Why are Slip and Fall Cases Hard to Prove?
Slip and fall and trip and fall accidents are hard for Plaintiffs to prove against business owners. At Cohan PLLC, we know this is true because our founder, Chasen Cohan, Esq. spent the first six years of his career defending Wal-Mart, Sam’s Club, and various Las Vegas Strip Hotels. This experience showed us all the tricks the best Las Vegas attorneys use because this is how we learned to practice law—defending the type of cases we now file on your behalf.
Slip and fall cases are hard to prove because Nevada law was designed that way. The essential elements of a negligence-based premises liability claim are (1) duty; (2) breach of duty; (3) causation; and (4) damages.
To show a premises owner breached a duty owed to a plaintiff, the plaintiff typically needs to show the business owner had notice of the dangerous condition on their property (often a liquid spilled on the floor). Where the dangerous condition is a temporary one, like liquid spilled on the floor, the plaintiff has to prove the business owner had actual or constructive notice of the dangerous condition on its premises.
A plaintiff can show the business owner had actual notice of the dangerous condition by (1) showing the store created the alleged hazardous condition; or (2) showing that an employee knew of the alleged hazardous condition prior to the plaintiff’s incident. Alternatively, a plaintiff can show the business owner had constructive notice of the dangerous condition by proving it existed for an unreasonable length of time prior to the plaintiff’s incident.
The bottom line is that slip and fall and trip and fall cases are fact-intensive. So, you should document as much information about the incident as possible. Below, we have listed the Seven Things You Should Do After a Slip and Fall Accident
The Seven Things You Should Do if You are in a Slip and Fall Accident
Seek Medical Attention – At Cohan PLLC, the most important thing for us is you and your family’s future. If you are not healthy, it is hard to go about your daily life. So, the number one thing you can do if you are in an accident is seek medical attention to address your injuries. If you do not have insurance, one way to pay for your treatments might be medical liens.
File an Incident Report with the Business – If your slip and fall caused significant injuries or required you to seek medical attention, it is likely the business owner asked you to help them fill out an Incident Report. This information must be accurate. So, if possible, recount the incident in your own words. Later, you should review a copy of the Incident Report to ensure its accuracy.
Take Photographs of the Incident Area – This is something the business will likely do as part of their Incident Report. However, phones take great photos. So, use them. The spill and the condition of the area are going to be at issue. So, focus on the spill and anything that might have gotten on you. We can visit the store, but we can’t recreate the dangerous condition as it existed on that day.
Identify witnesses – Independent third-party witnesses can make or break cases when it is, “he said, she said.” They can offer powerful evidence for your case. So, if possible, identify anyone who saw the dangerous condition or saw you fall.
Inspect the scene – Legal liability is contingent on the incident scene and the dangerous condition. A picture might be worth a thousand words, but it doesn’t tell the whole story. So, use your phone and take notes or a voice memo about the dangerous condition and the incident area as you remember it.
Write things down – One advantage of contemporaneous accounts is that they are not corrupted by time or the process. So, they are likely to be more accurate. The more information you have like this, the easier it is to prove your slip and fall or trip and fall case.
Contact Cohan PLLC – Experienced slip and fall lawyers in Las Vegas – The sooner you start working with us, the quicker we can help you protect you and your family’s future. Regardless of your situation, you are bound to have countless questions. Cohan PLLC will help you get answers. To help you find your feet during this difficult time, we have compiled some of the most commonly asked questions and provided general answers. For specific answers about your case, review your legal options with us in a free consultation.
Why Hire Lawyer Who Tries Cases?
Having a Slip and Fall Attorney who is able to take cases to trial offers plaintiffs more leverage during settlement negotiations. Most lawyers don’t spend much time in courtrooms, so defendants often have little to fear if they end up going to court. This discourages settlements or makes settlements smaller as a result. However, when a lawyer has a history of courtroom success, it incentivizes opponents to settle faster and for larger amounts.
Contact Our Las Vegas Slip and Fall Attorneys for a Free Consultation: (702) 623-3579
If you have recently been in injured, we encourage you to contact us immediately. We have the experience you need to investigate your claim and take the necessary legal steps properly.
Chasen Cohan, Esq. is the founder of Cohan PLLC. Mr. Cohan is a licensed attorney who also possesses FINRA Series 7 (Registered Representative) and Series 63 (Uniform State Representative) licenses, state insurance licenses, and State Securities Registrations in Nevada, Missouri, and North Carolina. Mr. Cohan is admitted to practice law before the Nevada Bar, all Nevada State and Federal Courts, and the United States Court of Appeals for the Ninth Circuit.
Mr. Cohan’s representative clients have included: Wal-Mart Stores, Inc., Sam’s West, Inc., MGM Grand Resorts International, New York-New York Hotel & Casino, Mandalay Corp., The Treasure Island Hotel and Casino, The Cosmopolitan of Las Vegas, The Mirage Casino-Hotel, South Point Hotel & Casino, American Express, Barclays, US Bank, Wells Fargo, Citibank, and various life insurance companies and service providers.
Mr. Cohan is a Las Vegas native who graduated with honors from UCLA with a Bachelor of Arts degree in Political Science. Mr. Cohan received his Juris Doctorate from the University of Texas School of Law. During law school, Mr. Cohan served as a clerk for the Office of the Texas Attorney General and a Judicial Extern for United States District Court Judge James R. Nowlin.
Clients from global brands and middle-market companies to innovative startups and individuals trust Cohan PLLC to resolve their trickiest legal disputes. Whether that’s litigation in state or federal trial and appellate courts in Nevada; investigations and enforcement actions before government agencies; or mediation, arbitration, and regulatory agency proceedings. Cohan PLLC has litigated hundreds of millions in dollars of claims on behalf of corporate litigants. As a result of this experience, Cohan PLLC has been afforded the opportunity to selectively act as Plaintiff’s counsel on complex, personal injury matters.