What Constitutes Property Owner Negligence In A Slip-And-Fall Case
In Nevada, an owner or occupant of property is not automatically responsible for all injuries resulting from an accident on the premises. To be liable, the injured party must show the harm was a result of the defendant’s negligence (i.e., establish 1. the existence of a duty of care by the defendant, 2. breach of that duty, 3. causation, and 4. damages). The landowner or occupier’s duty is to use reasonable care to keep the premises in a reasonably safe condition, and to warn of hidden dangers that are known, or that in the exercise of reasonable care should be known.
When A Business Can Be Held Liable For An On-Premises Injury
Since a foreign substance on the floor is not typically consistent with the standard of reasonable care, businesses are generally liable if a patron can show an employee caused it to be on the floor. However, where the foreign substance is the result of the actions of persons other than the business or its employees, the injured person must usually show the business had either actual or constructive notice of the condition and failed to take care of it. However, the business can be liable for injuries caused by nonemployees, even without any notice, if the injury occurs in a self-service operation (e.g., produce section of a supermarket), the mode of operation makes it reasonably foreseeable that a dangerous condition will occur, and the owner or proprietor fails to take all reasonable precautions necessary to protect customers from these conditions.
Even if a danger is open and obvious, reasonable care may require remedying the danger if, for example, nearby displays are distracting and the landowner has reason to suspect that the customer will proceed despite the danger. As in all negligence actions, the injured person’s own actions and whether he or she failed to exercise reasonable self-protection in encountering the danger are considered in assigning comparative negligence when awarding damages.
Contact The Slip-And-Fall Injury Firm Of Behzadi Law
Having worked for insurance companies in defending slip-and-fall suits against businesses in the past, I know exactly what to look for to hold them responsible for their negligence. If you suffered an injury due to unsafe conditions on someone else’s property, they may be liable to pay your medical expenses, pain and suffering, wage loss and other damages. For a free initial consultation to discuss your injuries, call 702-984-7731 or fill out my online contact form.