Understanding Your Rights After a Slip and Fall Accident on the Las Vegas Strip

Experiencing a slip and fall accident on the Las Vegas Strip can be overwhelming. With the influx of tourists and residents, such a problem can arise at any given moment. Understanding what legal rights you are given in the aftermath of a slip and fall is essential in order to help you acquire fair compensation for any injuries or damages you may have endured.

Premises Liability Laws in Las Vegas

Property owners are required to maintain safe conditions for visitors to enter. If any hazards are present in the area, they must respond to the problem within a reasonable time frame to prevent foreseeable harm from occurring.

The level of responsibility property owners are expected to provide will vary depending on the type of visitor. This typically falls into three categories: invitees, licensees, and trespassers.

Invitees

The highest duty of care is given to invitees. An invitee is someone who is welcomed onto the property and shares a mutual benefit with the property owner. Some examples include the following:

• Shoppers at a grocery store
• Guests attending a social event
• People staying at a hotel or resort

Licensees

Licensees are also given a high duty of care. A licensee is an individual who is given permission to step foot onto the premises, but is there for their own purpose. This includes:

• Salespeople walking door-to-door to sell a product
• Individuals who are requesting donations from the neighborhood
• Mail carriers delivering packages

Trespassers

Trespassers are not given the same duty of care as an invitee and licensee because they are gaining entry to the premises without acquiring permission from the property owner. But, if the person happens to be a child, the law may differ given the circumstances involved.

Property owners will need to create a safe space to prevent children from accessing the area. This includes setting up warning signs and barriers. If these are not considered, the chances of a child getting harmed are highly likely. In such a case, the property owner can possibly face legal repercussions for allowing a child to easily access the premises.

Common Causes of a Slip and Fall Accident

Fall accidents occur due to various factors. Below, we have listed some common causes and what to look out for to prevent yourself from getting harmed on public or private property.

Wet or Slippery Floors

Wet or slippery floors are one of the most common causes of fall accidents whether it be in the workplace, public space, or at home. It can occur due to the following factors:

• Spills
• Rain
• Snow
• Freshly cleaned floors.

Uneven Walking Surfaces

Uneven walking surfaces can make it difficult for a person to travel around the city without getting hurt in the process. Some particular circumstances that can provoke bodily harm include:

• Potholes
• Damaged sidewalks
• Cracked pavements

Poor Lighting

Poor lighting will obstruct a pedestrian’s vision of the road, which can prevent them from detecting possible road hazards. This, in turn, will cause them to make contact with the street obstacle and fall shortly after.

Damaged Stairs

Stairs that lack the following components can create dangerous conditions:

• Handrails
• Lighting
• Stair treads

Common Injuries in a Slip and Fall Accident

Common injuries in a slip and fall accident will vary for each person based on the intensity of the impact. Below, we have listed what possible forms of bodily damage are likely to occur:

• Broken bones
• Head injuries
• Hip injuries
• Traumatic brain injuries
• Spinal cord injuries

Las Vegas Statute of Limitations for Slip and Fall Cases

In Las Vegas, you are given two years from the date of when the slip and fall incident occurred to file a premises liability claim. Be sure to gather enough evidence and hire an expert premises liability lawyer to guide you through the legal process. If you do not fulfill these obligations in a timely manner, you may lose your chances of recovering maximum compensation.

Steps to Take After a Slip and Fall Accident in Las Vegas

Slip and fall accidents in Las Vegas can lead to physical and/or emotional trauma. Knowing what steps to take immediately after such impact is vital when it comes to protecting your rights and well-being. Whether you are a tourist or resident, we will guide you through what measures to take to help you acquire the care and compensation you deserve.

Seek Medical Attention

You should consider prompt medical treatment after a slip and fall accident. Even if you believe you sustained minor injuries, it is still important to get yourself examined to check for any issues that could worsen your condition over time. Your doctor visits, prescriptions, and/or surgical procedures will be documented and saved in your health records.

If you do not act quickly, the opposing side could argue that your injury may have been triggered by another factor or it was not as critical as you claimed it initially was.

Report the Slip and Fall Accident

After a slip and fall accident, you should report it over to the property owner or store manager. Once you have notified them about your injury, be sure to request a copy of the incident report to use as evidence in your premises liability claim.

Document the Incident

It is important to document the slip and fall incident so that you can have detailed evidence readily available to present. Do not forget to include the date, time, and location when describing what you witnessed. You should mention the road and weather conditions, as well. These factors are essential to mention in your written report as it can influence a fair and informed decision.

Gather Evidence

Try to gather the following evidence to better your chances of submitting a strong slip and fall claim:

• Photos of your injury, the damages your occurred, and the accident scene
• Witness statements
• A copy of the incident report
• A copy of your medical records
• Surveillance camera footage

Hire a Las Vegas Slip and Fall Accident Lawyer

A Las Vegas slip and fall lawyer can help by doing the following actions:

• Explain the state’s premises liability laws
• Go over your rights
• Notify you about what legal options you have available
• What you could be entitled to based on the evidence provided

Slip and fall lawyers will then proceed to establish an effective strategy with your priorities and needs in mind to make sure you are satisfied with the compensation you are granted.

How Will Liability Be Determined in a Slip and Fall Claim?

Determining liability in a slip and fall accident can be challenging. You should collect as much evidence as you can and hire a qualified Las Vegas slip and fall accident lawyer to assist you. Once you have presented your findings to your legal representative, they will identify the at fault party and help you prove negligence to ensure you are given a reasonable settlement.

Since Las Vegas follows the pure comparative negligence rule, all parties involved in the incident will be assessed. If you are found more than 50 percent accountable, you will not be entitled to receive compensation for the damages you sustained.

Potential parties that can be held liable in a slip and fall accident include:

• Property owners
• Government entities
• Business owners
• Store managers

What You Can Recover in a Las Vegas Slip and Fall Case

Recoverable damages available in a Las Vegas slip and fall accident case will vary for each victim due to the unique circumstances involved. The court will consider the factors listed below when calculating and distributing compensation:

• The severity of your injury
• Current and future medical bills
• Lost wages and earning capacity
• The degree of negligence committed

Typically, economic damages (medical costs and lost income) and non-economic damages (emotional distress and pain and suffering) are awarded in premises liability-related lawsuits.

Under rare circumstances, punitive damages may also be applied. You will have to prove that the defendant acted with intent to harm or with gross negligence.

Working with the Insurance Company in a Slip and Fall Case

In a slip and fall case, the insurance company responsible for handling claims pertaining to the incident is usually the one that gives liability coverage for the property owner. So, if you are harmed in a slip and fall accident, the property owner’s insurance will handle your liability claim for compensation.

The insurance company will immediately begin investigating the situation by learning what caused the slip and fall, your injury, and the damages you sustained. This will help them figure out how much compensation you could be entitled to.

From there, the adjusters will negotiate an offer with you. But remember, their goal is to reduce financial payout, meaning that they will suggest a low amount and try to settle quickly. So, be sure to have your Las Vegas slip and fall lawyer with you to help you acquire full and fair compensation.

Contact West Coast Trial Lawyers Today

If you sustained bodily harm after a slip and fall accident while lawfully on someone else’s property, you may be given the right to sue the responsible party to recover compensation. At West Coast Trial Lawyers, our Las Vegas premises liability lawyers will protect your rights and advocate on your behalf to ensure you are given a favorable outcome.

To schedule a FREE consultation, you can reach out to us by calling 213-927-3700  or completing our convenient online contact form. We are available 24/7 to answer phone calls and form submissions.