Everything You Need to Know about Slip and Fall Cases

Posted on behalf of Henness & Haight on May 26, 2015 in Slip & Fall News

  A slip and fall injury is one in which a person is injured on the premises of another party by slipping, tripping or falling down. This can include icy conditions, debris, oily or wet areas or any other condition that causes a person to fall down. Proving fault in a slip and fall case can be tricky, as there are rarely hard rules defining fault. Here is a good overview of the slip and fall case, to help you understand what you need to know.

Dangerous Conditions

A slip and fall case generally involves injuries sustained from a fall due to the presence of dangerous conditions. These conditions can include, but are not limited to, the following:

  • Torn carpets
  • Uneven flooring
  • Bad lighting
  • Narrow staircases
  • Icy conditions
  • Oil or grease
  • Wet floors
  • Cracked sidewalks
  • Potholes

Duty of Care and Fault

Proving fault for the injury is the first order of business when dealing with a slip and fall case. Unfortunately, this is rarely cut-and-dried. Each situation must be taken individually, and it is up to the victim to demonstrate that the property owner is responsible. Property owners have an obligation to provide a reasonable duty of care to those who visit their property. This means that they have to keep their property in a manner that any reasonable human being would consider safe. It must be shown that the property owner knew of the dangerous condition and failed to take steps to mitigate the danger.

Proving Fault

To prove that there was fault for the condition, at least two of the following must be proven:

  • The condition was created by the property owner
  • The owner knew about the condition and was negligent, willful or careless in failing to correct it
  • The condition was present for a long period of time, such that the owner should have known about it before the accident occurred.

In short, it must be shown that either the property owner or possessor's negligence or willful failure to maintain safe conditions were at fault for the injury.

Government Properties

There are special rules that attach if you have an accident on government property. These areas are subject to severe requirements regarding notices. There are also broad and overarching safety and immunity provisions which protect government agencies from liability.

What to Do

If you are involved in a slip and fall accident, the process is similar as for any other accident. Talk to all witnesses, record all the details of the accident (with photos if you can) and seek medical attention for your injuries. Do not ever sign a liability or waiver, or admit responsibility for your accident. As soon as possible, call a qualified Nevada personal injury attorney for help. An injury lawyer will be able to navigate the tricky waters of fault and liability for slip and fall cases. With a lawyer at your side, you can be sure there is someone to fight for your rights and get you the compensation you deserve. If you need representation, contact us for a free consultation today.