Mesquite Slip & Fall Accident Attorneys

Advocating for Slip and Fall Injuries in NV

If you slipped and fell due to unsafe property conditions, you may be eligible for compensation for your injuries. At Bertoldo, Carter, Smith & Cullen, LLP, our Mesquite slip and fall accident lawyers can help you understand your legal options.

In many cases, property owners are responsible for ensuring their properties are safe for the public. When they fail to do so, they may be legally liable for any injuries that result.

If you were injured due to a slip and fall accident on someone else's property, you may be eligible to seek compensation. Call (702) 505-8115 today for a free consultation.

What Is Considered a Slip & Fall Accident?

A slip and fall accident is any accident that occurs when someone is walking on a surface that is not safe for walking on, such as a wet floor or a surface covered in snow and ice. These types of accidents are often referred to as "premises liability" accidents because the property owner is liable for the safety of their property.

The following are common slip and fall accidents:

• Broken bones
• Soft tissue injuries
• Spinal cord injuries
• Concussions
• Traumatic brain injuries
• Dislocated joints
• Burns
• Lacerations

If you were injured in a slip and fall accident, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. At Bertoldo, Carter, Smith & Cullen, LLP, we can help you understand your legal options if you were injured in a slip and fall accident.

Types of Slip & Fall Accidents We Handle

Our Mesquite slip and fall accident attorneys can help if you were injured due to:

• Wet or slippery floors
• Snow and ice
• Dirty floors
• Broken or missing handrails
• Faulty stairs
• Uneven or damaged surfaces
• Obstructed walkways
• Inadequate lighting
• Defective merchandise
• Defective machinery
• Defective machinery parts
• Failure to warn

If you were injured in a slip and fall accident, you may be eligible for compensation for your medical expenses, lost wages, and pain and suffering. At Bertoldo, Carter, Smith & Cullen, LLP, our Mesquite slip and fall accident attorneys can help you understand your legal options if you were injured in a slip and fall accident.

What Are Premises Liability Laws in Nevada?

In Nevada, premises liability laws govern the legal responsibilities of property owners and occupiers to maintain safe conditions on their premises. The specific provisions and standards for premises liability in Nevada can be found in the Nevada Revised Statutes (NRS) Chapter 41, which addresses negligence.

• Duty of care
• Negligence
• Hazardous conditions
• Notice requirement
• Comparative negligence
• Damages

Duty of Care

Property owners and occupiers owe a duty of care to individuals who enter their premises. The duty owed depends on the legal status of the visitor:

• Invitees: Property owners have a duty to exercise reasonable care in maintaining their premises for the benefit of invitees. Invitees are individuals who enter the property for a business purpose, such as customers or clients.
• Licensees: Property owners have a duty to warn licensees of known dangers that the licensee is unlikely to discover on their own. Licensees are individuals who enter the property for non-business purposes, such as social guests.
• Trespassers: Property owners generally owe a lesser duty of care to trespassers, but they must not intentionally cause harm or engage in reckless behavior.

Negligence

To hold the property owner or occupier liable, it must be shown that they were negligent in their duty to maintain the premises. Negligence refers to the failure to exercise reasonable care in preventing or correcting hazardous conditions.

To establish a negligence claim in a slip and fall case in Nevada, the following elements typically need to be proven:

• Duty of care
• Breach of duty
• Causation
• Damages

Hazardous Conditions

To determine liability in a slip and fall accident, it is necessary to show that a hazardous condition existed on the property. Hazardous conditions are conditions that pose a risk of harm or injury to individuals on the property. This could include wet floors, uneven surfaces, inadequate lighting, loose rugs or mats, or any other dangerous condition that could cause someone to slip, trip, or fall.

Notice Requirement: Actual and Constructive

Property owners or occupiers may be held liable for slip and fall accidents if they had actual or constructive notice of a hazardous condition. The notice requirement for slip and fall cases refers to the property owner's or occupier's knowledge or awareness of the hazardous condition that caused the accident. In Nevada, both actual notice and constructive notice are relevant in determining liability.

• Actual notice means that the property owner or occupier had direct knowledge or awareness of the hazardous condition that caused the slip and fall accident. If the property owner or occupier was informed of the dangerous condition prior to the accident, they would be considered to have actual notice.

• Constructive notice, also known as implied notice, refers to the assumption that the property owner or occupier should have known about the hazardous condition. It is based on the concept that a reasonable property owner or occupier should regularly inspect and maintain their premises to identify and correct any dangerous conditions. If a hazardous condition has existed for a sufficient amount of time that it should have been discovered and remedied through reasonable inspection and maintenance practices, the property owner or occupier may be deemed to have constructive notice.

Comparative Negligence - 51% Bar Rule in Nevada

Nevada follows a modified comparative negligence system with a 51% bar rule. If the injured party is found partially at fault for the slip and fall accident, their compensation may be reduced in proportion to their percentage of fault.

However, if the injured party is determined to be 51% or more at fault, they may be barred from recovering any damages. This means that if the plaintiff's degree of fault exceeds 50%, they are not entitled to receive compensation.

Damages Available for Slip and Fall Injuries in Nevada

In slip and fall injury cases in Nevada, various types of damages may be available to compensate the injured party for their losses. The specific damages that can be pursued depending on the circumstances of the case and the extent of the injuries.

Types of damages that may be available:

• Medical expenses: This includes the costs of medical treatment, hospitalization, surgery, medication, rehabilitation, physical therapy, and any other healthcare-related expenses arising from the slip and fall injury.

• Lost wages: If the slip and fall injury causes the injured party to miss work or results in a reduced ability to work, they may be entitled to compensation for the wages lost during their recovery period or for any future loss of earning capacity.

• Pain and suffering: Damages may be awarded for the physical pain, discomfort, and emotional distress experienced as a result of the slip and fall injury. These damages aim to compensate the injured party for the non-economic impact of their injuries.

• Property damage: If personal property was damaged or destroyed in the slip and fall accident, the injured party may seek compensation for the repair or replacement of the damaged items.

• Punitive damages: In rare cases involving extreme negligence or intentional misconduct by the property owner or occupier, punitive damages may be awarded. Punitive damages are intended to punish the at-fault party and deter similar behavior in the future.

It's important to note that the availability and calculation of damages can be complex, and it's advisable to consult with a slip and fall injury attorney in Mesquite, NV. An attorney can evaluate the specific details of your case, assess the extent of your injuries and losses, and help you pursue the maximum compensation available to you under Nevada law.

Nevada Statute of Limitations for Slip & Fall Accidents

In Nevada, the statute of limitations for personal injury cases, including slip and fall accidents, is generally two years from the date of the injury. This means that a lawsuit must be filed within two years of the accident to preserve your right to seek compensation.

It's important to note that there can be exceptions and variations to the statute of limitations depending on the specific circumstances of the case. For example, if the slip and fall accident resulted in the wrongful death of an individual, the statute of limitations for filing a lawsuit may be different.

Why Hire a Slip and Fall Attorney in Mesquite?

If you were injured in a slip and fall accident, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. At Bertoldo, Carter, Smith & Cullen, our Mesquite slip and fall accident attorneys can help you understand your legal options if you were injured in a slip and fall accident.

Call today to learn more.