Slip and Fall Accidents

Slip-and-fall accidents are among Nevada’s most common causes of personal injuries. These incidents can occur anywhere, from workplaces to quiet grocery store aisles, and often result in serious injuries that can have long-lasting effects. If you have been injured in a slip-and-fall accident, you need to understand your rights and the legal options available to achieve the best possible outcome, and a Nevada premises liability lawyer at Mitchell Rogers

Injury Law can guide you in the right direction.

What Causes Slip and Fall Incidents?

Slip-and-fall accidents can occur because of various factors, many of which result from negligence by property owners or managers. Some common causes include:

  • Spills, recent mopping, or weather-related moisture can create hazardous conditions if not promptly addressed or properly marked
  • Cracked sidewalks, potholes, or uneven flooring can cause people to trip and fall
  • Inadequate illumination can make it difficult to see potential hazards, especially in stairwells or parking lots
  • Torn carpeting, loose tiles, or warped floorboards can create unexpected tripping hazards
  • Improperly stored merchandise, cables, or other objects left in paths of travel can lead to accidents
  • Missing or improperly installed handrails on stairs or ramps can contribute to falls
  • Ice, snow, or rain can create slippery conditions that property owners must address to ensure safety
  • Sudden changes in flooring type or elevation can catch people off guard if not adequately marked or maintained

Property owners and managers are legally obligated to maintain safe premises for visitors. This includes regular inspections, prompt repair of known hazards, and appropriate warning signs when immediate fixes are impossible. Failure to meet these responsibilities can result in liability for injuries sustained in slip-and-fall accidents.

What are Common Slip-and-Fall Injuries?

Slip-and-fall accidents can cause a range of injuries, from minor bruises to life-changing conditions. Some of the most common injuries include:

  • Fractures and broken bones, particularly in wrists, arms, ankles, and hips
  • Soft tissue injuries like sprains, strains, and tears to ligaments, tendons, and muscles
  • Head injuries, ranging from concussions to severe traumatic brain injuries (TBIs)
  • Spinal cord injuries, which can potentially lead to partial or complete paralysis
  • Back and neck injuries, such as herniated discs and whiplash
  • Shoulder injuries like rotator cuff tears
  • Cuts and bruises
  • Knee injuries, particularly damage to ligaments like the ACL or MCL
  • Psychological trauma such as anxiety, depression, or post-traumatic stress disorder (PTSD)

It is essential to seek medical attention immediately following a slip-and-fall accident, even if you do not think you have been seriously injured. Some injuries, like internal bleeding or mild concussions, may not be immediately apparent but can worsen if left untreated. Prompt medical care ensures your health and safety and provides helpful documentation for any potential legal claim.

What Do You Need to Prove to Win a Slip-and-Fall Case in Las Vegas?

To potentially win a slip-and-fall case in Las Vegas, you and your slip-and-fall injury attorney at Mitchell Rogers Injury Law must establish several elements of negligence. These components are essential to prove that the property owner or manager was at fault for your injuries. While on their premises. This is generally straightforward, as property owners are legally required to ensure the safety of visitors, customers, or tenants.

Next, you need to demonstrate that the property owner breached their duty of care. To establish liability, it could be shown that they were aware of a hazardous condition, did not address it, should have known about it through reasonable inspection practices, or created it themselves. It is necessary to show that the breach of duty directly led to your slip-and-fall accident. This means showing a clear link between the hazardous condition and your fall.

To support your case, you should gather and protect evidence such as:

  • Photos or videos of the accident scene and hazardous condition
  • Witness statements and contact information
  • Incident reports filed with the property owner or manager
  • Medical records detailing your injuries and treatment
  • Documentation of lost wages and other financial impacts

Nevada follows a modified comparative negligence rule. If the court determines that you are 50% or more at fault for the accident, you will not be able to seek compensation. If you are less than 50% at fault, your percentage of fault may reduce your compensation.

Given the complexities of proving negligence and navigating Nevada’s legal system, working with an experienced slip-and-fall attorney is highly advisable. They can help gather evidence, negotiate with insurance companies, and build a strong case on your behalf.

Do You Need to Go to Court If You File a Claim?

Many people are hesitant to pursue a slip-and-fall claim because they fear a lengthy and stressful court battle. However, it is important to understand that not all slip-and-fall cases end up in court. Initially, Mitchell Rogers Injury Law will likely file a claim with the property owner’s insurance company. This starts a negotiation process where your slip-and-fall lawyer presents evidence of liability and damages, aiming to secure a fair settlement without court intervention. Insurance companies often prefer to settle cases to avoid the costs and uncertainties of a trial.

Mediation might be the next step if direct negotiations do not lead to a satisfactory resolution. This involves a neutral third party who helps facilitate discussions between you and the insurance company to reach an agreement. Some cases may go to arbitration, where a neutral arbitrator hears both sides and makes a binding decision. Your attorney may recommend filing a lawsuit if a fair settlement cannot be reached through negotiations or alternative dispute resolution methods. However, even after a lawsuit is filed, settlement negotiations often continue. Only a small percentage of slip-and-fall cases actually go to trial. This typically happens when there is a significant disagreement about liability or the value of damages.

Several factors may impact whether your case goes to court, such as the strength of evidence, severity of injuries, damages sought, the insurance company’s willingness to settle fairly, and your willingness to endure a potentially lengthy legal process.

Recoverable Damages in a Nevada Slip-and-Fall Case

You may be entitled to various types of compensation, known as damages. These damages are designed to make you “whole” again, as much as possible, by covering your losses and addressing the impact of the injury on your life.

Economic damages include medical expenses, lost wages, property damage, and out-of-pocket expenses directly related to your injury. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and, in severe cases, loss of consortium for your spouse. Punitive damages may be awarded in rare cases where the property owner’s conduct was particularly egregious or reckless. These are intended to punish the wrongdoer and deter similar behavior in the future.

Nevada places caps on certain types of damages in personal injury cases. The cap for non-economic damages in medical malpractice cases is $350,000, excluding standard slip-and-fall cases, according to NRS Chapter 41A. Punitive damages are generally limited to $300,000 if the compensatory damages are less than $100,000 or three times the compensatory damages if they exceed $100,000. The damages you can recover depend on factors such as the severity of your injuries, liability clarity, age, pre-accident health, the impact on your career and daily life, and your attorney’s skill and experience in presenting your case.

What About When a Slip-and-Fall Happens at Work?

Workplace slip-and-fall accidents are a significant concern in Nevada, as highlighted by recent statistics from the Bureau of Labor Statistics (BLS). These incidents cause personal injury and can result in lost productivity and legal complications for employers. Understanding the prevalence and impact of workplace accidents, particularly slip-and-falls, is crucial for both employees and employers.

According to the BLS report on fatal work injuries in Nevada for 2022:

  • The total number of fatal work injuries was 38, a slight decrease from the previous year.
  • Transportation incidents were the leading cause of workplace fatalities, accounting for 16 deaths (approximately 42% of the total).
  • Falls, slips, and trips were the second most frequent cause, responsible for nine deaths (about 24% of the total).

The construction sector reported a significant number of these incidents, highlighting the heightened risk in this industry.

Other causes of workplace fatalities included:

  • Violence and other injuries by persons or animals: 6 fatalities (16%)
  • Contact with objects and equipment: 5 deaths (13%)
  • Exposure to harmful substances or environments: 2 fatalities

These statistics highlight the importance of workplace safety regulations and the critical role employers play in maintaining safe working conditions. Extra precautions and safety measures are essential for those in high-risk industries like construction, where workers are often at risk of falling from heights or tripping over equipment and debris.

When an Employer is at Fault

When a slip-and-fall accident occurs in the workplace or during the course of employment, the legalities can change somewhat. In these cases, the employer may be held responsible, and the process for seeking compensation is typically different from a standard premises liability claim.

In most cases, workplace injuries are covered by workers’ compensation insurance. This is a no-fault system, meaning you do not have to prove your employer was negligent to receive benefits. Workers’ compensation typically covers medical expenses and a portion of lost wages. It may also provide disability benefits for long-term or permanent injuries. Employers have a duty to maintain a safe work environment. This includes regular safety inspections, addressing known hazards, and providing proper training and equipment. If an employer’s gross negligence or intentional act caused your injury, you might have grounds for a personal injury lawsuit in addition to workers’ compensation.

If a third party caused your workplace slip-and-fall (e.g., a contractor or equipment manufacturer), you can file a personal injury claim alongside your workers’ compensation claim. These claims can potentially provide additional compensation beyond what workers’ compensation offers, including full lost wages and pain and suffering damages.

Employers must comply with OSHA regulations, which include specific requirements for preventing slip-and-fall accidents in the workplace. If your employer violated OSHA standards, this could strengthen your case if you pursue legal action beyond workers’ compensation. Nevada law protects employees from retaliation for filing workers’ compensation claims, and your employer is required to make reasonable accommodations if you can return to work with restrictions. You may not be covered by workers’ compensation if you are an independent contractor rather than an employee. In this case, you would need to pursue a personal injury claim against the company or property owner.

Other Potential Liable Parties for Slip-and-Falls

While property owners are often the primary defendants in slip-and-fall cases, there are situations where other parties may be held liable. Understanding all potentially responsible parties is crucial for ensuring you receive potential compensation for your injuries.

  • Property management companies: May be responsible if they are in charge of maintenance and safety protocols. Their contract with the property owner typically outlines their specific duties.
  • Tenants or lessees: In commercial properties, they may be responsible for maintaining safe conditions within their leased space. The terms of the lease agreement often dictate the division of responsibilities.
  • Maintenance contractors: Those hired to perform maintenance, cleaning, or repairs may be liable if their negligence leads to the hazardous condition. This could include janitorial services, landscaping companies, or repair technicians.
  • Government entities: For accidents on public property (e.g., sidewalks, parks, government buildings), a city, county, or state government might be liable. Note that claims against government entities often have special requirements and shorter time limits for filing.
  • Construction companies: If the slip-and-fall occurred in or around a construction site, they may be held responsible. This could be due to improper signage, failure to secure the site, or creating hazardous conditions.
  • Product manufacturers: In some cases, they could be held liable under product liability laws if a defective product contributed to the fall (e.g., a faulty ladder or slippery floor coating).
  • Snow and ice removal services: In areas where snow and ice are common, they may be held responsible if they fail to properly clear hazardous conditions.

Identifying all potentially liable parties is a complex task that often requires thorough investigation and legal expertise. A slip-and-fall injury attorney in Las Vegas, NV can help determine all possible avenues for compensation, ensuring that your claim addresses all responsible parties and maximizes your potential recovery.

Your Recovery is Our Priority

We understand the challenges you are facing. Mitchell Rogers Injury Law team is here to guide you through the process with compassion and expertise. Schedule a complimentary consultation to discuss your case and explore your options. Our commitment is to provide you with honest, professional advice and vigorous representation if you choose to move forward.