Las Vegas Slip & Fall Lawyer

Fighting For Slip & Fall Accident Victims in Nevada

According to the Bureau of Labor Statistics, over one million Americans suffer from slip and fall injuries each year. Often, these accidents can lead to serious consequences, including devastating injuries, ongoing medical treatment, and exorbitant costs for victims.

At Bertoldo Carter Smith & Cullen, our Las Vegas slip & fall attorneys are on call to help you fight for a full recovery.

Whether your accident happened at work; in one of our many casinos, restaurants, or retail outlets; or while you were out simply enjoying an average day of running errands and entertainment, our Las Vegas slip & fall attorneys can provide the aggressive legal representation you need. We are ready to hear your story and share how we can help.

Contact us online today or call (702) 505-8115 to schedule your free and confidential consultation with our slip & fall accident attorney in Las Vegas.

Determining Fault & Establishing Liability 

Anyone who is injured in a slip & fall accident must be concerned with determining or identifying the cause of the fall and whether the property owner knew or should have known about the dangerous condition and failed to do anything to warn of it.

Knowledge of the property’s dangerous condition may be established by showing that:

• The defendant created the condition.
• The defendant knew the condition existed and failed to correct the dangerous condition.
• The dangerous condition existed for such a length of time that the owner should have been aware of it and corrected the hazard before the slip and fall incident.

In slip and fall injury lawsuits, the crucial issue often hinges on whether the defendant knew or should have known of the dangerous condition (for example, a spill on the floor), and if they did, what they did to warn of the condition. In some cases, it is possible for more than one person or entity to be legally responsible for someone’s injuries.

The Importance of Evidence in a Slip & Fall Case

Determining fault for a complicated fall will entail an extensive review of all available evidence, such as incident reports, video footage, statements by witnesses, pictures of the scene, eyewitness accounts, and other physical evidence.

A slip & fall lawyer in Las Vegas can promptly send a written notice to the manager of the premises, directing them to preserve all evidence relating to the incident.

Many times, the premise owner or their insurance company will not turn over the information unless a lawsuit is filed and the case goes to litigation. If the case proceeds to litigation, your lawyer will request all available evidence to aid in determining the cause of your injury and identifying the party legally responsible for it.

Who Can I Sue for a Slip & Fall Accident?

If you have been injured in a fall, our Las Vegas slip & fall attorneys can help you determine exactly who is liable for the circumstances that led to you getting hurt.

Depending on when and where you were injured, liability can fall on a single person or on a combined group of people who were responsible for creating and failed to provide a safe environment.

Our slip & fall lawyers have pursued property owners and operators for their negligence throughout the state, including:

• Homeowners
• Condo owners
• Retail operators
• Restaurants
• Hotel operators
• Bars and clubs
• Government entities

If you slipped, tripped, and fell as a result of a property owner’s failure to maintain a safe premises, you should not have to suffer the consequences of this negligence on your own. Our slip & fall lawyers want to not only help you hold the liable party responsible but also ensure the cause of your injuries does not lead to another person getting hurt.

Common Places for Slip & Falls in Las Vegas

Swimming Pools

In Las Vegas, where many commercial establishments and hotels maintain swimming pools, thousands of slip & fall incidents occur in and around pools each year. Swimming pool incidents are often linked to faulty pool equipment and lack of supervision.

Shuttles

Most Las Vegas hotels provide shuttle services to their patrons. Passengers have suffered from slips & falls while boarding and disembarking from these shuttles.

Bathtubs

Injuries arising from falls in slippery bathtubs are also common in hotels. In the hotel industry, the standard of care requires that a textured surface, rubber mat, or other friction device is provided or placed at the bottom of the tub to prevent slips & falls.

Hotels and Casinos

Hotels and casinos are among the most common places for slip & fall accidents in Las Vegas, as they often have wet or slippery floors due to spills, cleaning products, water leaks, and other hazards. There may also be uneven flooring or loose carpeting.

Restaurants

Restaurants are another common place for slips & falls. Many restaurants have wet floors due to spills from food or drinks, as well as slippery surfaces from grease or oil. Additionally, many restaurants have uneven flooring that can cause people to trip and fall.

Fighting the Tough Battles for You 

Often, when our clients are hurt at a friend or family member’s home, they are understandably conflicted about pursuing a financial claim, thinking that doing so will jeopardize their personal relationship.

Our lawyers understand the delicate nature of these types of claims. But the truth is, accidents like these are why people have homeowners’ insurance. What’s more, if your friend or family member lives in a condo or another type of multi-family housing, the condo owners’ association may be responsible for the financial fallout associated with your injuries.

This is all the more reason to get our Las Vegas slip & fall lawyers involved in your recovery; with our team on your side, you do not have to disrupt your personal relationship to seek financial restitution.

Our Las Vegas slip & fall lawyers will work directly with the property owner’s insurance company in our efforts to provide the best outcome available for your unique situation. We are known for our tireless negotiation and dedicated advocacy in the courtroom. Unlike a lot of other attorneys, we are not afraid to take your case to trial if necessary.

You should not be responsible for your own medical bills, lost wages, and additional expenses when someone else’s negligence caused your slip & fall accident. We can help you pursue justice in the form of financial recovery so you can move forward without worry.

Understanding Comparative Negligence in Nevada for Slip & Fall Cases

Nevada follows the principle of modified comparative negligence. This means that if a slip & fall victim is partially at fault for their accident, their compensation can be reduced by their percentage of fault. However, if the victim is found to be more than 50% responsible, they cannot recover damages. This makes it critical for victims to accurately assess their actions leading up to the incident and present compelling evidence to minimize any attributed fault.

This legal framework requires thorough documentation and clearly demonstrating the property owner's negligence. A slip & fall lawyer in Las Vegas can effectively analyze and argue these subtleties by piecing together evidence that supports the victim's claim and challenges assertions of shared blame, thus ensuring that fault is accurately assessed to maximize recovery.

Slip & Fall FAQs

How long do I have to file a slip & fall lawsuit?

Nevada law requires an injured party to file a premises liability lawsuit against the appropriate party within two years of the incident. Beyond this period, you may no longer be able to recover compensation, even if you have strong evidence of negligence.

The same statute of limitations also applies when a slip and fall causes fatal injuries, entitling the decedent’s family or estate to bring a claim for wrongful death.

Are slip & fall injuries common?

Unfortunately, yes. According to the Centers for Disease Control (CDC):

• More than 800,000 patients are hospitalized each year for a slip and fall injury
• Slip and fall injuries comprise nearly 20% of all job-related injuries, accounting for 1 in 6 of all time-lost injuries
• Over 65% of all fall-related injuries happen from a same-level walking surface, not from heights

Are the injuries sustained in slip & fall accidents substantial?

All slip & fall cases differ in severity, and the injuries that result can be catastrophic.

The CDC explains that:

• One in five slip & falls causes a severe injury, including broken bones or a head injury
• Falls are the most common cause of traumatic brain injuries, accounting for emergency room visits, hospitalizations, and deaths of 47% of all TBI-related injuries in the United States

The Occupational Safety and Health Administration adds that slip and falls comprise most of the general industry accidents, including:

• 15% of all accident deaths; only second behind motor vehicle deaths
• 25% of the claims reported at work each year; one of the most frequently reported injury causes
• 17% of all disabling occupational injuries

What are some of the most common causes of slip & fall accidents?

The U.S. Department of Labor states that slip & fall accidents often happen at work, but they are not limited to employment locations; slip & falls can also occur in premises liability cases.

The most frequent causes of slip & fall accidents include:

• Walkway elevation or level changes
• Walkways and work area clutter
• Falls from heights, including ladders or lifts
• Irregularities in walking surfaces
• Loose, unanchored rugs, mats or tiles
• Missing or uneven floor tiles and bricks
• Open cabinets and doors
• Poor lighting
• Carpets/mats with curled edges
• Slippery surfaces
• Sloped walking surfaces
• Poorly maintained thresholds
• Uncovered hoses, cables, wires, or extension cords across walkways
• Unmarked steps or ramps

Whether you are at work and are involved in a construction accident or are on foot and involved in a pedestrian accident when your slip & fall accident occurs, our Las Vegas slip & fall attorneys can help lead your case to financial recovery.

What types of injuries are associated with slip & fall accidents?

Unfortunately, slip & fall accidents often come as a surprise, allowing little time to brace for impact or protect your body from injury.

OSHA records state that up to 30% of people who experience a slip & fall accident will endure minor to serious injuries, with the most common types listed as:

• Abrasions and lacerations
• Sprains and strains
• Bruises and contusions
• Bone fractures and breaks
• Hip injuries
• Knee, ankle, or foot injuries
• Wrist, elbow, or shoulder injuries
• Spinal cord injuries
• Back and neck injuries
• Head injuries, including traumatic brain injury
• Wrongful death

What are the overall costs of a slip & fall injury?

The CDC lists the direct medical costs for slip & fall injuries at $31 billion each year, with hospital costs accounting for two-thirds of that total.

Depending on the severity of your injuries, you may experience a range of expenses and costs associated with things like:

• Current and future medical expenses
• Current and future lost wages
• Out of pocket expenses, including prescriptions and medical devices
• Rehabilitation and therapy services
• Temporary or permanent disability
• Partial or full disability
• Depression and/or anxiety
• Reduced quality of life

How can a slip & fall attorney help me recover from my injuries?

No matter where your accident occurred, or whether you are pursuing an employer for workers’ compensation or taking on a public or private company or municipality, the journey is going to be filled with challenges.

The insurance companies, and their attorneys and representatives are not going to provide financial restitution without a fight.

How Can I Prove a Slip & Fall Claim?

Evidence plays a crucial role in slip & fall claims. Photographs of the accident scene, witness statements, and medical records create a foundation for your case. Make sure to document any contributing factors, such as wet floors, uneven surfaces, or poor lighting. Your legal team can employ expert testimony to reconstruct the scene or clarify how the property owner's negligence led to your accident. Ultimately, proving the existence of a hazardous condition and the owner’s knowledge of such a condition are the keys to a successful claim.

What If I Am Partially at Fault for the Slip & Fall in Las Vegas?

Under Nevada's comparative negligence laws, you can still recover damages even if you are partially at fault, as long as you’re not more than 50% responsible for the accident. Your compensation will be reduced by your percentage of fault. Demonstrating how the property owner's negligence substantially contributed to the fall is important for minimizing your level of perceived fault. A detailed investigation and strong legal representation are essential in these circumstances.

Can I Claim Damages for Emotional Distress in Slip & Fall Cases?

Yes, emotional distress can be part of the compensation sought in a slip & fall accident, mainly if it results in long-term psychological impact or requires professional medical treatment. Proving emotional distress typically involves presenting medical testimony and documentation of therapy sessions. Understanding the full scope of your injuries, including any psychological effects, assists your legal team in accurately calculating and pursuing damages.

Contact Our Las Vegas Slip & Fall Accident Attorney Today

Call our experienced Las Vegas slip & fall accident attorneys at Bertoldo Carter Smith & Cullen today to schedule a free consultation.

Our Las Vegas slip & fall lawyers can take the lead in pursuing the individual, company, or city entity that caused your accident and fight to recover the financial compensation you deserve for your injuries without delay.

Call (702) 505-8115 or submit an online contact form today to learn more during a free and confidential consultation with our Las Vegas slip & fall lawyers.