Why are Slip and Fall Accident Claims Challenging to Prove?
The phrase “slip and fall” is often thrown around loosely in the news. Several high-profile incidents of this nature have been in the news because of massive settlement amounts, leading many to believe that these are frivolous lawsuits to extract money from people and companies.
However, the injury lawyers of Nevada would likely tell you that a slip and fall case is the polar opposite of this depiction. Quite often, it is because of negligence that causes a significant, life-lasting injury. The matter is quite serious, and all fifty states have statutes regarding this because it is.
Las Vegas personal injury attorneys know all too well that the main challenge is simply proving that a “slip and fall” did occur to satisfy Nevada’s civil courts. Here are some of the factors that make it a challenging task that requires the expertise of talented law firms who have been in the profession for quite a bit of time.
The Three Prongs of Proof
To simply establish that a slip and fall incident occurred, the plaintiff has to meet three prongs of proof.
1. Liability – The defendant in the case must be found to have been legally required to either do or not do something that contributed to the incident.
2. Negligence – After establishing that the defendant would be generally liable, it must be proven that there was negligence involved in the incident. This means that, even if the defendant may not have been aware of a contributing condition, they failed to exercise their duty of care.
3. Responsibility – Nevada civil law operates under “comparative fault,” meaning that even if the plaintiff were partially responsible for the incident, they would still be able to receive a portion of damages awarded, as long as it does not exceed 50%. It must be proven that the defendant caused damages of some sort to the plaintiff.
Proving a Slip and Fall Case
Of course, if you believe you have been the victim of a slip and fall, it would be in your best interest to contact a personal injury lawyer Henderson to discuss your case’s specifics. However, here is a sample of how your legal team could go about proving a civil case.
You can choose one of two ways to convince the courts that the defendant is at fault. First, you can argue that there was a condition that a property owner created that is a potential hazard. Note that this method does not require you to prove that the property owner intended to harm you or even knew that the condition was there. The other way you can prove your case is to demonstrate that the property owner knew about, or should have known about, a hazard causing the incident.
Even if you do not have all the details, a legal team can help fill in the blanks of a potential incident. Next, we will look at questions that clients frequently ask Nevada’s injury lawyers about the matter.
Can I Still File a Claim if I was Intoxicated?
Some people assume that if they are partially at fault for the incident, commonly due to alcohol or cannabis-based impairment, they don’t have a case. In Nevada, this can be tricky and is highly dependent on the circumstances. If you are less than 50% to blame for the incident, you would still have a case.
Who Would I Sue?
A common breeding ground for these cases are pedestrian facilities, such as sidewalks. For example, say a hypothetical plaintiff was walking out of a casino and slipped because the casino had left sprinklers on public sidewalks. In some instances, you would be pursuing damages from multiple parties. In this instance, the city or other public owner of the sidewalk could be liable, but letting sprinklers make a slipping hazard without proper signage would undoubtedly be cause for further investigation.
Need a Las Vegas Personal Injury Lawyer?
If you believe you may have a slip and fall case, you may have already done research on the matter. A few minutes of reading about them online can be practically dizzying; however, experienced Las Vegas personal injury attorneys can help you through this challenging time and help you fight for the damages you deserve. The Schnitzer Law Firm has been around the block when it comes to these types of cases and can schedule a no-obligation consultation to see if you might have a case and go from there.
If you’re interested in consulting with a lawyer, feel free to chat with one of our friendly agents on our website, call our operators who stand by 24/7 for your call at 702-960-4050, send an email to Contact@TheSchnitzerLawFirm.com, or fill out this form.