Slip and Fall: The 5 Mistakes
That Can Hurt Your Liability Claim
Las Vegas, Nevada

Liability for slip and fall accident

If you got injured in a slip and fall accident at a hotel, a restaurant, or a gas station, here are the 5 common mistakes that can hurt your liability claim.

1. Not filing an incident report.

You might have difficulty getting injury compensation if the business didn't file an incident report. The insurance company may claim that the accident never happened and refuse to pay the liability claim.

Even if the business had CCTV cameras installed, in Nevada, the companies are not required to keep the CCTV recording forever unless the attorney for the injured person sends them an official letter requesting to protect the evidence.

The business where the accident occurs should file an incident report on the same day. Ideally, this incident report must have:

• A concise description of the accident,
• Date, time, the exact location where the accident happened,
• The description of injuries and damages that resulted from the accidents,
• The names, phone numbers, and addresses of all involved parties,
• The witness's information,
• The pictures of the injuries,
• The property damages.

Not all accidents are the same. Some result in a few bruises that disappear quickly, but some accidents result in severe injuries and require expensive medical treatment and years of rehabilitation therapy.

Not having an adequately filed incident report could damage your case and affect the injury compensation, especially in cases where you were:

• Seriously injured,
• Hospitalized after the accident,
• Missed many days at work,
• Require rehabilitation therapy,
• Not able to perform your old duties at work after the accident, had to be transferred to do another job, or, in some cases, had to learn a new profession.

The incident report protects both the business owner and the injury victim.

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2. Not reporting pain that you are experiencing.

Pain could be the first indicator that you sustained a severe injury. If you are experiencing pain, you must tell the person in charge of the business where your accident happened that you are in pain and at what part of the body you feel pain. The floor manager will document it and write a detailed description of your pain and where it is when filing an incident report to their insurance company.

Not reporting / not documenting the pain the victim experienced may affect the slip and fall injury compensation.

3. Not saving your shoes from the slip and fall accident.

Not only water or oil spills, torn rags, or broken furniture can cause your slip and fall accident. Sometimes your shoes could be a problem too. Some shoe soles don't provide sufficient traction and could cause an accident. In other cases, the shoes don't fit properly and don't provide a fastening system to secure the foot.

In 2020, an orthopedic surgeon sued Nike Inc. for $10 million, saying that her Nike shoes tripped her and caused permanent injury.

In 2014, a boy got injured in an escalator accident because his Crocs shoes got stuck in escalator components.

In 2011-2013, Skechers shoe makers faced several lawsuits from consumers who suffered severe injuries and complications from their toning shoes.

We recommend storing your footwear in a sealed container or plastic bag, and do not wear them until you settle your liability claim or win the lawsuit at trial.

Also, take many pictures of your shoes before storing them.

It takes a long time to settle a lawsuit, and during this time, your shoes could be damaged, lost, or worn again by you or a family member. So, take photos of the entire shoe, including the bottom, right after the accident.

Saving your footwear is very important if you get seriously injured in a slip and fall accident, end up in a hospital, and require lengthy and expensive medical treatment.

4. Not seeking medical care immediately.

Delayed pain after a slip and fall accident is quite common. Often, people don't feel that their injury is significant right after the accident. Only after the accident victims return to their daily routine do they begin feeling the accident's effects (for example, back pain, neck pain, or head pain).

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This is why it's imperative that the medical doctor accurately diagnose your injuries immediately after the slip and fall accident and that you start treatment as quickly as possible. You don't want to discover months later that what you thought was a simple pulled muscle was a torn ligament requiring surgery.

In addition, in Nevada, the insurance company may dispute or even deny your slip and fall claim, saying that your injury was insignificant, which is why you didn't see a doctor.

Refusing medical care after a slip and fall injury can result in further damage, loss of evidence, insurance claim denial, or lower settlement.

5. Not documenting what caused the accident.

Another common mistake is not paying attention and not documenting what caused the slip and fall accident.

Wet and uneven surfaces, loose mats, rugs, and stepladders are common causes of slips, trips, and falls. In addition, poor lighting and clutter can cause injuries such as sprains, strains, bruises, bumps, fractures, scratches, and cuts.

In Nevada, if the business owner was negligent, if the business owner/business manager could prevent your slip and fall accident, the business (or rather their business insurance) is financially responsible for all damages. It includes medical bills (past, present, future), lost wages, pain and suffering, and other damages.

In some cases, more than one party is liable for an accident.

This is why it is important to document the cause of your trip, slip and fall immediately after the accident.

For more information or to discuss your case, call us at 702-432-1000.

We can help

Our law firm handles hundreds of slip and fall accidents every year.

We represent clients in Las Vegas and Nevada.

We work on a contingency basis which means - we do not require payment until you receive compensation for your injury.

For a free consultation, call us at 702-432-1000.

Last updated on February 3, 2024.

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