Nevada is known for its bustling tourist industry. Whether it’s the thriving nightlife of Las Vegas or the state’s natural wonders and wilderness, the Silver State knows how to stay in the headlines. However, in recent years, the state has become the epicenter of slip-and-fall accidents in shopping malls, restaurants, offices, casinos, resorts, and other commercial facilities.
Unsurprisingly, there’s been a rise in slip-and-fall lawsuits, with more victims pursuing legal action against the responsible parties. However, filing a slip and fall claim in Las Vegas or any other city requires a solid understanding of Nevada premises liability laws and their application in these cases.
In this post, we’ll explain the most common laws and how Las Vegas slip-and-fall lawyers use them for litigation.
Understanding Nevada Premises Liability Laws
Nevada’s premises liability laws play an important role in slip and fall litigation. Below is a simple breakdown of different legal elements that work together to serve justice to personal injury victims:
1. Duty of Care
Nevada law requires property owners and occupiers to maintain safe conditions for visitors and employees. Therefore, both parties must address safety hazards promptly and warn visitors proactively since they could be held liable for injuries and other damages.
2. Invitees, Licensees, and Trespassers
Nevada premises laws distinguish visitors based on three categories – invitees, licensees, and trespassers. Invitees include customers, tourists, and other individuals with open access to certain areas of a facility. Licensees are visitors who require permission to visit facilities like employees, delivery services, and social guests. Finally, trespassers are those who enter properties uninvited to cause harm or create issues for owners. Hence, they’re not owed the same duty of care as their counterparts.
3. Proving Negligence
In slip and fall cases, victims must prove liability on the part of the property owner or occupier by providing evidence of hazardous conditions and the responsible party’s failure to address issues leading to accidents and injuries.
4. Comparative Negligence
Nevada follows a comparative negligence system. Hence, a victim could receive reduced compensation if they played a partial role in their slip and fall accident. For example, they were using their phone while walking on a wet floor. In such cases, you need an experienced slip-and-fall attorney Las Vegas to represent you in court to maximize compensation.
5. Notice of Hazard
Property owners can be held fully or partially responsible for a slip and fall victim’s injuries and damages if they fail to provide a hazardous condition notice. This notice acknowledges that the owner or occupier knows about a certain hazard and is proactively informing visitors to stay vigilant.
Slip and fall accident victims can receive compensation for various economic and non-economic damages, including (but not limited to):
- Medical bills
- Pain and suffering
- Lost wages
- Emotional distress, etc.
7. Statute of Limitations
Nevada allows slip-and-fall accident victims to file personal injury claims within two years from the date of the accident. Failing to meet this deadline can prompt the local district case to dismiss your case, taking away your chance to get justice and compensation. So, hire a Las Vegas slip and fall lawyer as soon as possible following your accident.
How Las Vegas Slip and Fall Lawyers Use Nevada Premises Liability Laws for Litigation
Below are five ways Nevada slip and fall attorneys Las Vegas Nevada premises liability laws to litigate claims hitting their desks:
1. Investigating the Incident
Most experienced Nevada slip and fall lawyers operating in Las Vegas, Summerlin, Henderson, and other cities begin investigations by collecting evidence, such as:
- Surveillance footage
- Witness testimonies
- Accident reports, etc.
With this information (and more), they build their case and establish the hazardous conditions to prove the owner’s or occupier’s negligence.
2. Identifying Duty of Care Violations
Slip and fall lawyers Nevada use the state’s premises liability laws to analyze the duty of care based on the victim’s visitor category. For instance, if they were invitees or licensees, they’re more likely to receive compensation for the owner’s failure to maintain safe conditions. Conversely, trespassers may not receive the same or any compensation except in extreme circumstances.
3. Proving Negligence and notice
To successfully prosecute slip and fall cases, lawyers must prove liability or negligence. They can use the notice of hazardous conditions to build or support their case. For instance, placing warning signs for a wet floor due to leaking pipes in a common hallway doesn’t always cut it. They must address the issue within an acceptable time frame.
4. Comparative Negligence Defense
As mentioned above, the property owner may not be solely responsible for a slip and fall accident. Therefore, attorneys must anticipate and prepare for comparative negligence defense to minimize the compensation reduction or prevent the victim from getting the full blame for their accident and injuries.
5. Negotiations and Court Representation
Most slip-and-fall lawsuits in Nevada are resolved through negotiations. Hence, they rarely reach trial. Attorneys use their skills and experience to negotiate a fair settlement for both parties. However, in some cases, the defendants may not be willing to play ball and take the case to court. Using their knowledge of Nevada premises liability laws, your attorney will argue on your behalf, present evidence, and question witnesses until the judge or jury decides the verdict.
Contact a Nevada Slip and Fall Lawyer Right Away!
The Bourassa Law Group understands how difficult recovering from slip and fall injuries can be. With hundreds of slip-and-fall cases under our belt, we know how to navigate the complexities involved in the litigation process, from lawsuit filing to evidence gathering and negotiations. So, hire one of our top Las Vegas slip-and-fall lawyers to handle your case diligently and effectively.
Contact our team at 800-870-8910 to share your story, and let us help you get justice and maximum compensation for economic and non-economic damages.
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