Slip and Fall Accidents
Las Vegas Premises Liability Lawyer
Slips and falls are among the most common forms of injury-causing accidents related to premises liability laws. When a business or property owner fails to provide safe conditions free from preventable harm, victims who were injured due to the owner's negligence may be eligible to receive monetary compensation through a personal injury claim. While some slips and falls are inevitable or due to simple human error, there are times when unsafe conditions that could have been fixed or blocked off with ample warnings are the primary reason for an accident and injury. Slips and falls that result from premises owner or employee negligence can include:
- Uneven sidewalks or floors
- Crumbling curbs and steps
- Negligent care of publicly owned areas, including potholes
- Insufficient lighting
- Wet floors
- Safety code violations
Slips, trips, and falls have the potential to cause serious and sometimes even catastrophic injuries, depending on the situation. In addition, there are numerous safety regulations and laws that businesses and public venues must adhere to, many of which can vary depending on the type of business or property in question. With the unique nature of slip and fall cases, it is essential that you have an attentive attorney from Shook & Stone evaluate your case to determine how your personal circumstances can affect your claim and potential compensation.
Elements of a Personal Injury Claim
Slip and fall claims are handled within the category of premises liability law. As such, there are a few crucial elements a plaintiff must present in order to establish negligence and gain compensation for the injuries or illnesses they suffered. For premises liability to apply to your slip and fall case, the following must be established:
Defendant must possess the land or premises.
This element can vary depending on the circumstances involved. While land, property, and business owners must be held accountable, some cases may not require ownership. Anyone in a managerial position or in control of premises and safety procedures can be held accountable for negligence. In addition, large corporations and businesses can also be held liable. When this is the case, they often have large resources and legal teams to deflect allegations, which makes getting your own legal representation essential to the success of your case.
Plaintiff must be an invitee or licensee.
Establishing this element is not always simple. While many slip and fall cases occur at businesses or properties that are open to the general public or invitees, they can also apply to licensees. A licensee can be a visitor who is allowed on a property that may not typically be open to the public or who may have been allowed on the property by the owner for any given reason. In slip and fall cases, trespassers are not typically covered by premises liability, but exceptions can be made, especially when a wandering child is involved.
There must be negligence or some wrongful act.
Determining the extent of negligence involved is the most crucial aspect of slip and fall cases. There must be proof that the owner, business, or employees failed to maintain a safe environment. Violations of health and safety codes, lack of warnings, insufficient security, and other failures to maintain or fix unsafe conditions are sufficient grounds for compensation.
How can a personal injury lawyer help?
As slip and fall situations vary from case to case, it is vital to have your case evaluated to determine if all the elements of premises liability are present. In addition, property owners or businesses hire qualified legal teams to defend against personal injury claims and to prevent them from overpaying victims. Having an experienced, knowledgeable, and client-focused attorney from Shook & Stone handle your case can ensure that you have the best chance of receiving the compensation you deserve. Working closely with you, our legal team can conduct investigations into the circumstances involved to determine whether an owner failed to make regular and thorough efforts to keep the property safe and clean, as well as whether these problems have affected other guests and visitors. Once involved, our team also can immediately seek to preserve all relevant evidence. With our solid reputation as being patient and understanding lawyers for our clients and tough litigators when necessary, Shook & Stone can swiftly and intelligently bring your case to a favorable resolution. If you would like to set up a free case evaluation to see what our firm can do for you, contact us as soon as possible after your accident.