Slip and fall accidents can result in very severe injuries. There are several different parties that could be potentially liable for slip and fall accidents. This includes parties such as landowners, apartment complex management, restaurants, retailers, etc. It is very important to seek the compensation you deserve against the at-fault party after a slip and fall accident. Our attorneys have decades of experience representing slip and fall accident victims. Contact our attorneys today for a free no-risk consultation. During this consultation, we will review your claim, and the different steps we can take to get the supporting evidence.
Successful slip and fall cases require strong supporting evidence. Our personal injury attorneys are on your side every step of the way and will work to make sure you received maximum compensation for your injuries. Having an experienced slip and fall attorney could make or break your entire case. An experienced attorney will know how to navigate through the legal process of a slip-and-fall claim.
It is important that you file a slip and fall accident case right away. Each state has a time limitation that limits when a plaintiff could file a lawsuit. This is referred to as the legal theory of statute of limitations. If someone were to file a claim after the statute of limitations time period has run, they could have their case dismissed. A person loses their right to file a lawsuit against a potential defendant if they file the lawsuit after the statute of limitations time has run.
You should hire an experienced attorney that is well-versed with the laws of your state. Our attorneys have decades of experience representing slip and fall victims in California and Nevada. We are well versed in both California and Nevada statute of limitations laws.
California Statute of Limitations on Slip and Fall
The California Code of Civil Procedure states that a plaintiff has exactly two years from the date of the injury to file the legal claim. This does not necessarily mean that the entire legal must be determined within two years. The time to file a lawsuit essentially starts taking the minute the injury has occurred. However, there are some exceptions to the statute of limitations rule.
If you were to file a claim against a government entity, you have less than two years to bring the claim. For example, if you were involved in a slip and fall accident on the government’s property, you have a claim against the government for your slip and fall injuries sustained. The government entity that could be liable includes parks, schools, and official buildings such as the city hall. A claim against the government must be brought within 6 months of the injury. The 6 months could pass by really fast, that is why it is important to retain an attorney immediately to determine if your defendant is potentially a government entity.
There are some ways to go around the statute of limitations exceptions if you have not brought your case within that specific time limit. For example, there is the “discovery harm rule” that states that you were unable to discover the injury until two months had passed by. This is at no fault of your own. The discovery harm rule states that the clock does not essentially start ticking until the plaintiff discovers or should easily discover the injuries sustained. To determine when you must file a claim, contact our slip and fall attorneys immediately.
California Code of Civil procedure 335.1
The Time of Commencing Actions Other Than for the Recovery of Real Property
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
Nevada Statute of Limitations on Slip and Fall
Nevada statute of limitations states that a slip-and-fall lawsuit should also be brought within 2 years from the date of injury. This is stated under the Nevada revised statute 11.190.
Nevada Statutes of Limitations
- Property damage: 3 years
- Wrongful-death: 2 years
- Defamation: 2 years
- Products liability: 4 years
- Construction defects: 6 years
- Breach of written contract: 6 years
- Breach of oral contract: 4 years
What are the elements you need to prove in a slip-and-fall lawsuit in Nevada?
Nevada required that certain elements must be met in order to bring a successful lawsuit against the defendant. In order to prevail against the defendant in a slip and fall accident, the plaintiff must show:
- The defendant owns or controls the premises where the slip and fall accident occurred
- The plaintiff was not trespassing on the defendant’s property when the slip-and-fall occurred
- There was a hazard that existed on the property
- Defendant caused, knew of, or should have known of the hazard
- The hazard cause plaintiff to suffer injury
- Plaintiff now suffers damages (Damages could include medical bills, lost wages, and emotional distress)
Examples of evidence that could strengthen a slip-and-fall claim
Our slip and fall attorneys get started on gathering evidence immediately. Different types of evidence that could help in your slip and fall claim include:
- Testimony from witnesses
- Medical records stating the injuries suffered
- Photos of the scene
- Video surveillance of the slip and fall
- Photographs of the plaintiff’s injuries
- The condition of the plaintiff’s shoes
Do Not Wait
It is important that you do not wait too long to bring a slip-and-fall claim against the defendant. You may have a very strong claim against the defendant, but if you don’t file within the statutory limit, you may lose the entire case forever.
What are defenses that could be raised in a slip and fall claim?
It is important to hire an experienced slip-and-fall attorney in order to pursue your claim. An experienced slip-and-fall attorney will prepare evidence in order to rebut the defendant’s potential defenses. Possible defenses that the defendant could raise include:
- Plaintiff has brought the claim after the statute of limitations time has passed
- There was a superseding intervening cause beyond the defendant’s control
- The plaintiff failed to exercise due care
- The plaintiff is liable for his own injuries
- The hazard was open and obvious
- Plaintiff assumed the risk of the hazard
- Defendant did not breach their standard of care because they adequately disclosed the hazard to the plaintiff
Find Experienced Slip and Fall Attorneys at Heidari Law Group
Our slip and fall attorneys are on standby to make sure that your claim is properly followed through. Our attorneys will take care of the legal hassles while you focus on healing from your slip and fall injuries. We have clients from all over California and Nevada, and we are available 24/7 via phone or email. Our aggressive attorneys are not afraid to take the cases to trial if the opposing party fails to settle.
Contact one of our firms in California or Nevada for a free consultation today.
***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law