What is the statute of limitations to bring a slip and fall claim in Nevada?
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 if a person falls and is injured on January 1, 2021, that person has until January 1, 2023, to file suit.
Victims who wait too long to file their lawsuit will get their claim dismissed for being too stale. The purpose of this time limit is to encourage victims 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 plaintiff (victim) suing the property owner (defendant) for negligence on premises liability grounds. To prevail in these lawsuits, the plaintiff would have to prove the following elements by a preponderance of the evidence:
The defendant owns the premises or is in control of the place where the fall occurred;
The plaintiff was on the premises with the defendant’s consent;
A falling hazard exists on the premises;
Defendant caused, knew of, or should have known of the slip-and-fall hazard; and
The falling hazard caused the plaintiff to suffer an injury and/or other damages.1
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);
Photographs of the aftermath of the incident and what the plaintiff slipped on
Samples of the substance the plaintiff slipped on
The plaintiff’s shoes
What damages can I get from a slip and fall lawsuit?
Should the case reach trial, the plaintiff 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.
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:
The defendant adequately warned the plaintiff of the falling hazard, such as by cordoning off the area;
The falling hazard was open and obvious, and any reasonable person would have avoided it;
The plaintiff failed to exercise due care on the premises, such as by running too fast, or by texting while walking; and/or
An intervening cause unrelated to the defendant caused the injury, such as a third party pushing the plaintiff.
About the Author
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Slip-and-fall accidents are common in Nevada, particularly in hotel casinos, grocery stores, and parking lots. Victims of a slip-and-fall accident in Nevada should take these five steps to file a personal injury claim: Do not admit fault or say you are uninjured. Seek medical care. Document what happened. Gather evidence. Contact a Las Vegas personal ...
Nevada slip-and-fall accident victims may be able to sue the following parties for negligence: the staff member(s) whose negligence caused the slippery surface, the company that owns the nightclub, and/or the club patron whose negligence caused the slippery surface (if applicable) Slip-and-fall victims may be able to recover compensatory damages for medical bills, lost wages, ...
Las Vegas hotels may be sued for negligence when patrons slip-and-fall on their wet or slippery floors. This could lead to a settlement where the hotel pays for all of the plaintiff’s medical expenses, lost wages, and pain and suffering. Even if the plaintiff was partially to blame – such as by running – the ...