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, 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:
The defendant owns the premises or is in control of the place where the fall occurred;
You were 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 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);
Photographs of the aftermath of the incident and what you slipped on
Samples of the substance you slipped on
What damages can I get from a slip and fall lawsuit?
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:
The defendant adequately warned you 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;
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.