Slip and fall accidents can result in million-dollar compensation if you have a strong case and a skilled lawyer who can secure the settlement you deserve. Everyone slips and falls at some point, even when paying attention, right? Sometimes, it’s just bad luck. But if an unsafe condition caused your fall, the property owner may be liable for the injuries.
The average slip-and-fall settlement in Nevada is around $10,000. However, this amount can vary depending on the severity of the injury, negligence, and legal representation.
| Great News: Many slip-and-fall attorneys work on a contingency fee basis, so you only pay if you win compensation. |
If you’re considering filing an injury claim after a slip and fall, here’s what you need to know:
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Step 1: Establish the Property Owner’s Duty of Care
Property owners are responsible for keeping their property safe for visitors. However, their level of responsibility depends on why you were there:
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Invitee (Highest Protection):
If you were a customer at a store, a guest at a hotel, or visiting a business, the owner must take reasonable steps to keep the property safe for you.
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Licensee (Some Protection):
If you were a social guest or visiting for non-business reasons, the owner must warn you about known dangers through Warning signs, verbal alerts, or by sealing off hazardous areas to prevent accidents etc.
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Trespasser (Limited Protection):
If you are on the property without permission, the owner is generally not responsible for your safety. However, special circumstances may apply, such as if a child is injured in an unprotected swimming pool.
Important: To support your claim, you must show that you had a legal right to be on the property when the accident happened.
Step 2: Prove That the Property Owner Breached Their Duty
To establish negligence, you must show that the property owner failed to keep the environment safe. This can be proven if hazards such as the following were present:
- Defective or missing railings and guardrails
- Unsecured carpets or rugs
- Poor or inadequate lighting
- Icy, slushy, wet, or snowy walkways
- Tools or equipment left in walkways
- Cracked, broken, or uneven surfaces
- Hanging objects that pose a risk
- Walkways blocked by product displays
- Spilled liquids, food, or slippery substances
- Rocks or sand on walking surfaces
- Staircases (extra long or extra short) that violate safety codes
Once you’ve identified a dangerous condition, you must prove the property owner knew about it.
Step 3: Prove That the Property Owner Knew About the Hazard
To hold the property owner responsible, you must show that they knew about it. Here’s how you can prove it:
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The Owner or Employees Created the Hazard
If a store employee spills liquid on the floor and doesn’t clean it up, the property owner is automatically responsible because their staff created the hazard.
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Routine Inspections Were Not Done
Property owners are expected to check their premises for safety risks regularly. For example, if worn-out carpets in a hotel lobby were never replaced, it indicates a failure in maintenance.
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Lack of Maintenance Records or Security Footage
Missing maintenance logs or surveillance footage showing no repairs were made can support your claim that the owner neglected the hazard.
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There Were Previous Complaints
If customers, employees, or tenants reported the hazard before your accident, it proves the owner was aware of the issue but failed to take action.
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The Hazard Was Ignored for a Long Time
If a broken staircase, loose tiles, or uneven flooring existed for weeks without being repaired, it shows negligence. The longer a hazard remains, the more likely the owner should have been aware of it.
Step 4: Prove That the Property Owner Failed to Take Action
Once you’ve established that the property owner knew about the hazard, you must show that they did not take reasonable steps to address it.
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Failure to Fix the Hazard
If the issue could have been repaired, the owner should have acted promptly. For example, leaving a broken staircase unrepaired for weeks despite complaints demonstrates negligence. According to the National Safety Council (NSC), falls rank as the third most common cause of unintentional fatalities.
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No Warning Signs Were Placed
If an immediate fix wasn’t possible, the owner should have taken steps to warn visitors. For example, a “Wet Floor” sign should be placed near spills, and caution tape should mark hazardous areas.
By showing that the owner neither fixed the hazard nor warned visitors about it, you establish their failure to uphold their duty of care, strengthening your case for compensation.
Step 5: Gather Strong Evidence of the Hazard
To prove that a hazardous condition caused your injury, you must collect as much evidence as possible, including:
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Photos and Videos
Capture clear photos or videos of the accident scene, including any wet floors, poor lighting, or uneven surfaces.
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Surveillance Footage
If available, request security camera footage that shows the incident.
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Witness Statements
Ask eyewitnesses to provide statements confirming the hazardous conditions or lack of warning signs.
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Incident Report
If the fall occurred at a business, file an official accident report with the management.
Step 6: Prove That the Hazard Directly Caused Your Injuries
Insurance companies frequently claim that your injuries existed before the accident or were not caused by the fall. To counter this, you must:
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Seek Immediate Medical Attention:
Get medical help right away. A medical report will document the severity and cause of your injuries.
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Maintain Medical Records:
Keep detailed records of all treatments, doctor visits, and prescriptions.
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Keep Proof of Lost Wages:
If your injuries caused you to miss work, gather pay stubs or employer statements as proof.
Prepare Yourself For Common Defense Strategies And Learn How To Overcome Them
Property owners often use these defenses to avoid liability. To strengthen your case, you must be prepared to counter their arguments:
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Comparative negligence/Contributory negligence
This defense is common in slip-and-fall cases and often succeeds, so you must be well-prepared to counter it.
Property owners often argue that you have a responsibility to look out for your safety and that your own carelessness caused the fall. They may claim you were negligent because:
- You were in an area where visitors aren’t allowed or expected.
- You weren’t paying attention to where you were going.
- You were distracted by your phone, a child, or something else.
- Your footwear was unsafe or inappropriate.
- They took reasonable steps to fix or warn about the hazard, yet you were still injured.
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Warning Signs Were Posted
Defense
The property owner may claim they placed a “Wet Floor” sign or other warnings.
How to Overcome
Provide evidence that the warning signs were not visible, placed too late, or were inadequate to properly warn visitors.
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The Victim Was Distracted
Defense
They may argue that you were using your phone, talking, or not paying attention.
How to Overcome
Prove that the hazard was unavoidable, clearly dangerous, or not properly marked, making it difficult to avoid, even if momentarily distracted.
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The Hazard Was Temporary
Defense
The owner might claim the danger had just appeared (e.g., a fresh spill) and they had no time to fix it.
How to Overcome
Show that the hazard existed long enough that they should have known about it and taken action. If they failed to conduct regular inspections, it further proves negligence.
By preparing for these defenses and gathering strong evidence, you can strengthen your case and prove the property owner’s liability.
Conclusion
To win a Slip and Fall Negligence Claim in Las Vegas, you must prove that the property owner neglected to maintain a safe environment. An experienced lawyer can help you collect strong evidence to secure a fair settlement. After proving negligence, your compensation can include:
- Medical bills (current and future expenses)
- Lost income (including future lost earnings)
- Rehabilitation costs (physical therapy, counseling, etc.)
- Pain and suffering (physical pain, emotional distress)
- Loss of enjoyment of life (if injuries affect daily activities)
- Disability or disfigurement (long-term or permanent impact)
- Home modifications (ramps, medical equipment, etc.)
- Legal fees (if applicable)
Need Legal Help?
If someone else’s negligence caused your injuries, they should be held accountable. Consult a trusted Las Vegas slip and fall attorney today to protect your rights and get the compensation you deserve.
Don’t wait to seek legal advice! Every state has a statute of limitations for personal injury claims, meaning if you don’t file within the required timeframe, you may lose your right to compensation. Act now to protect your future.
Frequently Asked Questions
- What are the elements of negligence in a slip and fall case?
To prove negligence in a slip and fall case, you must show that the property owner had a duty of care, failed to address a hazard and that this directly caused your injury and losses. - What evidence is needed to strengthen a slip and fall negligence claim?
Strong evidence includes photos or videos of the hazard, surveillance footage, witness statements, incident reports, medical records, and proof of lost wages. - How do I find a good lawyer for my slip and fall case?
Look for a lawyer with expertise in personal injury law, positive client reviews, a proven track record of successful settlements, and one who offers a free consultation.