Sadly, slip and fall accidents happen in many places, such as elevators and escalators, stores and malls, amusement parks, sports arenas, hotels, and casinos. Many people may not realize how serious the injuries could be after a slip and fall—and how those injuries can alter their lives. Often, an injured victim must sue the business or property owner where he fell to get the compensation he deserves. For a person in this situation, it can be helpful to know what has to be proven in a slip and fall accident case.
The Basic Elements of Premises Liability
In Nevada, a person must show that the accident occurred as a result of an unsafe condition on another person’s property that could have been prevented. The basic elements of these cases all include the following facts the plaintiff must prove:
- The property or business owner knew or should have known about the dangerous condition on the property.
- The dangerous condition was not “open and obvious” to the injured victim.
- The property or business owner was negligent or failed to correct the unsafe condition.
- The person who slipped and fell suffered an injury.
A land or business owner has a duty to inspect his property to keep it maintained in a safe condition. The business owner also has a duty to warn others of any unsafe conditions.
Proving the Owner Did Not Act Reasonably
Often, a person suing for a slip and fall accident must show that the land or business owner did not act reasonably. Some factors that play a part in whether this can be proven include:
- How long the conditions existed. The issue is whether the cause of a person’s fall—such as a torn carpet or a wet spot caused by a roof leak—existed long enough that the owner should have known about it.
- What cleaning procedures were followed. If an owner claims he cleaned or inspected the property regularly, the issue is what procedure he followed and what proof he has of the actions he claims to have taken.
- Why the object was on the floor. If a person tripped over an object, the issue is whether there was a legitimate reason for it to be there and whether it was legitimate at the time of the fall. For example, if a person tripped over painting supplies and the painting had been completed a week before the fall, it probably would not be reasonable for these supplies to be on the floor. Another issue could be whether the owner had a safer place to store the object.
- Whether a warning could have been provided. The issue might be whether the owner could have constructed a simple barrier or a warning of the condition or hazard that caused the fall.
- Whether there was improper lighting. If the person fell at night, the issue could be whether inadequate lighting or a broken light contributed to the accident.
If you were injured in a slip and fall accident, you could be entitled to compensation for your medical bills, lost wages, and pain and suffering. Start an online chat or call us at 866-299-0558 to learn about your legal options and how we can help you.