Being involved in a slip and fall accident is common, but can be very scary because it can lead to some serious injuries. These injuries that can come from a slip and fall accident can hold you back from work and maybe even cause you to need medical treatment. If you are renting an apartment or a house, you will have a landlord that owns the property. Landlords are required to keep the property free from dangers that could cause a slip and fall, so you don’t get injured. If you do get injured from a slip and fall accident, you may be able to file a landlord liability claim if it is caused by your landlord’s negligence. However, circumstances vary, and your landlord may or may not be liable for your injury. You should discuss your particular situation with an attorney experienced in slip and fall accidents.
Landlords are not always liable for every accident and injury that occurs on their property. If you are injured, the first thing you need to do is prove that your injury was caused by a negligent accident by your landlord. Two examples would be proving your landlord created an unsafe condition that led to the slip and fall, or knew about the hazard and did nothing to correct it. For example, if there has been a leak under your sink for a while and it caused the floor to be wet, causing you to slip and fall, your landlord may be liable. The question if your landlord would be held liable would depend on if they knew about the leak or not. If you were not home and the leak began to happen, causing you to slip when you got home, your landlord would not be held liable because there is no way they would have known about the leak. If you mentioned the leak to your landlord before and they neglected it, they could be held liable for your injuries. In the lease, the landlord will have stated your responsibilities as a tenant, and that will be used in court to determine if they are held liable or not.
Exterior Slip and Fall
There are certain conditions where your landlord could be held liable on a slip and fall in the backyard or in the front of the property. For example, if you were in front of your house on the sidewalk and slipped and fell due to a bunch of snow and ice there, your landlord may be liable. The landlord’s liability will all depend on what is stated in the lease, and if he is responsible for shoveling snow outside of the property. If in the lease it states you are responsible for any outdoor cleaning, such as shoveling the snow, then you are responsible for the slip and fall and they will not be held liable. Another example could be the exterior stairs of your house or apartment. If the stairs are defective in some way, including being broken or violating relevant building codes, that would be a firm case for the tenant that the landlord is likely at fault. If the tenant slipped and fell on the stairs due to a foreign substance that spilled on the stairs, the tenant will most likely be responsible for it because the landlord would have no way of knowing that there was a foreign substance spilled on the stairs.
If you do get injured due to a slip and fall accident, you must take photos of where it happened, your injuries, and any other important details that would be brought up in court. It is very unlikely that you would win a slip and fall case if you showed no evidence of any injuries or the condition of where it happened. Having a visual record means a lot in court and can be the deciding factor in determining whether or not the landlord will be held liable for a slip and fall accident.
Proving liability in a slip and fall accident can be very difficult, which is why having a trusted legal team represent you is highly recommended to ensure you receive compensation. Here at Richard Harris Personal Injury Law Firm, our experienced attorneys will teach you about the rights you have as a tenant, and what the next step is moving forward. A slip and fall can lead to serious injuries, and we want to help you from being held liable if it was due to the negligence of your landlord.
Filed under: Personal Injury, Premises Liability, Uncategorized
Off to school! An integral part of your daily life as a parent is sending your child to school. In fact, it is the law. For children ages 6 to 16, it is compulsory to be enrolled in school whether it is public, private, or homeschool. Schools are designed to be a place of safety and security for our children. Once they are on school property, the school has a responsibility to their students for a reasonable duty of care – school staff and administration are charged with students’ well-being and with protecting them from foreseeable harm. There is even a specific term referring to the school’s role as acting in loco parentis, or “in place of the parent.” In the State of Nevada, children spend approximately 180 days per year in school. With that, it is inevitable that accidents will occur. Understandably so, when your child comes home with a scrape or bruise, we tend to dismiss it as the usual wear and tear from kids being kids. But what happens if your child is seriously injured on school property? Who is responsible and where do you turn? There are so many questions you may have.
Can you sue the school if your child is injured on school property?
Yes, you can. The injury must have occurred on school property during school hours. An attorney may be able to recover the financial cost of medical bills, the emotional cost of pain and suffering, and more depending on the nature of the accident and the extent of the child’s injuries. The law varies based on whether a school is public or private when it comes to what steps you must take in order to hold the school accountable for the incident.
Child Injury in a Private School
When a child is injured in a private school, parents are able to sue the school itself.
Child Injury in a Public School
Public schools are government entities, therefore, if your child is injured in a Nevada public school, you must follow very specific procedures in order to file a claim. There must first be a report of the incident filed with the school district within a 60- to 90-day window. In order to proceed with filing a lawsuit, you must then wait until either the school denies your claim, or the school takes no action within a three- to six-month time period.
Nevada school districts are liable for incidents on school property due to negligence, including, but not limited to:
Harassment by a teacher in the form of bullying or sexual harassment.
Bus accidents caused by the negligence of the bus driver violating the laws of the road.
Injuries sustained during school sports or activities.
Neglecting to provide medications.
Discrimination of a student based on (but not limited to) race, gender, or gender identity.
Inadequate security on the premises to keep students safe from outside harm.
What if my child was injured by a teacher?
Nevada’s school districts can be held liable for teacher’s actions in certain instances under its waiver of sovereign immunity law, which gives people the ability to sue the school for the negligence of a teacher or its staff member. When a teacher is doing their job as it is intended, and an accident occurs due to their carelessness or negligence, the school is responsible. One of the conditions under the sovereign immunity waiver protects Nevada schools from being sued for more than $100,000 for employee negligence. They are also protected from paying out punitive damages. On the other hand, in cases of intentional misconduct by a Nevada school employee, those conditions do not apply if the school is found negligent. It is the school’s responsibility to perform their due diligence when hiring teachers and staff by conducting thorough background checks. Furthermore, if a teacher is found to be unfit for their position and no action is taken and they commit an intentional wrongful act, the school itself can be deemed negligent. Nevada schools are charged with proper supervision and disciplinary action for their employees. If the school fails to carry out this duty and a student is injured due to a teacher’s intentional improper behavior, the school can then become the responsible party.
Unlike public schools, private schools do not have a cap on the amount that can be paid out for recovery of damages if an employee is found negligent. They can also be sued for punitive damages.
What if my child was injured by another child at school?
In most cases where a child is injured by another child at school, the parents are the liable party. If there is negligence on the part of school staff such as inadequate supervision, the school may be liable.
If my child was injured on school property after school hours, who is responsible?
Nevada schools are not liable for accidents that happen on school property after hours.
Is the school liable if my child becomes ill or gets food poisoning from school cafeteria food?
In many cases, school food is provided by an outside vendor. If that food then causes your child to become ill, the manufacturer would ultimately be liable for their product’s safety. On the other hand, if the cafeteria is serving food provided directly by the school, the school is liable and its negligence may be grounds for a lawsuit.
Do I need a lawyer to represent me in a lawsuit if my child is injured on school property?
The procedures you must follow before ever filing a lawsuit with a Nevada school are very specific. An experienced attorney is necessary to navigate these strict guidelines and bring the school and/or its employee to justice for the negligence that caused your child’s injury. The Richard Harris Law Firm has represented thousands of Nevada families in the last 40 years. Contact us immediately so we can help your family, too.
If you have been injured on someone else’s property, you may be able to sue the property owner to recover damages through a premises liability case. The laws governing whether you have a valid claim to recover damages for your injuries are complex and often require an attorney to determine the potential liability. Most premises liability claims settle prior to a trial; however, if your injuries are severe and you and the property owner are unable to come to a fair settlement through negotiations and other pretrial procedures such as arbitration or mediation, a trial may be necessary. As a plaintiff in such a case, you have the right to a jury trial.
Each case is different, and many factors enter into property owner liability and potential awards. An attorney who understands this legal territory is necessary in order to pursue a premises liability case. If a court case is required, you may be able to ask for both compensatory damages, i.e. the property owner paying your medical bills, lost wages, loss of future earnings due to the injuries, and pain and suffering; and punitive damages if the property owner was especially negligent. The following are general legal principles and doctrines that govern these types of cases but should not be taken as legal advice.
What needs to be proven in a premises liability case?
In order to have a valid premises liability claim, your lawyer will need to establish five facts:
That the person you’re suing (the defendant) owned or controlled the property at the time of the injury
That you (the plaintiff) had permission to be on the property at the time of the injury
That a dangerous condition existed at the time of the injury
That the defendant knew or should have known about the dangerous condition
That the dangerous condition caused your injuries
In a trial, the above five facts must be proven “by a preponderance of the evidence,” which means that it is more likely than not that the defendant’s negligence caused the injuries. The court will attempt to establish a percentage of liability under Nevada’s comparative negligence doctrine (NRS 41.141). This means that even if you were partially at fault for the accident (50% or less), you may be entitled to recover damages at a reduced rate.
Property Owner’s Reasonable Duty of Care
A property owner must act in a reasonable way to prevent dangerous conditions on their property. Furthermore, if dangerous conditions exist, property owners may have obligations to warn others of those conditions.
The defendant’s reasonable duty of care may be determined on what type of guest you were at the time of the injury. The courts recognize three types of guests on someone else’s property:
For example, a visitor to a restaurant who is purchasing food and eating would be considered an invitee. If you are on the premises installing a new computer system to facilitate the business, you could be considered a licensee. If you have stopped at a fast food restaurant or convenience store to use the bathroom without intention to purchase a product, you could be considered a trespasser.
The courts have established that property owners may have a reduced liability to those they have not invited onto their property (trespassers); however, a property owner may not intentionally injure or harm a trespasser.
Property owners may be required to warn others of dangerous conditions on their property if they knew or should have known about the condition, depending on how open and obvious the condition is. Whether the property owner should have known about a condition has to do with the facts of the case and will be determined at trial.
Common Las Vegas Premises Liability Claims
Las Vegas presents an environment where you may have a premises liability claim if you were injured on someone else’s property. Common types of premises liability cases include:
Slip and fall accidents in casinos, restaurants, and stores
Defective elevator and escalator accidents
Faulty carpeting accidents
Slippery or waxed floor accidents
Lack of security
Swimming pool and water park accidents
Uneven or unclear walkways
Unmarked construction areas
The Richard Harris Personal Injury Law Firm Represents Those Injured by Others’ Negligence
Cases involving injuries sustained on someone else’s property depend on a number of factors. The foreseeability of a potential hazard and the warning given for known or potential hazards are only two factors. The court attempts to determine whether reasonable care was exercised by the property owner to prevent injuries due to both obvious and not so obvious hazards. Premises liability is a complex and evolving area of the law which requires the skills of a knowledgeable and experienced attorney to protect your rights under the law. If you were injured on someone else’s property due to that property owner’s negligence, you may have grounds to file a claim for medical and other expenses incurred by you as a result of the injury. Call us today to discuss your potential case at (702) 444-4444.
Any time you go grocery shopping, visit a friend’s house, or take a walk down the street, you probably aren’t looking out for potential hazards that could lead to an injury. That’s because all property…
Any time you go grocery shopping, visit a friend’s house, or take a walk down the street, you probably aren’t looking out for potential hazards that could lead to an injury. That’s because all property owners and managers have a duty to keep their spaces free of hazards—or, at the very least, make their customers, visitors, and the general public aware of any potentially dangerous conditions.
Although no one expects to suffer life-changing injuries while running daily errands, it happens more than you might expect. According to the Centers for Disease Control and Prevention (CDC), more than one million people are injured in slip and fall accidents every year.
At Richard Harris Personal Injury Law Firm, we know that suffering any unexpected injury can be a painful, frustrating, and stressful experience, no matter the cause. What’s even more frustrating, however, is when those injuries could have been prevented. If you were injured on someone else’s property, our premises liability attorneys may be able to help you file a claim for compensation.
Slip and Fall Injuries Are Caused by More Than Wet Floors
Many slip and fall injuries result from unsafe conditions that could have been prevented. When property owners and managers fail to address or alert visitors about potential hazards, they should be held responsible.
The law is designed to help prevent victims from paying out of pocket for injuries caused by someone else’s negligence. If you were hurt on another person’s property, our Las Vegas premises liability lawyers want to help you get maximum compensation. When you contact us to handle your slip and fall claim, it’s our goal to hold the responsible property owner accountable by proving:
The accident was a result of his or her negligence
The owner was aware of the dangerous conditions and could have prevented the incident
Our experienced legal professionals are ready to assist you anytime, day or night—just call (702) 444-4444, or contact us online now.
Unfortunately, slip and fall accidents in grocery stores happen all too often. The combination of smooth, shiny floors with liquids on shelves, refrigeration units, and constant in-and-out traffic can create a dangerous situation. If the cause…
Unfortunately, slip and fall accidents in grocery stores happen all too often. The combination ofsmooth, shiny floors with liquids on shelves, refrigeration units, and constant in-and-out traffic can create a dangerous situation.
If the cause of the dangerous situation is the fault of the grocery store, or the grocery store employees were aware of the dangerous situation and did nothing to correct it, the store may be responsible for damages. In fact, according to a decision by the Nevada Supreme Court, even if the dangerous condition was “open and obvious,” the owner of the premises may still be responsible for damages.
Let’s face it, Las Vegas is a town made for parties. It’s pretty much the reason this oasis in the middle of the Mojave Desert exists. And we do it well. We have a lot of people who come here to party, in fact in 2012, Las Vegas had nearly 40 million visitors. That amounts to almost 110,000 visitors per day. Movies have been made about it, we’ve had advertising campaigns promoting that what happens here stays here, and regardless of where you live the in U.S., Las Vegas means party time, in pretty much any way that can be defined.