What is the statute of limitations to bring a slip and fall claim in Nevada?

Posted on February 1, 2023

Under NRS 11.190, Nevada’s statute of limitations to bring a slip-and-fall lawsuit is generally two (2) years from the date of the injury. So, for example, if you fell and got injured on January 1, 2023, then you must file your lawsuit no later than January 1, 2025.¹

If you wait too long to file your lawsuit, you will get your claim dismissed for being too stale. The purpose of this time limit is to encourage you to sue quickly before evidence disappears and memories fade.

How do you win a slip and fall case in Nevada?

Most slip-and-fall lawsuits involve the you (plaintiff) suing the property owner (defendant) for negligence on premises liability grounds.  To prevail in these lawsuits, you would have to prove the following elements by a preponderance of the evidence:

1. The defendant owns the premises or is in control of the place where the fall occurred;
2. You were on the premises with the defendant’s consent;
3. A falling hazard exists on the premises;
4. Defendant caused, knew of, or should have known of the slip-and-fall hazard; and
5. The falling hazard caused you to suffer an injury and/or other damages.²

Typical evidence in these cases include any and all of the following:

• Video surveillance footage of the incident (especially if it took place in a store or casino);
• Eyewitness testimony
• Photographs of the aftermath of the incident and what you slipped on
• Medical records
• Samples of the substance you slipped on
• Your shoes

What damages can I get from a slip and fall lawsuit?

When negotiating an accident claim, your Nevada slip and fall attorney will attempt to recover enough compensatory damages to cover all:

• Medical expenses, including hospital stays, clinical visits, telehealth appointments, braces, rehabilitation, medications, and home health care;
• Lost wages from being unable to work while recovering from the injury;
• Loss of future earnings if you can no longer work due to the injury;
• Pain and suffering, which is often the biggest expense

Even if you were partially to blame for the fall, you should be eligible for reduced damages as long as you were no more than 50% at fault. (Learn more about Nevada’s comparative negligence laws – NRS 41.141.)³

Should the case reach trial, you can also ask the court to award punitive damages (NRS 42.005). If the compensatory damages are less than $100,000, punitive damages are capped at $300,000. Otherwise, punitive damages are capped at three times the compensatory damages. The sole purpose of punitive damages is to punish the defendant for the behavior that led to the accident.⁴

How do defendants fight slip and fall claims?

Depending on the circumstances of the case, defendants in slip and fall cases may try to argue the following in order to escape liability:

1. The defendant adequately warned you of the falling hazard, such as by cordoning off the area;
2. The falling hazard was open and obvious, and any reasonable person would have avoided it;
3. Your injuries were caused by your preexisting conditions, not by the fall;
4. You failed to exercise due care on the premises, such as by running too fast, or by texting while walking; and/or
5. An intervening cause unrelated to the defendant caused the injury, such as a third party pushing you.

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