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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.
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:
Typical evidence in these cases include any and all of the following:
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
Depending on the circumstances of the case, defendants in slip and fall cases may try to argue the following in order to escape liability:
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.