Beyond the food, why do people go to restaurants? To celebrate birthdays. To talk business. To honor friends and family. To enjoy life. Perhaps you went out for a nice meal at one of Nevada’s dining establishments – but afterward, instead of posting a picture of your scrumptious entrée, your online account has a sad-face emoji with the caption: “I slipped and fell at a restaurant.” As a result, you suffered an injury. What do you do now?
First, stop posting. In fact, delete that last post immediately (see our advice here regarding the use of social media). If you are considering asking the restaurant for compensation, don’t mention anything about the accident online. Even neutral posts can harm your case.
Next, read this article to learn how the slip-and-fall accident attorneys at Eric Blank Injury Attorneys can help you file a claim. Slip and fall injuries are more common than you may think. Our team is experienced in navigating Nevada law and negotiating with restaurants’ legal departments to seek justice for our clients.
Yes, you can seek compensation if you were hurt in a slip and fall accident at a restaurant. However, whether or not you win the case depends on several factors. Were you inebriated and tossing chairs around when you slipped and fell? Or were you walking to a table and skidded on a just-mopped slippery floor?
You need to speak with a Las Vegas slip and fall attorney to discuss what happened. If the attorney concludes that you have a case, many parties may be named in the lawsuit, including the restaurant, its employees, its parent company, the property owner, and third parties that operate in the restaurant. Janitorial services and security staff are two examples of third-party entities.
The lawyers for the restaurant may say the accident was your fault or partially your fault. You may still sue for damages – it is up to the court to determine who was at fault.
Nevada has a modified comparative negligence law, which means the court can assign blame to more than one party. Let’s say you are asking for $20,000 in damages. If the court decides the restaurant is 90% at fault and you are 10% at fault, the settlement will be reduced by 10%. The final award will be $18,000 ($20,000 - $2,000 = $18,000).
Note that you can only recover damages if you are 50% or less at fault.
If you suffer a slip and fall injury, seek medical help. Later, when you are stabilized, write down everything you can remember about the accident. If necessary, ask a friend or family member to assist you. The details will be helpful to your lawyer and essential in preparing your case.
At the restaurant, if you can, get the contact information of any restaurant employees who assisted you and any witnesses to the accident. If the restaurant is part of a large chain, the staff may ask you to complete an accident report. Be sure to request a copy.
Various types of evidence can be helpful to your case, such as:
After evaluating the facts of your case, your Las Vegas personal injury attorney may seek compensation on behalf of you or your family for the following:
Under Nevada law, victims of slip and fall accidents have two years from the date of injury to file a lawsuit. We don’t recommend waiting that long. If too much time passes, you run the risk of losing evidence. For example, witnesses might not remember what happened, or records might go missing. Your case will likely be stronger if you file as soon as possible.
Dining out should be an enjoyable experience, not an injurious one. Perhaps the restaurant had a wet floor or uneven tiles, poor lighting, or rickety steps. If you were hurt, we want to know about it. We have successfully represented numerous clients in slip and fall cases, and we can help you. Call us today at (702) 222-2115 or fill out our online form.
Our staff speaks English and Spanish and can visit you in the hospital or at home to take your statements and have you review documents. There is no cost to you to retain our firm, as we only collect a fee if we win your case.
Copyright © 2023. Eric Blank Injury Attorneys. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Eric Blank Injury Attorneys
7860 W Sahara Ave Ste. 110
Las Vegas, NV 89117
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© Copyrights 2023. Eric Blank Injury Attorneys. All Rights Reserved.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.