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FAQs About Slip and Fall Claims

Learn about frequently asked questions about slip and fall cases in Las Vegas.
Attorney Eric Blank

Slip and Fall FAQ

How Is A Slip And Fall Claim Proven In Las Vegas?

Slipping and falling can lead to various injuries. When that happens on another person's property, you could sue them for negligence. As the plaintiff, you need to prove the following elements:

  1. That the defendant has control over the premises of where the accident took place.
  2. The plaintiff had permission to be on the property
  3. There was a hazard on the premises that led to the accident
  4. The defendant knew or should have known about the hazard
  5. Falling hazards injured the plaintiff

The burden of proof is on the shoulders of the plaintiff.

What Is The Definition Of Dangerous Surfaces And Conditions?

There is no single definition of what a dangerous surface condition is. A floor becomes hazardous when property managers ignore maintenance and repair issues, or fail to take preventative measures. The property owner or the staff should warn patrons about the hazard if they cannot fix the problem immediately.

Specific examples of preventative measures include:

  • Using slip-resistant rugs
  • Replacing torn carpeting
  • Repairing uneven walkways or stairs
  • Placing warning cones near construction areas
  • Cleaning up wet surfaces
  • Removing excess wax from floors
  • Installing handrails on staircases
  • Following safety codes
  • Provide proper lighting
  • Cordoning hazardous areas
  • Keep public bathroom floors dry and safe
Is A Las Vegas Hotel Liable If I Slip And Get Injured In Their Establishment?

Hotels and casinos use different types of flooring. Under Nevada law, they are responsible for regularly inspecting the premises and addressing existing hazards. If the hotel or their staff neglect their obligation to maintain a safe environment for patrons, they can be liable for your injury.

What Are The Damages Involved In Slip And Fall Claims?

Plaintiffs can seek damages depending on the accident and the circumstances surrounding it. In standard negligence claims, they can seek compensatory damages to cover:

  1. All the medical bills related to the injury caused by the accident. That should cover hospitalization, rehab, treatments, home care, medication, and doctor visits.
  2. The wages the plaintiff lost because they were unable to work while injured. Calculation of this includes the bonuses and tips they should have received.
  3. In cases where the person can no longer work, the plaintiff has the right to receive the money they should have earned if not for the accident. That is called future lost wages.
  4. Pain and suffering are challenging to calculate. The purpose is to compensate the plaintiff for the emotional stress and physical pain they go through from the injuries.
Is There A Statute Of Limitations With Slip And Fall Claims In Las Vegas?

In Nevada, you have two years to file a personal injury claim, including slip and fall accidents. There are instances where the deadline is extended, but those are for special circumstances. Talk to a lawyer immediately if you get injured because of a slip and fall accident.

What Can I Do After I Slip Or Fall?

Call for medical attention after a slip and fall accident, especially if you are in pain. Your health comes first, and it is crucial to get checked immediately.

Report the incident at once to the proper authorities. Most commercial properties have a process for this. You can also call the police to give your official statement.

Gather evidence about the accident. Talk to potential witnesses to get their point of view and write it down. Take down their contact details, too.

Most importantly, talk to a slip and fall accident lawyer who can help organize the information to build your claim.

If you have other questions about slip and fall claims not covered in this list, you can contact Eric Blank Injury Attorneys by calling (702) 222-2115 or filling out our online contact form. We’ll provide you with a free strategy session to discuss the details of your case and determine the next best step.

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Ask a Question,
Describe Your Situation,
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Call (702) 222-2115 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

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We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

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