Why Are Slip and Fall Cases Hard to Win?

Slip and fall cases represent some of the most challenging personal injury claims to win in court. Many people assume these cases are straightforward, but the reality is quite different. Understanding why these cases are difficult can help you better prepare if you ever find yourself injured in such an incident.

Proving Someone Else Was at Fault

The biggest challenge in slip and fall cases is proving that the property owner was negligent. You must show that the property owner knew about the dangerous condition or should have known about it. This is much harder than it sounds.

For example, if you slip on a wet floor at the Bellagio Hotel & Casino, located on the corner of W Flamingo Rd and S Las Vegas Blvd, you would need to prove that hotel staff knew the floor was wet and dangerous. Simply showing that you fell is not enough. The law requires evidence that the property owner failed to take reasonable steps to fix the problem or warn visitors about it.

Burden of Proof Falls on the Injured Person

In slip and fall cases, the injured person must prove their case. This means gathering evidence, finding witnesses, and showing exactly what happened. Property owners do not have to prove they were careful. Instead, you must prove they were careless.

This burden of proof makes these cases particularly difficult. Many accidents happen quickly with few witnesses around. Security cameras might not capture the incident clearly. Physical evidence like wet spots or broken stairs might be cleaned up or repaired before you can document them.

Comparative Negligence Can Reduce Your Compensation

Nevada follows a comparative negligence rule. This means that if you were partially at fault for your accident, your compensation gets reduced by your percentage of fault. Insurance companies and property owners often argue that the injured person was not paying attention or was wearing inappropriate shoes.

Even if you win your case, you might receive less money than expected. If a court decides you were 30% responsible for your fall, your compensation drops by 30%. This rule makes it crucial to prove that you were being reasonably careful when the accident occurred.

Insurance Companies Fight These Claims Aggressively

Property owners typically have insurance coverage for slip and fall accidents. Insurance companies employ experienced lawyers and investigators who know how to challenge these claims. They look for any reason to deny or reduce payments.

These companies often send investigators to accident scenes within hours. They interview witnesses and take photographs before injured people can do the same. They also review social media accounts looking for posts that might contradict injury claims.

Medical Evidence Must Be Strong

Winning a slip and fall case requires solid medical evidence linking your injuries to the accident. Some injuries like bruises heal quickly and leave little evidence. Other injuries might not show symptoms immediately, making it harder to connect them to your fall.

Doctors must clearly state that your injuries resulted from the accident. If you had previous injuries or medical conditions, insurance companies will argue that your current problems existed before the fall.

Time Limits Make Evidence Collection Difficult

Nevada law gives you two years to file a slip and fall lawsuit. While this might seem like plenty of time, evidence disappears quickly. Witnesses forget details or move away. Video footage gets deleted. Physical conditions that caused the accident get repaired.

The sooner you begin investigating your case, the better your chances of success. Waiting even a few weeks can significantly hurt your ability to gather crucial evidence.

Property Owners Have Legal Protections

The law does not require property owners to keep their premises completely safe at all times. They only need to maintain them reasonably well and fix known problems within a reasonable time. This standard gives property owners some protection against lawsuits.

Courts also recognize that some accidents simply happen without anyone being at fault. Proving that a property owner failed to meet their legal duty requires specific evidence about what they knew and when they knew it.

Getting the Help You Need

Slip and fall cases require careful investigation and strong legal strategy. The challenges involved make it essential to work with experienced injury attorneys who understand how to build winning cases.