The concept of a slip-and-fall case, otherwise known as Premise Liability, has to do with a simple idea. It’s that anyone operating a business should take reasonable care to ensure the property is safe and free of hazards that could cause an accident. If an unsafe condition occurs on the premises, upon proper notification of the condition the business operator must either remove the unsafe condition or in the interim, warn customers that the unsafe, and possibly dangerous, condition exists.
If you are injured, what steps should you take?
If you are on the premises of a Nevada business and you slip and fall and are injured due to unsafe conditions, there are several steps you should take to strengthen a potential case if you choose to pursue a lawsuit against the business owner.
- Depending on the extent of the injuries, you may be transported for medical care immediately to a local hospital. If your injuries do not cause loss of consciousness and you are still able to move about, you should file an accident report as soon as possible after the incident.
Most businesses have accident report forms already pre-printed and a member of management is usually designated to take the report. As soon as possible after the report is filed, you should seek medical care for the injury. This accomplishes two things: it documents the extent of the injuries, and provides for treatment for the injury at the earliest possible moment.
- You probably won’t be given a copy of the accident report for your own records, so when you are able, write a summary of what happened in your own words. In the summary, tell why you believe the accident occurred and why the business owner is responsible for the unsafe condition.
- If possible, take pictures of the location of the accident, showing the unsafe condition that caused the accident to take place. Document whether warning signs were placed in an obvious location where you could have reasonably seen them. Even if signs were present, if they were misplaced or not obvious, you may still have a case.
In 2016, a jury found in favor of a shopper at a Nevada Lowes garden department and awarded $16 million to the plaintiff because the warning sign was concealed.
- Talk to an attorney about your case. Depending on the extent of your injuries, most settlements offered by businesses will not cover the medical expenses incurred in a lengthy recovery. The laws governing premise liability are many faceted, and require the skills of a well-seasoned attorney to navigate.
The Richard Harris Law Firm is the largest and most experienced firm in Nevada
The law evolves over time and new cases can change older accepted doctrines. For example, in 2012, the Nevada Supreme Court handed down a ruling that slightly tilted the scales in the plaintiffs favor in Foster v. Costco Wholesale Corporation. A well-informed lawyer will be aware of new rulings and will pursue your case to gain the maximum benefit for you. If you have experienced an injury accident at a local business, call us today to talk about your potential case at (702) 444-4444.