Slip and fall liability in Nevada typically rests with property owners, landlords, or businesses responsible for maintaining safe premises. They may be liable if they knew or should have known about a dangerous condition and failed to fix it or warn visitors. Nevada’s comparative negligence law can reduce compensation if the injured person is partially at fault.
Determining fault in slip and fall accidents involves proving the property owner knew or should have known about the hazardous condition that caused your injury. Nevada’s premises liability laws require different levels of care based on your reason for being on the property, with customers and invited guests receiving the highest protection. The key is showing negligence through evidence like surveillance footage, incident reports, and witness statements.
This article explains who can be held responsible for your slip and fall injuries, how Nevada law determines fault, and what evidence you need to build a strong case.
What Is Slip and Fall Liability Under Nevada Law
Slip and fall liability is the legal responsibility someone has when you get hurt because of a dangerous condition on their property. This means if you slip, trip, or fall due to someone else’s negligence, they may have to pay for your injuries.
Nevada uses premises liability law to determine who is at fault in these cases. Property owners must keep their premises reasonably safe for visitors and warn about hazards they can’t immediately fix.
Nevada also follows modified comparative negligence rules. You can still recover money for your injuries even if you were partly to blame, provided you were less than 51% at fault.
Who Can Be at Fault for a Slip and Fall?
Multiple parties can share responsibility for your slip and fall accident. Identifying all negligent parties is crucial for getting full compensation.
Property Owner or Occupier
Property owners have a “duty of care” to maintain safe conditions. They must regularly inspect their property for dangers, fix problems quickly, and warn visitors about hazards they can’t repair right away.
This duty applies whether they own a small business or a large casino. The owner’s responsibility doesn’t end just because they hire others to maintain the property.
Maintenance or Cleaning Company
Third-party contractors like cleaning crews or maintenance companies can be liable if their work creates hazards. If a janitor leaves a floor wet without warning signs or a repair company creates a dangerous condition, they may be responsible for your injuries.
These companies often have their own insurance policies separate from the property owner’s coverage.
Landlord or Tenant in Rental Properties
Liability in rental properties depends on who controls different areas. Landlords typically handle common areas like hallways, stairwells, and parking lots, while tenants manage their rented space.
The lease agreement often spells out these premises liability responsibilities. Sometimes both parties share fault if they both failed to address a known hazard.
Hotel or Casino in Las Vegas
Las Vegas hotels and casinos face higher safety standards because of constant foot traffic and 24/7 operations. They must actively look for and address hazards like:
- Spilled drinks: Casino floors get wet from dropped beverages and need constant monitoring
- Torn carpeting: High-traffic areas wear out quickly and create tripping hazards
- Wet pool areas: Resort pools need proper drainage and slip-resistant surfaces
- Construction zones: Renovation areas must be clearly marked and safely blocked off
Related: What to Do If You Are Injured at a Hotel in Las Vegas
Government Property
Government entities like cities and counties can be liable for accidents on public property. However, special rules apply with much shorter deadlines for filing claims.
Some government actions are protected by sovereign immunity, making these cases more complex than typical premises liability claims.
How Nevada’s Duty of Care Affects Liability
Your legal status when you were injured determines how much care the property owner owed you. Nevada recognizes three types of visitors with different protection levels.
| Visitor Type | Definition | Property Owner’s Duty |
| Invitee | Customer, client, or anyone on property for owner’s benefit | Highest duty – inspect, repair, and warn of all hazards |
| Licensee | Social guest or person with permission for their own purpose | Warn of known, hidden dangers only |
| Trespasser | Unauthorized person on property | Cannot intentionally harm or set traps |
Most slip and fall victims are invitees, which means they deserve the highest level of protection. Store customers, hotel guests, and restaurant patrons all qualify as invitees.
How to Prove the Property Owner Knew or Should Have Known
Winning your case requires proving the property owner had “notice” of the dangerous condition. This is often the hardest part of a slip and fall claim because you must show they were negligent.
Actual Notice and Constructive Notice
Notice comes in two forms, and either one can make the property owner liable.
Actual notice means the owner directly knew about the hazard. Examples include:
- Employee reports: A worker told management about a spill
- Customer complaints: Someone reported a broken step
- Security footage: Cameras show staff walking past a hazard multiple times
- Incident reports: Previous accidents happened in the same spot
Constructive notice means the hazard existed long enough that reasonable inspection should have found it. A puddle sitting on a store floor for two hours gives constructive notice even if no employee actually saw it.
Causation and Medical Proof
You must also prove the hazardous condition directly caused your injuries. Getting immediate medical attention creates an official record linking your fall to your harm.
Don’t delay medical treatment even if you feel okay initially. Some common slip and fall injuries like concussions or internal damage may not show symptoms right away.
Can You Recover if You Are Partly at Fault?
You can often get compensation even if you share some blame for your accident. Nevada’s comparative negligence law lets you recover damages as long as you’re 50% or less responsible.
Your compensation gets reduced by your percentage of fault under Nevada’s modified comparative negligence rules. If you are 20% to blame for a $100,000 injury, you would receive $80,000.
Comparative Fault Examples
Common situations where you might share fault include:
- Distracted walking: Being distracted by your phone while walking can be considered a contributing factor when determining fault in a slip-and-fall case.
- Ignoring warnings: Walking past clearly visible “Wet Floor” signs may be considered partial fault.
- Inappropriate footwear: Wearing high heels on icy surfaces can increase your share of fault in a fall.
- Running or rushing: Moving too fast for conditions could increase your fault percentage
Don’t assume you have no case if you think you contributed to your fall. We’ve helped many clients recover substantial compensation despite sharing some responsibility.
What If the Hazard Is Open and Obvious?
Property owners often claim hazards were so “open and obvious” that you should have seen and avoided them. Nevada law recognizes important exceptions to this open and obvious defense.
Distractions
Legitimate distractions can overcome the open and obvious defense. Las Vegas environments create expected distractions that prevent people from noticing floor hazards:
- Casino atmosphere: Flashing lights, loud sounds, and crowds draw attention away from floors
- Store displays: Promotional signs and product arrangements direct eyes upward
- Emergency situations: Rushing to help someone or respond to an alarm
- Poor lighting: Dim or flickering lights make hazards hard to see
Unavoidable Dangers
You may still have a claim even if a hazard was obvious when you had no reasonable way to avoid it. Examples include:
- Only available path: The hazard blocks the sole route to your destination
- Emergency exits: Fire escape routes with dangerous conditions
- Accessibility requirements: Disabled access areas with poor maintenance
- Required work areas: Employees forced to work around known hazards
Lack of Warning
Even obvious hazards often require proper warnings. A visibly wet floor still needs “Wet Floor” signs to alert distracted visitors.
Property owners can’t rely solely on a hazard being visible, they must take reasonable steps to warn people and prevent accidents.
Common Las Vegas Premises Liability Hazards
Las Vegas properties present unique slip and fall risks due to the city’s tourism industry and 24/7 operations. Our team regularly handles cases involving these local hazards:
- Wet casino floors: Spilled drinks, leaking slot machines, and over-mopped surfaces
- Torn carpeting: High-traffic hotel areas with loose, bunched, or damaged flooring
- Parking lot problems: Cracked pavement, potholes, and inadequate lighting
- Pool deck dangers: Slippery surfaces without proper drainage or anti-slip coating
- Escalator malfunctions: Sudden stops, uneven surfaces, or broken handrails
- Construction hazards: Unmarked elevation changes, debris, or inadequate barriers
The constant activity in Las Vegas means hazards develop quickly and property owners must stay vigilant about safety.
Evidence to Collect After a Fall
The evidence you gather immediately after your fall can make or break your case. Document everything before the scene gets cleaned up or changed.
Photos, Video, and Witnesses
Take pictures and videos with your phone if you’re able. Capture the specific hazard that caused your fall, the surrounding area, and any visible injuries you have.
Get contact information from anyone who saw your accident. Write down their names and phone numbers, not just business cards that might get lost.
Shoes, Clothing, and Incident Reports
Keep the shoes and clothing you wore during the fall in a safe place. They’re physical evidence that might show substances from the floor or damage patterns from your fall.
Always report your accident to a manager or security guard. Request a copy of the incident report they create and review it for accuracy before signing.
Preservation Letters for Surveillance
Most businesses have security cameras, but they often delete footage within days or weeks. We immediately send legal preservation letters demanding they save any video evidence of your accident.
Acting quickly is crucial because once surveillance footage gets deleted, it’s gone forever and can’t help prove your case.
What Damages Can You Recover
Nevada law allows you to seek compensation for various types of damages caused by slip and fall accidents. The amount depends on the severity of your injuries and their impact on your life, which determines how much your case is worth.
Medical Bills
You can recover all medical costs related to your fall including emergency room visits, hospital stays, surgery, physical therapy, and future treatments.
Keep all medical records and bills organized. Even small expenses like prescription medications and medical equipment add up over time.
Lost Income and Earning Capacity
Compensation covers wages lost while you couldn’t work due to your injuries. If your injuries prevent you from returning to your job or limit your future earning ability, you can seek money for that loss too.
This includes both immediate lost wages and long-term career impacts from permanent disabilities, which significantly affect slip and fall settlements.
Pain and Suffering
This compensates you for physical pain, emotional distress, and loss of enjoyment of life caused by your injuries. Nevada doesn’t cap these damages in most personal injury cases.
Pain and suffering awards consider factors like the severity of your injuries, length of recovery, and how the accident changed your daily life.
Wrongful Death
If a slip and fall accident results in death, the victim’s family can file a wrongful death claim. This helps cover funeral expenses, lost financial support, and the loss of companionship.
Wrongful death cases have their own special rules and shorter deadlines that require immediate legal attention.
How Long Do You Have to File in Nevada
Nevada gives you two years from your accident date to file a personal injury lawsuit. This deadline, called the statute of limitations, is strict, miss it and you lose your right to compensation forever.
Several exceptions can change this timeline:
- Discovery rule: If injuries aren’t immediately apparent, the clock may not start until you discover them
- Minor victims: Children typically get until age 18 plus two years to file
- Government claims: Claims against government entities have much shorter deadlines, often just six months.
Don’t wait to contact an attorney. Evidence disappears, witnesses forget details, and surveillance footage gets deleted as time passes.
What to Do After a Slip and Fall
Your actions immediately after a fall protect both your health and legal rights. Understanding what to do after a slip and fall accident helps strengthen any potential claim.
Ensure Safety and Medical Care
Get medical attention right away, even if you think your injuries are minor. Some serious conditions like concussions or internal injuries don’t show immediate symptoms.
Adrenaline from the accident can mask pain and make injuries seem less severe than they really are.
Report the Incident and Document
Take these important steps while you’re still at the scene:
- Notify management: Tell the property manager, owner, or security guard immediately
- Request incident report: Ask for a copy and review it for accuracy
- Take photos: Document the hazard before anyone cleans it up
- Save evidence: Keep your shoes and clothing from the accident
Avoid Recorded Statements and Admissions
Never give recorded statements to insurance companies without talking to an attorney first. Insurance adjusters use these statements to minimize or deny claims.
Don’t admit fault or say things like “I’m okay” or “I should have been more careful.” These statements can hurt your case even if you were just being polite.
Contact Ladah Injury & Car Accident Lawyers Las Vegas for a Free Case Review
You need experienced attorneys who understand how to hold negligent property owners accountable. As former insurance defense attorneys, we know the tactics they use to avoid paying claims and use that insider knowledge to build stronger cases for our clients.
Our firm has helped many injured clients and is ready to fight for the compensation you deserve. Our team works on a contingency fee basis, soyou pay nothing until we win your case.
We’re available 24/7 to answer your questions and provide the support you need during this difficult time. Call us today for a free consultation where we’ll listen to your story, explain your rights, and immediately take action to preserve crucial evidence like surveillance footage.
Don’t let insurance companies take advantage of you. Contact us now to protect your rights and start building the strongest possible case for your recovery.
Frequently Asked Questions
Do I Have a Case if the Hazard Was Visible?
Yes, you may still have a valid claim even if the hazard was visible. Property owners can still be liable if they failed to provide adequate warnings or if you were reasonably distracted by the environment.
Can I Recover if I Was Partly at Fault?
Under Nevada’s comparative negligence law, you can recover damages as long as you are 50% or less responsible for the accident. Your compensation will be reduced by your percentage of fault.
How Quickly Should I Request Surveillance Video?
You should act immediately because most businesses automatically delete surveillance footage within days or weeks. An attorney can send legal preservation letters to ensure this crucial evidence gets saved.
Should I Sign an Incident Report or Give a Recorded Statement?
You can sign an incident report after carefully reviewing it for accuracy, but never give recorded statements to insurance adjusters without consulting an attorney first. These statements are often used to deny or minimize claims.
What if I Didn’t Report the Fall Immediately?
While immediate reporting is best, you may still have a claim if you have valid reasons for the delay. Emergency medical care or being unconscious are acceptable explanations for delayed reporting.
I’m a Tourist. Can You Handle My Case While I Return Home?
Yes, we frequently represent out-of-state visitors injured in Las Vegas. We can handle all aspects of your case remotely, allowing you to focus on recovery at home while we fight for your compensation.
Should I Keep My Shoes and Clothes from the Accident?
Yes, preserve all clothing and shoes you wore during the fall as they may contain important evidence. They might show substances from the floor or damage patterns that help prove how the accident happened.
Who Pays My Medical Bills While My Case Is Pending?
Your health insurance typically covers initial treatment costs. We can also arrange treatment with medical providers who agree to wait for payment from your eventual settlement or verdict.