Understanding how negligence is proven in a slip-and-fall claim is crucial if you hope to get the most out of your settlement. For any personal injury lawsuit to be successful, your legal advocate must be able to show that someone else’s negligent actions are responsible for causing the injuries you sustained. This means the evidence we obtain must be powerfully convincing.
There are often multiple parties who may share liability for your slip and fall accident and subsequent injuries. With help from a top-rated Las Vegas slip and fall lawyer from H&P Law, you can rest easier knowing our investigation will uncover the identities of anyone and everyone who is responsible for causing your accident. Here is more about how to prove negligence in a slip-and-fall claim and the types of evidence that may be most valuable.
The Burden of Proof in a Slip and Fall Claim
When filing a slip and fall lawsuit, proving negligence is crucial. In fact, one of the only ways you may be able to recover compensation after a slip and fall is by proving that someone else is responsible for the injuries you suffered. This can be challenging at first, as you may not know whether another party’s negligence contributed to the accident.
Fortunately, your Las Vegas premises liability lawyer with H&P Law can take a closer look at the specific details of your case to determine whether you have grounds for a claim. The burden of proof and personal injury lawsuits like yours is based on a preponderance of the evidence, as described by Nev. Rev. Stat. §233B.0375. This means if your case goes to trial, the evidence we present must clearly convince the jury that the defendant is more than likely at fault.
What Are the Elements of Negligence?
The elements of negligence must be proven to meet the burden of proof. Under Nevada Jury Instruction 4.2, there are multiple elements of negligence, each serving its own purpose. These include the following:
Duty of Care
Duty of care means the defendant owed you something. Typically, property owners have a duty to their invited guests and paying patrons’ safety. They must ensure the premises are safe for guests at all times.
This is true for both public and private property. Whether you are visiting a coffee shop, post office, grocery store, or a neighbor’s house, property owners have an obligation to notify guests of potential safety hazards and properly mark off dangerous conditions to protect guests.
Breach of Duty
The breach of duty means the property owner or other at-fault party breached their duty of care. For instance, if the property owner failed to place a wet floor sign or hazard tape around dangerous conditions on the property, this would be considered a breach of the duty of care. Anytime properties are not carefully maintained, this could be considered a breach of duty.
Causation
The defendant’s breach of duty must have caused the slip and fall accident or your resulting injuries. We must be able to show that the defendant’s actions were the cause of your injuries or damages. For instance, if you were involved in a car accident caused by a drunk driver, we would need to show that the defendant’s drunkenness was the cause of the accident.
Damages
Damages refer to the various ways your life has been affected by your slip and fall accident. They do not necessarily refer to the injuries you sustained, though these can certainly be included. The greater the impact your injuries have had on your life, the more you can expect to recover in compensation.
It is not only compensation for your injuries you are entitled to. You have the right to be reimbursed for your pain and suffering, mental anguish, loss of enjoyment of life, and other non-economic, intangible losses as well. You should be able to rely on your personal injury lawyer to ensure every single loss is taken into consideration when calculating the value of your slip and fall claim, as well as making sure any legal action is filed within Nevada’s statute of limitations of two years under Nev. Rev. Stat. §11.190(4).
We Need Powerful Evidence to Support Your Slip and Fall Claim
Negligence is proven in a slip-and-fall claim by introducing powerful supporting evidence. Since the burden of proof is based on a preponderance of the evidence, it makes sense that we would need to obtain valuable evidence to prove the defendant’s liability for the slip and fall. Some of the most important types of evidence that could be used to establish culpability include:
Expert Testimony
Expert testimony is incredibly valuable in a slip-and-fall claim. We may need to hire specialists and medical experts to prove not only that the slip and fall occurred but also the severity of your injuries. We may also call on any responding police officers to testify on your behalf at trial.
Records
There are multiple types of records that could help to build your case against the liable party and establish the value of your damages. Obtaining copies of the liable party’s employment records, safety logs, and a record of the complaints you may have previously made can go a long way in proving negligence. We can also ask your healthcare provider to testify on your behalf as to the severity of your injuries and your prognosis and provide the jury with copies of your medical records so they can fully grasp how seriously your injuries have affected your life.
Consult a High-Powered Slip and Fall Attorney for Help Today
Once we have determined who is responsible for causing your slip and fall and have the evidence we need to meet the burden of proof, we can initiate your insurance claim and personal injury lawsuit. We will need to carefully evaluate the various ways your life has been affected by your injuries to determine how much we should demand in compensatory relief. You can trust your dedicated Las Vegas personal injury lawyer from H&P Law to prioritize your best interests and work tirelessly to recover the compensation you deserve.
Proving negligence in a slip-and-fall claim is critical if you hope to maximize your payout and ensure the liable party is brought to justice. Our firm has decades of legal experience and has successfully recovered millions of dollars in damages over the years. Complete our quick contact form or call our office to schedule your free, no-obligation consultation as soon as today.