A slip and fall accident may lead to a serious injury or loss of life. The CDC reports that one out of every five falls results in a serious injury. Over 800,000 patients are hospitalized from a fall injury each year. In fact, falls are the leading cause of traumatic brain injuries in the USA. If you or a loved one has been seriously injured in a slip and fall on another’s property, a Las Vegas slip and fall lawyer from J. Cogburn Law should meet with you to discuss filing legal action. As experienced trial lawyers with an extensive record of success, we are driven by our passion for justice and fair play.
Slip & Fall Injury Cases
We do all we can to make the process easy for our clients; our injury cases are represented on a contingency basis, with no legal fees owing unless we are successful. We do not advise accepting an unfairly low settlement offer if taking a case to court may be more effective and produce a superior outcome.
Who Is Liable in Slip and Fall Claims?
Identifying the liable, or at-fault party is one of the first steps toward recovery in a slip and fall accident claim. The liable party will be the one that negligently failed to prevent your accident, or that contributed to your fall. If you are unsure of the identity of the liable party, work with a lawyer for assistance. A law firm can revisit the scene of your fall to collect evidence against one or more defendants.
If you slipped and fell on public property, the city of Las Vegas may be responsible for paying your damages. The city or state government owns the public property, including public streets like the Strip. It is the government’s responsibility to reasonably maintain public properties. Failure to do so is negligence. Filing a claim against the government in Nevada comes with special rules, such as a shorter statute of limitations.
A commercial corporation.
A slip and fall accident at a business could point to commercial liability. If you fell while at a mall, grocery store, hotel, or casino, the business owner or corporation may be the defendant in your premises liability claim. Always hire a lawyer to even the playing field between you and a large corporation during a slip and fall case.
A private property owner.
Slip and fall accidents on residential properties may involve private owners as defendants. Private owners still owe duties of care to their visitors – even friends and family members they invite over. A fall on private property may lead to a claim against the individual owner or his or her homeowners’ association.
The liable party in your accident case will depend on who owed you a duty of care, and who breached this duty. Working with a lawyer from J. Cogburn Law is a simple way to answer the liability question. We can investigate your accident and help you assign fault.
How Do You Prove Fault in Slip and Fall Cases?
To obtain financial compensation as the victim of a slip and fall accident in Las Vegas, you or your premise liability lawyer must prove the defendant’s fault. Proving fault takes a preponderance of the evidence according to the rules of the civil courts, or evidence that convinces the judge or jury of the probable truth and accuracy of the defendant’s fault. The burden of proof falls on the plaintiff in a slip and fall claim. With a lawyer’s help, however, you can gather evidence and build your case against the property owner responsible for your accident.
Proof of duty of care.
The defendant must have owed you a duty of care. All property owners owe visitors specific duties based on their category. Property owners owe invitees the highest duties of care: to repair known hazards, search for unknown ones, and warn of potential hazards.
Breach of duty.
Your lawyer will need to collect proof of a breach of duty, such as a negligent failure to inspect a property for slip and fall hazards. Evidence of a breach may include surveillance footage, maintenance reports, or eyewitness statements.
There must be a connection between the defendant’s breach of duty and your slip and fall accident. For example, if the business owner negligently ignored a leaky pipe and you slipped on the wet floor in the bathroom and broke your wrist because of the leak, the business owner would be responsible for causing your fall.
These are the three main elements required to prove a slip and fall claim in Las Vegas. Your lawyer must also establish that you suffered real damages in the accident. Real damages are those the courts will compensate. Economic and non-economic damages will qualify, as long as you suffered them in your slip and fall.
What Types of Damages Can I Recover for My Injuries in a Slip and Fall Accident?
If the property owner, agent, or employee failed to act in a reasonably prudent manner to resolve a hazard, that party may have been guilty of negligence. This negligence gives you the right to pursue monetary damages for your injuries. In determining the value of a slip and fall injury case, the following points must be reviewed:
- The costs of medical care, current, and future
- Costs of skilled nursing care
- Lost wages
- Lost earning capacity
- Rehabilitation costs
- Loss of quality of life
- Pain and suffering
- Other damages – based upon the facts
What are the Most Common Slip and Fall Accident Claims in Las Vegas?
Traumatic Brain Injury and Slip and Fall Cases
A TBI is caused by a violent blow to the head. These injuries can lead to a wide range of physical and cognitive injuries, including but not limited to:
The person is rendered unable to respond to stimulus, and may at some future point become conscious, often facing life ahead with permanent impairments.
The person who had a slip and fall injury may be in a vegetative state in which he or she is completely unaware of the surroundings but may move, make sounds, or have a physical response to certain stimuli.
The brain and brain stem no longer show any measurable activity, considered an irreversible condition.
Slip and Fall Fractures
In many cases, a slip and fall accident results in serious bone fractures, many of which will impact the quality of life of the victim for years or a lifetime. CDC statistics reveal 95% of hip fractures are the result of a fall. Recovery from these injuries can be difficult, often involving several surgeries and a long and painful recovery. Full range of motion may never be fully restored; these factors play an important role in the number of damages that will be pursued in court or a negotiated settlement.
Back and Spinal Cord Injuries
The back or spine can be seriously damaged in a slip and fall accident. If the spinal cord is compressed in a fall, the nerves can be damaged, leading to paralysis, either quadriplegia or paraplegia. These injuries impact every aspect of life, and the compensation for damages must reflect the long-term effect on the individual in employment, quality of life, and pain and suffering.
A slip-and-fall accident may leave an innocent person with a long, painful recovery and permanent impairments. A brain injury or shattered bone will affect every aspect of life, from the personal to the ability to earn a living.
Are There Exceptions To Premises Liability Cases?
Yes. In Nevada, the open and obvious defense is an exception to the premise of liability’s general rule. This defense states that if the dangerous condition was open and obvious to a reasonable person, then the landowner can’t be held liable for failing to fix the dangerous condition or warning the injured person. You can learn more about that here.
Las Vegas Slip And Fall Lawyer
When we represent an injured person or the family in a slip and fall case, our goal is to recover full and fair compensation for all damages. As experienced trial lawyers, we may advise proceeding to court to pursue compensation. We take our responsibility to our clients seriously. Our duty is to serve with professionalism, kindness, and compassion at every step of the legal process, and beyond.
If you or a family member was seriously injured in an accident, call a slip and fall lawyer at J. Cogburn Law today for a free case consultation. You risk nothing when you hire us. Call now at (727) 747-6000.