When we place our loved ones in a nursing home, we expect them to be safe, especially from preventable dangers like slipping on icy walkways. Unfortunately, not all nursing homes in Nevada take the precautions they should, and during colder months. Nursing home residents hurt by ice can be more common than you think.
The falls caused by ice can result in devastating injuries for elderly residents. If your family member suffered an injury due to ice at a nursing home, it’s critical to understand your legal rights, the Nevada filing deadlines, and what steps to take.
These cases often fall under premises liability, and knowing how to prove negligence and act within the statute of limitations could make all the difference in securing compensation.
Who’s Responsible for Nursing Home Ice-Related Accidents?
Nursing homes, like all property owners and businesses, are expected to maintain safe conditions for residents and visitors. That means taking action when dangerous conditions, such as icy walkways or driveways, could lead to injury.
In Nevada, property owners, including nursing home operators, have a legal obligation to monitor and maintain their premises. If ice formed due to weather conditions and the facility failed to clear it, block it off, or put up proper warning signs, they could be held liable for injuries caused by a slip and fall.
It’s also common for third-party contractors, such as snow or landscaping services, to be involved in maintaining outdoor areas. If a contractor was supposed to treat the walkways and didn’t do so, they too may be held liable. Often, more than one party shares responsibility for a fall accident.
Common Injuries from Falls on Ice
A slip and fall accident may sound minor, but for nursing home residents, it can be life-altering. These falls often lead to:
- Hip fractures
- Head injuries and traumatic brain injuries
- Broken bones
- Spinal damage
- Severe bruising and internal bleeding
Not only are the physical injuries painful, but they often lead to emotional distress, loss of mobility, and in some cases, wrongful death.
Understanding Nevada’s Filing Deadlines for Slip and Fall Cases
In Nevada, the law gives you two years from the date of injury to file a personal injury claim. This deadline is known as the statute of limitations.
If you don’t file within this two-year window, your case may be dismissed, and your loved one may lose the chance to receive fair compensation for their injuries, medical expenses, and suffering.
This two-year timeframe typically starts on the date the accident occurred, not the date it was discovered. However, if the injury wasn’t immediately apparent or if the victim is legally incapacitated (like having dementia), there may be slight flexibility. But don’t count on it—act as soon as possible.
Special Rules for Government-Operated Nursing Homes
If the nursing home where the accident occurred is run by the state or county, the rules are a bit different. You’ll still have two years to file a claim, but you’re also required to submit a formal notice of claim to the appropriate government entity.
This notice must outline what happened, how the fall occurred, what injuries resulted, and why the government-operated facility is at fault. If you fail to file this notice correctly and on time, you may lose the right to sue altogether.
Additionally, Nevada law caps damages against government entities at $200,000, and punitive damages are not permitted in these cases.
Proving Negligence in a Slip and Fall Claim
To win a slip and fall lawsuit, you need to prove that the nursing home or other responsible party was negligent. That means showing:
- The nursing home had a duty of care to your loved one.
- They breached that duty by failing to keep the property safe.
- The breach directly caused the injury.
- The injury led to measurable damages (like medical bills, pain, and suffering).
Photos of the icy area, incident reports, medical records, and witness statements all help strengthen a slip and fall case.
What Compensation Can Families Seek?
If your loved one slipped and fell on ice at a nursing home, you may be entitled to seek compensation through a personal injury lawsuit. This can include:
- Medical bills (past and future)
- Lost wages, if the resident or a caregiver had to stop working
- Pain and suffering
- Emotional trauma
- Costs of ongoing medical treatment, such as physical therapy
- Modifications to living arrangements due to mobility issues
- Wrongful death damages, if the fall led to fatal complications
Nevada also has a special statute that allows victims aged 60+ to potentially recover double damages if the injury was caused by neglect. An experienced slip and fall lawyer can better guide you regarding the details of this matter.
Steps to Take After an Ice-Related Fall
If your loved one was injured due to ice at a nursing home, here’s what to do:
- Seek medical attention immediately and ensure everything is documented.
- Request and obtain an incident report from the nursing home.
- Take photos of the location where the fall happened, if possible.
- Gather witness names and statements from anyone who saw the incident.
- Preserve medical records and expenses tied to the injury.
- File a claim within the two-year limit, and sooner if a government agency is involved.
- Speak with an experienced Nevada personal injury attorney who handles fall accident victims and nursing home injury claims.
We also recommend learning the 5 common mistakes with slip and fall cases that can reduce your lawsuit compensation.
Why These Cases Are So Serious
Falls due to slippery surfaces are especially dangerous in nursing homes. Many residents are already dealing with health conditions that make recovery harder or impossible. That’s why property owners owe a heightened level of care to older adults in their facilities.
Letting ice buildup outside a main entrance or failing to monitor outdoor areas during freezing temperatures is not just careless—it’s potentially negligent conduct that deserves legal scrutiny.
Don’t Wait—Talk to a Legal Team Who Cares
The aftermath of a fall injury at a nursing home is overwhelming. You’re likely juggling medical care, insurance questions, and concerns about your loved one’s safety. And as we’ve seen, the legal process has strict deadlines that won’t wait.
That’s why we strongly encourage you to speak with a legal professional right away. An experienced attorney can help you gather evidence, file a personal injury claim, and guide your family toward financial compensation and peace of mind. Call the Bourassa Law Group Today for a Free Consultation
Fight Your Case with BLG
At Bourassa Law Group, we’re dedicated to fighting for families whose loved ones have been injured due to negligence. If your parent or family member suffered an ice-related injury in a Nevada nursing home, we’re here to help.
Our slip and fall attorneys offer a free consultation, and you don’t pay unless we win. Our experienced legal team understands the unique challenges families face when dealing with elder care injuries, and we know how to hold negligent parties accountable.
Call us today to protect your loved one’s rights and begin the process of recovery.
1-800-870-8910