It can happen in the blink-of-an-eye. A drink spilled on a casino floor already polished to a high gloss. A dark parking lot with uneven pavement. Spilled orange juice in a convenience store. Before you know it, you’ve slipped, fallen, and gotten hurt.
Slips and falls may sound like minor accidents, but there is nothing minor about broken bones, sprains, bruises, concussions, spinal damage, and other severe injuries from falling. In fact, falls are the single most common cause of deaths in the workplace, according to the U.S. Occupational Safety and Health Administration (OSHA), and the National Council on Aging calls falls “the leading cause of fatal injury and the most common cause of nonfatal trauma-related hospital admissions among older adults.”
To obtain the compensation you deserve for injuries you sustained in a slip and fall accident, contact the experienced Henderson personal injury attorneys at Benson & Bingham right away. We have successfully represented multiple clients in slip-and-fall matters, including obtaining $200,000 in compensation for a person hurt in a fall on a marble floor, $325,000 for a client whose fall involved a storm drain, and $172,000 for a person who fell because of an untacked carpet.
Slip and fall accidents happen when you fall and get hurt on someone else’s property. They involve an area of personal injury law called premises liability. In a nutshell, premises liability law says that owners and occupants of property have duties to make their premises safe for visitors. These duties vary according to property type and the degree of permission the visitor has to be there. But, generally speaking, so long as you are not an adult who trespasses on someone else’s property, the owner or occupant has at least some obligation to keep you safe from harm.
Many slip and fall accidents happen in retail business settings, like supermarkets, restaurants, and casinos. The owners and occupants of those properties owe the highest duty of care to their customers: they must take reasonable measures to maintain their premises in a safe condition and warn visitors of any unsafe condition until it has been repaired. Under Nevada law, the failure of a property owner or occupant to comply with this duty can leave them with legal liability for damages to anyone hurt by that unsafe condition.
There are times when owners or occupants of premises may genuinely not know about an unsafe condition there. Suppose it rains in Henderson, for example, and someone enters a store with a wet umbrella. The wet umbrella tracks enough liquid on the ground to make the floor dangerously slippery. What is the store owner’s duty then?
The law holds the owner/occupant to a reasonable standard of care. Simply put, if a reasonable person should have known about an unsafe condition, then the failure to clean it up or warn about it can lead to legal liability. What would it be reasonable to expect the store owner to know about in the example above? Ultimately, that would be for a jury to decide using their common sense and life experience. It might not be reasonable to expect the store owner to clean up a slippery condition or to put out a Wet Floor sign within seconds of it starting to drizzle outside, but it might be unreasonable for him to wait more than, say, 15 minutes to do so.
We’re going to let you in on an open secret. There’s no if. Anyone facing legal liability for your slip and fall injuries will almost certainly say the accident was your fault. Claiming that an accident was the injured person’s fault is one of the oldest legal-defense moves in the book. Defendants and their insurance companies have good reason to make that argument. Because, under Nevada law, saying you are to blame for falling could get them off the hook for paying damages, that is what property owners almost always say.
The best defense against this argument by a property owner or occupant is to hire an experienced Henderson, Nevada slip and fall attorney to represent you in your slip and fall case. A knowledgeable attorney can investigate the cause of your accident by collecting evidence (such as surveillance/security camera footage) and interviewing witnesses, and then build the strongest possible case for why you deserve maximum compensation. An attorney can also negotiate with defendants and their insurance companies on your behalf to try and achieve a fair and reasonable settlement. And an attorney can take your case to the Nevada courts if necessary to make your case to a judge and jury.
If your slip and fall occurred in a casino or large tourist hotel, take great care in talking to the staff or security. Better yet, don’t say anything to them at all. Contact an attorney instead.
Here’s why. Casinos want to minimize their liability for any accident. They can make sophisticated attempts to make you look more at-fault for a fall than you really are. They might also try to offer you perks, only to later argue that by accepting them you settled or waived any legal claim you might have.
Trust us: a comped room and meal is not adequate compensation for your injuries. Not even close.
At Benson & Bingham, we represent victims of slip and fall accidents and hold property owners accountable. The first consultation with our team is always free of charge. Contact us online or by calling (702) 382-9797.
Benson & Bingham (Henderson Office)
9230 S Eastern Ave #155
Las Vegas, NV 89123