Las Vegas Slip and Fall Attorney
Slip and Fall Injuries: Who is Liable?
Slip and fall is a personal injury case that is under the umbrella of “premises liability” claims. In a slip and fall accident claim, the injury sustained is not enough merit to secure a prosecution. Other factors are also reviewed, such as the conditions that led to the accident, the liability of the property owner/s, and the plaintiff’s contribution.
Many different conditions can cause slip and fall accidents. These conditions are observed indoors and outdoors.
Indoor Conditions Leading to Slip and Fall Accidents
If the owner of the property failed to make the necessary precautions to ensure safety within the premises, then he/she is legally responsible for the injuries you sustained. For example, while the owner is expected to wax, mop and polish floors, there should be enough warnings and barriers that will inform guests to be more careful.
Accident-prone areas indoors should be periodically assessed and repaired, if needed, to avoid slip and fall accidents. These areas include the stairs, escalators and elevators, and hallways.
Inaction or incomplete action can quickly become the bane of a property owner’s business.
Outdoor Conditions Leading to Slip and Fall Accidents
Outdoor conditions are a mix of natural and artificial factors. Natural factors pertain to extreme weather conditions, like ice or snow, that make paths slippery. Artificial factors include careless maintenance in aisles and inadequate lighting in parking lots, sidewalks, and stairs.
Proving Owner’s Liability
The property owner should maintain reasonably safe conditions within his/her premises at all times. If an accident happened because the owner is aware of unsafe conditions around the property but didn’t fix them, then the plaintiff will most likely win the case.
But it’s not easy to prove the owner’s liability. It’s not enough to come to court with an injury, although it’s good evidence. Your lawyer must also be able to prove the owner’s liability beyond the shadow of a doubt.
The first step is to prove the existence of a dangerous situation within the property, which resulted in your injury. Such a perilous condition must present an unreasonable risk that you have not anticipated.
The second step is to prove that the owner was aware of that dangerous situation but failed to improve it. It could be that the owner created that dangerous situation and that the condition has been there for a length of time. In simple terms, the owner must have foreseen an accident, but he/she chose to ignore it.
When dealing with slip and fall accidents in some states, the rule of comparative negligence applies. Under the doctrine of comparative negligence, the award for injuries is deducted by the dollar-equivalent of the plaintiff’s proven fault. The amount of comparative negligence will be determined by a jury or a judge.
Why hire a personal injury lawyer?
Immediately discuss with an experienced personal injury lawyer any slip and fall accident with perceived owner’s liability. Do not wait for the statute of limitation to expire on your slip and fall claim. Contact a law firm as soon as the injury was sustained.