Can I File a Claim for My Slip and Fall Injury?

Posted on behalf of Henness & Haight on Apr 14, 2017 in Slip & Fall News

wet floor caution sign

Slipping and falling over a hazardous condition on another’s property can lead to serious injuries.

If you have been hurt because a property owner or manager neglected to maintain a safe premise, you should consult with an experienced slip and fall attorney.

If you are unsure whether your slip and fall accident is the fault of another, read the following information to determine if you can file a personal injury claim.

Did an Unsafe Condition Exist on the Property?

Property owners are in control of their premises and are responsible for maintaining its conditions to prevent dangerous accidents from occurring.

A property owner owes all guests and visitors a legal obligation to ensure their safety while on his or her premises. He or she is required to fix or correct any known dangerous conditions that exist, as well as anticipate any that might form.

In order for your slip and fall claim to be valid, you must prove you were injured by a hazardous condition that the property owner knew about or should have known about.

Examples of unsafe conditions include:

  • Wet or slick floors
  • Debris in walkways or hidden from view
  • Damaged sidewalks
  • Potholes
  • Accumulation of water
  • Exposed cords or wiring that could trip someone

However, property owners are only obligated to make their property reasonably safe for guests and visitors. If you were injured by an unsafe condition that suddenly occurred, like a rainstorm that causes a pavement to become wet, your claim might not be valid if the property owner did not have enough time to know about the situation and correct it.

Were You Warned of the Hazardous Condition?

An important aspect of slip and fall claims is whether the property owner made an adequate attempt to warn you of the unsafe condition. A property owner must address and warn others of any unsafe conditions within a reasonable amount.

If you slipped and fell on wet pavement and no sign or warning was posted to indicate the imminent danger, you may be able to file a claim against the property owner or manager.

However, if you slipped and fell after being warned of the hazard, the property owner is likely not liable for your injury.

A property owner is also unlikely to be liable for a slip and fall injury if it was caused by an open and obvious hazard on the premise.

People are expected to use reasonable care to prevent themselves from becoming injured. If you were to trip and fall over a large hole in a sidewalk, it might be expected that you noticed the hole before walking into it, and the property owner might avoid liability.

Slip and Fall Claims Against the Government

Slip and fall claims filed against the government have a different set of standards than those brought against the owners of private property.

In Nevada, civil claims brought against the government must be filed in writing and signed by the Nevada State Board of Examiners. You can find a copy of a tort claim form on Nevada’s Department of Risk Management’s website.

The claim must detail the following information:

  • The amount of damages you are seeking
  • A description of how the injury occurred
  • An explanation of why you believe the state is responsible for your injury
  • A copy of every medical report you received from each physician who treated or examined you after your injury.

All claims against Nevada have a two-year statute of limitations that begins on the date you were injured. If you fail to file a claim within this time, it will be rejected by the court.

Damages against the government are also limited to $100,000 per claim. You can only seek actual damages you suffered because of your injury. Punitive damages are not allowed in injury claims brought against the government.

If you believe the City of Las Vegas is responsible for your injury, there are specific instructions you must follow to file a claim. Your claim will be filed with the Risk Management Division of the City of Las Vegas located in City Hall.

Accomplished Las Vegas Slip and Fall Lawyers

If you were injured because of a property owner’s negligence, you may have reason to file a claim seeking damages.

The slip and fall lawyers at Henness & Haight will review your claim for free to determine if the owner or manager of the property is liable for your injuries.

All of our services are provided on a contingency fee basis, which means we only require payment if we recover fair damages for your claim.

Do not hesitate to seek legal help after an injury. Call 844.613.6275 today.