Las Vegas Slip and Fall Lawyers

Before you can recover compensation for a slip and fall accident, you or your attorney will have to prove the defendant’s fault.

Generally, this means proving his or her negligence. Negligence is a legal doctrine that describes a person or party’s failure to meet the appropriate standards of care. Negligence in a slip and fall claim refers to a property owner or maintenance person failing to check a premises for hazards or ignoring a known defect.

The burden of proof in a slip and fall claim rests with you, the injured victim. It isn’t uncommon for property managers and their insurance companies to argue that fall victims are partially or completely at fault for slip and fall accidents.

Your Las Vegas slip and fall lawyer must establish the defendant’s negligence in causing or contributing to your accident using clear and convincing evidence. A slip and fall lawsuit, like all premises liability cases in California, requires proof that five main elements are more likely to be true than not true to succeed:

1. The defendant had ownership or control over the property during the time of the accident.
2. The defendant had knowledge or should have been aware of the hazardous condition.
3. The defendant did not take appropriate action to address or inform visitors about the hazardous situation.
4. The victim sustained injuries due to a dangerous condition(s).
5. The victim experienced financial losses that are eligible for compensation.

Typically, proving the second element can be challenging. It requires you or your lawyer to provide evidence demonstrating that the property owner or possessor was responsible for creating the hazardous situation, had knowledge of its existence, or that the condition had persisted for a sufficient duration that a reasonable person would have noticed it.

Evidence needed may include surveillance footage, photographs, accident reports, complaints, logs, and witness or expert testimony.