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

Posted on May 31, 2021

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:

1. The defendant owns the premises or is in control of the place where the fall occurred;
2. The plaintiff was 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 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);
• Eyewitness testimony
• Photographs of the aftermath of the incident and what the plaintiff slipped on
• Medical records
• Samples of the substance the plaintiff slipped on
• The plaintiff’s shoes

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

When negotiating an accident claim, the plaintiff’s 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 the plaintiff can no longer work due to the injury;
• Pain and suffering, which is often the biggest expense

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

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:

1. The defendant adequately warned the plaintiff 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. The plaintiff’s injuries were caused by his/her preexisting conditions, not by the fall;
4. The plaintiff 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 the plaintiff.

About the Author

Neil Shouse

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.