What Constitutes a Slip and Fall Accident?

Erik • March 15, 2017
A person 's foot is slipping on a banana peel

A slip and fall accident is a term that is often used by a lawyer when filing for a personal injury case. An accident of this nature occurs when an individual falls on someone else’s property. The property owner can be held legally responsible for accidents incurred on their grounds.

There are many things that can contribute to a slip and fall accident. For instance, carpeting with tears or rips, unleveled flooring, poor lightening, narrow stairs, or a floor covered in water, are just a few of the risks. If someone trips on a broken or cracked public sidewalk, falls down some stairs, or slips because of rain, snow, or ice, then it can also be considered a slip and fall accident. In order to file a claim, the plaintiff must have sustained injuries to be able to collect compensation.

The Burden of Proof in Slip and Fall Cases
It is hard to prove fault when it comes to slip and trip accidents. For instance, the court wants proof that the property owner did not take adequate precautions to avoid such an incident. They will evaluate your actions, at the time, as well as the weather and other important factors. The burden of proof is on the plaintiff. They want to see that a dangerous condition was present that caused the accident. It must be a situation that was not anticipated under any normal circumstances. The court expects people to be aware of and try to avoid any obvious dangers.

To establish that the owner of the property knew of this dangerous situation, then the plaintiff’s legal team must prove that the owner created the condition, knew about it, and did nothing to correct it; or the condition has been there for a great deal of time. For the court to hold the property owner liable, they need to see that their negligence would have created a foreseeable danger. Remember, accidents happen all the time due to careless actions. There is not always someone to blame for simple trips and slips.

Dealing with Commercial Property Accidents
Many times, slip and fall accidents occur at a commercial facility. For instance, grocery stores often have spills or wet floors that are common hazards for falling. Other common facilities with dangerous hazards are restaurants, fun centers, malls, and department stores. To prove that the owner of the store was negligent, you must be able to show that there was a spill, torn spot on the floor, or a dangerous surface that left you with little control.

The owner must have known about the surface and did nothing about it. Additionally, would a reasonable person taking care of the grounds discover and fix the item during routine maintenance? Store owners cannot help that someone dropped a jar of pickles and it spilled juice all over the floor. Once they become aware of it, they are then liable for the damages caused by not cleaning it up.

Government Property Accidents
If slip or fall injury happens on property owned by the state or federal government, then there are special rules that apply. Immunity provisions are broadened by stringent notice requirements. These provisions sometimes shield the government from liability for the injuries. However, they can still be held liable for many dangerous situations. It is best to have an attorney review the accident and see if it is exempt from the provisions.

Get a Free Slip and Fall Claim Review
Those that have been injured in a slip and fall accident should consider filing a legal claim. Call (702) 848-6903 to discuss how attorney Erik Ahlander can help. He will review your claim and get the paperwork filed. The law limits how much time you have to file a claim, so call to evaluate the merits of your case today!

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Dog bite incidents can be traumatic and leave both physical and emotional scars. If you or a loved one has been bitten by a dog in Nevada, understanding how to prove liability is crucial for seeking compensation and protecting your rights. At Ahlander Injury Law , we are committed to helping victims navigate the legal complexities of dog bite cases. This blog explores how liability is determined, the laws governing dog bites in Nevada, the importance of evidence, animal behavior considerations, preventive measures, and steps victims can take to secure their legal rights. Nevada Dog Bite Laws: What You Need to Know Nevada does not have a specific statewide “dog bite statute.” Instead, liability for dog bites is generally governed by principles of negligence and common law. Unlike some states that impose “strict liability,” Nevada often requires the victim to prove that the dog owner was negligent or aware of their pet’s dangerous tendencies. However, certain city and county ordinances may impose additional responsibilities on dog owners. For instance, Clark County Code requires owners to keep their dogs under restraint and take reasonable precautions to prevent attacks. Failure to comply with these local regulations can be used as evidence of negligence in civil cases. Understanding Negligence and the “One Bite” Rule Nevada’s approach to dog bite liability is often referred to as the “one bite” rule. This means that if a dog has previously bitten someone or shown aggressive behavior, the owner is expected to know the dog poses a danger. If another bite occurs, the owner can be held liable for not taking appropriate measures to prevent it. Negligence can be proven if the owner failed to: Leash or confine the dog in public areas Warn others of the dog’s dangerous propensities Abide by local animal control ordinances Establishing negligence or knowledge of dangerous behavior is essential for a strong legal claim. The Role of Evidence in Dog Bite Cases Evidence is the foundation of any successful dog bite liability claim. If you are a victim, gathering and preserving the following is vital: Medical records documenting the injuries Photographs of wounds and the scene Witness statements Animal control or police reports Veterinary records showing the dog’s history These materials can help prove the severity of the attack, the circumstances leading up to it, and the dog’s behavioral history. For example, a report from Las Vegas Animal Control could demonstrate prior complaints or incidents involving the same dog. Historical Behavior and Aggression: The Legal Impact A dog’s previous behavior plays a significant role in determining liability. If the animal has a documented history of aggression, courts are more likely to find the owner liable for subsequent bites. This includes previous attacks, threats, or even aggressive posturing toward people or other animals. Over 4.5 million people are bitten by dogs annually in the U.S., with many involving dogs with prior aggressive incidents. Documented history is often a turning point in legal proceedings. If you have access to animal control records or neighborhood complaints about the dog, these can be powerful evidence in establishing the owner’s knowledge of the risk. Preventive Measures for Dog Owners While this blog focuses on victims, it’s important to note that responsible dog ownership can prevent many incidents. Owners should: Properly socialize and train their pets Obey all local leash and restraint laws Regularly inspect fencing and confinement areas Warn visitors and neighbors if their dog has displayed aggression Taking these steps protects the public and shields owners from potential liability. For more guidance, visit our Dog Bite Injury page or Dog Bite Prevention resources. What Dog Bite Victims Should Do If you are bitten, your actions immediately after the incident can heavily influence your ability to prove liability and obtain compensation. See what victims should prioritize: Seek Medical Attention Immediately: Not only is this crucial for your health, but prompt treatment also generates valuable medical documentation for your case. Report the Incident: Contact local animal control or law enforcement to file an official report. This creates an official record vital for legal claims. Document Everything: Take photos of your injuries, the location, and the dog if possible. Collect contact information from any witnesses. Consult With a Nevada Personal Injury Lawyer: Navigating Nevada’s nuanced dog bite laws can be challenging. A qualified attorney can evaluate your case, help gather evidence, and advocate on your behalf. For a confidential consultation, schedule a consultation with a Nevada lawyer at Ahlander Injury Law. Our team is dedicated to helping victims protect their legal rights and pursue fair compensation. Protecting Your Rights in a Dog Bite Case If you or someone you know has suffered from a dog bite, don’t wait to get help. Schedule a consultation with a Nevada lawyer at Ahlander Injury Law today and take the first step toward healing and justice. For more information on dog bite cases, personal injury claims, and your legal rights, visit our blog or contact our office directly.
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