Tens of thousands of people are killed across the United States every year by injuries that they suffer in falls. While some of these people have this happen to them in their own homes, many others suffer this terrible fate while on the property of someone else. People who are injured in slip and fall accidents do have legal rights that include pursuing a recovery of damages from those who were supposed to make sure that their property was safe, but there is much more involved with this process than simply sending a demand letter and cashing a check.
Premises liability law is complicated, and it involves the application of several different standards and statuses to the facts that relate to any slip and fall situation. Below you will find a brief overview of one of the standards that must be analyzed – that which applies to the dangerous condition present on the property at issue. If you or someone you love has been injured in a slip and fall accident, you need to seek the help of Las Vegas injury lawyers as soon as possible.
The Dangerous Condition – A Brief Overview
In order for a property owner to be liable for damages after someone slips and falls and is injured on his property, there must have been a dangerous condition in place on the premises. Someone who trips over his or her own shoelace is not likely to recover damages in a subsequent lawsuit. A dangerous condition can be anything that could cause an injury, such as a slippery floor, a loose floor board or an unstable railing on a staircase.
However, there are additional details that are relevant. Specifically, that dangerous condition should not have been obvious to anyone who was near it. For instance, if there was a gigantic hole in the floor, that would likely be seen as obvious. However, a faulty step or a floor that’s about to collapse would likely not be obvious.
In addition to the details regarding the dangerous condition, there are also duties that are present for the property owner when a dangerous condition is present. The first tenet of this duty is that the property owner must either have known about this dangerous condition or he or she should have known about it. In addition, the property owner must remove that dangerous condition or, absent that possibility, clearly warn others of its presence.
As can be seen, there is much involved with the laws that relate to premises liability. People who are harmed in this manner need to be sure of their legal rights and options before pursuing a claim. If you or someone you love has been injured in this manner, you need to seek the help of Las Vegas injury lawyers who have been holding those responsible for this type of harm accountable for many years. Contact Bernstein & Poisson today to schedule a free initial consultation.