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What are the elements of a slip-and-fall claim?

On Behalf of | Jul 19, 2018 | Personal Injury, Premises Liability |

Slip-and-fall cases fall under the category of premises liability law and, in Nevada, these lawsuits are considered personal injury cases. Whether a tourist trips over a rug in a fancy hotel on the Strip or a neighbor slips on a wet pathway on a person’s property, a slip and fall can be a significant event that can cause serious and long-term injuries.

Slip-and-fall cases are similar to other personal injury cases because the injured party generally must show that their harm was caused by the party they have elected to sue. First, they may have to show that the responsible party owed them a duty of care and that party failed in their duty. For example, if a resort guest suffered a fall while walking down the hall to their room, they may claim that the resort owed them a duty of care as a guest of their facility.

An injured party may have to show that the responsible party knew or should have known that the danger existed. With the resort example, the injured party may claim that any number of hotel staff would have seen the tear upon walking the hallway, such as housekeepers or maintenance workers, or that other guests could have informed them of the tear. One of the final elements that a party must prove in a slip-and-fall case is that they were actually harmed by the other’s lack of repair of the danger.

This post does not provide legal advice and any reader who has suffered a slip-and-fall injury is encouraged to seek legal help. Compensation may be available to them for the losses they suffered in their ordeals.