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Anatomy of a “Slip and Fall” Claim

The theory of premises liability holds that property owners are generally responsible for any injuries that occur on their land. And often these injuries are the result of a slip and fall, either from a height, on a set of stairs, or even over a hidden obstacle, which leads to catastrophic injury.

Be warned that while Nevada law allows for injury victims to recover compensation in a lawsuit, this opportunity doesn’t last forever. To be sure, if you have been injured on the premises of another, you must bring your claim for damages within two years.

What is a Slip and Fall Claim?

A personal injury claim may be brought under the theory of premises liability if you are hurt as a result of dangerous conditions on the property of another. If you have been injured at the movies, a grocery store, a parking lot, in an office building, a sporting event, or even in a casino, you may have a viable slip and fall claim. Here, you must show that the business owner or the property owner (or in some circumstances, both) failed to provide safe conditions. In other words, the owner or operator’s negligence must have caused you to be injured.

Of course, there are some slip and fall cases that are the fault of human error (all of us have been known to trip over our own feet on occasion), but if you sustained an injury as a result of an avoidable, unsafe condition, then you have a viable slip and fall claim. Such claims are most frequently brought as a result of injuries caused by uneven floors, pavement, or sidewalks; loose railings or banisters; stairs or curbs in disrepair that fall apart; unrepaired potholes or other public areas that are negligently maintained; wet floors; and slippery sidewalks or parking lots, although there are countless ways people are injured on the premises of another.

To Prevail in a Slip and Fall Claim, You Must Establish the Following Elements

In order to prevail in a slip and fall claim under the theory of premises liability, certain factors must be proven by a preponderance of the evidence. A “preponderance of the evidence” means that the evidence must show the victim’s claim to be more likely true than not. You must establish the following elements to prevail:

The defendant must possess the land or premises.

You must be able to prove you were injured on land belonging to (or rented by) the defendant. In some cases, you may not even need to establish possession, such as cases involving public property. Safety managers and others in positions of management can also be liable for negligence, as can large corporations and small businesses.

You must be a licensee or invitee at the premises where you were injured.

This is not always as straightforward as it sounds. If you were injured while shopping in a store, eating in a restaurant, or walking into a casino, then it will be easy to establish this element. However, many slip and fall accidents happen to licensees, rather than invitees. A licensee might be a visitor to a place that is not typically open to the public, like in a private home; or an individual invited onto the premises to inspect, repair, or sell something. If you are trespassing, you normally cannot bring a premises liability claim against the owner of the property on which you were trespassing, however, there are certain exceptions to that prohibition.

You must prove the defendant was negligent.

To prevail in a slip and fall case, you must be able to prove that the business, the owner, the manager, or the employees failed to maintain a safe environment for invitees or licensees. Ways this can be established include proving there was a lack of warnings posted for a dangerous situation, insufficient lighting in a dark parking garage, failure to fix broken items or remedy unsafe conditions, or even violations of the health or safety code.

Naqvi Injury Law Can Help You

The personal injury lawyers at Naqvi Injury Law can help you recover damages for your slip and fall injuries in the Las Vegas Area. If you are in Las Vegas, and have been injured on the premises of another, please call or email us today and let us help you.