According to the National Floor Safety Institute, slip and fall injuries are the most common cause of emergency room visits in the United States. The majority of these injuries take place on one’s own property.
However, plenty of dangerous conditions exist outside of your home. If a slip and fall accident happens because of hazardous conditions on a property that is not your own, it is in your best interest to follow these steps for what to do after a slip and fall in order to protect yourself. Even if your slip and fall caused injury to your property only, you should still follow these steps if you believe the property to be worth compensation. You can also seek legal aid if you have received insurance compensation for a slip and fall, but your insurance company’s payout was not enough to cover your medical bills or other damages.
If you’ve followed all the steps and have opened a personal injury case, you are probably wondering, “Now what?” You’re assured that our attorneys are seeking to win a slip and fall case on your behalf, but what exactly will be presented in court? Not everyone is aware that slip and fall attorneys need to provide certain kinds of proof in order to win a slip and fall case.
Quick Definitions
- Premises liability: The body of law covering property owners’ liability for incidents and/or injuries that take place on property they own
- Duty of care: The responsibility of a property owner to provide “reasonably prudent” care for people who are on their property
- Negligence: Failure of a business, government entity, individual party, etc. to act under “reasonably prudent” circumstances
It’s not an exhaustive list, but in order to win a slip and fall case on your behalf, an attorney must usually present the following:
Proof that the Property Owner:
Owed a duty of care to the slip and fall case victim
In other words, the owner allowed the client to enter their property with the intent to engage in activities on the premises.
Had conditions on their property that caused the incident
Photos, videos, and general documentation of the hazard are important to give to your attorney when you are fighting to win a slip and fall case. The more proof you can establish that conditions were unsafe, the more likely it is that we achieve a positive outcome together.
Was negligent of the hazardous condition(s) that caused the incident
If the property owner had knowledge of a dangerous condition and did not act to create a safe environment, they may be found guilty of negligence. For example, failure to fix a broken step, waiting to dry a wet floor, or ignoring a sharp nail sticking out of the floorboards can all be examples of negligence. In some cases, the property owner may not be responsible for a treacherous condition, but rather a third party is at fault, such as a contractor who left a mess behind or failed to block off a work area. This may result in your case being against a third party rather than the property owner, although the property owner may still be partially responsible or involved in the legal process.
Proof that the Plaintiff:
Has experienced adverse effects from the incident
We don’t only want to win a slip and fall case because we want to make businesses and homes safer for people. We also want to win a slip and fall case for the sake of your lost income, time, medical bills, property, and quality of life. Proof of damages can come in the form of bills from a health insurance company, examples of wages lost or reduced at your workplace due to injury or distress, or any documents showing changes in your quality of life. It can even come from photographs of property of yours broken during the incident.
Heeded warnings and recommendations
Suppose you saw a wet floor sign, a “Closed for Maintenance” barrier, or caution tape around a particular spot before your slip and fall incident. In cases like these, it may be more challenging to prove you did not have the knowledge or capability to avoid the hazard. However, no matter the signage, you still may have a valid case, and you should not be afraid to seek legal advice.
Reported the accident in a timely manner
In every state, there is a different statute of limitations regarding personal injury and property injury cases. In Nevada, the limit is two years for personal injury and three years for damage to property. The timer starts counting down from the exact date of the incident, which is another reason why it is wise to report a slip and fall as soon as possible. As a general guideline, the longer the time period between the accident and the report, the more likely you will be questioned about not reporting the injury or damage sooner. This can negatively affect a personal injury attorney’s ability to win a slip and fall case on your behalf.
Protecting Your Rights
If you’re looking for expert legal counsel for anything from tackling personal injury cases to handling misdemeanors in Nevada, your choice should be clear: The Law Offices of Benjamin Nadig. We will seek to use our significant experience to make the process as streamlined as possible. We will seek to establish excellent attorney-client relationships that enable efficient and ideal communication. Most of all, we will seek the justice you deserve. For additional information, contact us today.