Slip and fall accidents can cause critical injuries, and liability must be established to prove fault. To establish a claim, one must understand the legal element of negligence under Nevada law. 

If you or a loved one has been injured in a slip and fall accident, an experienced Henderson slip and fall attorney can help you through the legal process and assist you in establishing a case.

What Is Negligence in Slip and Fall Cases?

Negligence is the failure of a property owner to use ordinary care to prevent injury to others. In the case of slip and fall accidents, liability would attach to the owner or possessor when actions are not taken with reasonable care in maintaining safety.

To establish negligence, a plaintiff must be able to prove:

  • Duty of Care: The property owner owed a legal duty to keep the premises reasonably safe.
  • Breach of Duty: The owner failed to fulfill that obligation by allowing hazardous conditions to exist.
  • Causation: The breach of duty directly caused the slip and fall accident and resulting injuries.
  • Damages: The plaintiff suffered actual harm, such as medical expenses, lost wages, or pain and suffering.

Common Examples of Property Owner Negligence

Spills that are not cleaned up soon enough leave water or some other elements that make the floor slippery, and this might cause falls.

  • Insufficient Lighting: Areas that are badly lit offer a problem in trying to see different hazards, making the likelihood of tripping or slipping increased.
  • Broken Handrails or Steps: Defective stairs are very dangerous, as their good condition may not be assured.
  • Not displaying warning signs: The use of warning signs for wet floors or otherwise informs visitors about temporary hazards.

Proving Fault in Nevada Slip and Fall Cases

Proving fault in a slip and fall case is all about accumulating and presenting evidence to substantiate your claim. The evidence may be presented as:

  • Pictures of the Hazard: Pictures of the hazardous condition causing your fall
  • Witness Statements: Statements of people who witnessed the accident or knew about the hazardous condition
  • Maintenance Records: Documents showing that the property owner knew about but failed to attend to the problem.
  • Medical Records: Evidence of the injuries sustained as a result of the fall.

Know Your Rights

Understanding negligence is fundamental in slip and fall cases, as it directly impacts your ability to seek compensation for injuries sustained. By proving that a property owner failed to maintain safe conditions and that this failure caused your accident, you can establish a strong legal claim.

Stay informed, know your rights, and take the steps needed to secure a safer future.