insurance claim. In truth, sometimes it is. However, insurance companies often attempt to reduce or even eliminate payouts on third party injury claims through tactics such as:
- Convincing you to accept a ridiculously low settlement under the belief that it is all the compensation that is available
- Requesting to see your entire medical history in order to look for pre-existing conditions that could explain away the injuries incurred
- Shifting the facts of the case so that it appears that you were actually at fault for your injuries
- Arguing that the property hazard that caused your injury should have been obvious to you, or that you weren’t watching where you were going
An experienced Las Vegas slip and fall attorney knows the tactics that insurance companies use and how to counter them. Additionally, your attorney is deeply familiar with:
- The deadlines and formalities involved in the legal process
- How to properly value your claim to ensure that you receive enough compensation to pay for the expenses of your injury
- The types of evidence needed to prove your claim
Our Las Vegas Slip and Fall Attorney Can Help You Recover Damages From Your Accident
Slip and fall accidents are often regarded as “minor” incidents. However, falls are one of the leading causes of catastrophic injuries involving the brain or spinal cord, as well as a potentially debilitating or even life-threatening hip fracture. These facts denote how serious injuries from slip and fall accidents can be.
To help prove fault in your Vegas slip and fall claim, let the personal injury attorneys at Pacific West Injury Law help you. We understand the process of obtaining compensation for the expenses and impacts of your Las Vegas slip and fall injury clients. For your free case evaluation, call us or contact us online today.