Las Vegas Injury Blog | Nevada Injury Attorneys

I have been practicing law for more than 16 years. I am a partner at Jack Bernstein & Associates , a Las Vegas injury law firm, where we only represent people that are injured as a result of the negligence of another person or business.  We have a very active slip and fall practice.  We have brought claims resulting from slip and falls against grocery stores, convenience stores, and casinos throughout Las Vegas and Clark County.  I cannot tell you how many times clients are shocked when I inform them of the law and the unfair burden that is placed on a person injured as a result of a fall. Here is how it typically goes:

I ask the person what happened. The person invariably responds by stating that he/she has a great case because he/she suffered injuries after slipping on water or some other liquid in a store. The emphasis should be on the fact that the person thinks that it is an open and closed case merely because there was water on the store’s floor.

Unfortunately, I always have to be the bearer of bad news and say, “not so fast”. You are probably saying—what is this lawyer talking about—the person slipped on water in a store……..why would that not be a slam dunk case. Here is why….

The fact that a slippery substance was on the floor is only the beginning and it makes no difference how serious the injury. It does not matter if a person falls and breaks his/her neck. The basic law remains the same. In general, the law requires or places the burden on the injured individual to prove that the store was negligent.  It is usually not enough that there is simply water on the floor.  You have to show that the store did something wrong.  In legal terms, the injured individual usually is required to prove that the store knew or should have known about the slippery substance on the floor and had enough time to clean it up or provide warning to its customers.

Usually, it is not easy to prove that a store employee actually knew about the hazard. While I have had a few cases where a store employee comes forward and admits to either causing the spill or knowing about it but not doing anything in time, however it is few and far between where the “honest” employee comes forward. Now you understand why I say the law is unfairly tilted in favor of the store owner.

While it is often difficult to actually prove that a store employee actually knew about the slip hazard, experienced Las Vegas slip and fall lawyers turn to the second prong—the should have know part. This test does not require proof of actual knowledge. It requires evidence and an argument that if the store employees were doing their jobs properly, they would have been able to prevent the slip and fall before it actually occurred. It takes an experienced slip and fall lawyer to understand the importance of carefully questioning the client and any other potential witnesses regarding their observations at the time of the fall. For example, if shopping cart marks or footprints trail through and around the slippery substance, an argument can me made that the store “should have known” about the substance because it can be inferred from the multiple marks or footprints that the spill did not just happen. Similarly, if an employee was observed in close proximity just prior to the slip and fall, it can be argued that the store employee should have known of the hazard if he/she was on the proper lookout. This argument is especially effective when slip and falls occur in the vicinity of the cashiers.

The lawyers at Jack Bernstein & Associates take slip and fall injuries very seriously. At Jack Bernstein & Associates, we believe that stores have a heightened responsibility to be on guard for hazardous conditions. Stores want the public’s business. They want their premises busy. They want people paying attention to what is on the shelves and not to the floors. As a result, Jack Bernstein & Associates believes that stores should diligently and timely inspect and maintain its property throughout store hours to prevent the serious injuries that can occur when customers slip and fall.

So if you ever witness someone slip and fall in a store, please come forward as a witness and make a mental note of everything that you observe. Your observations may be the difference between whether an injured person is or is not fairly compensated.

If you were injured as a result of a slip and fall and have questions, please do not hesitate to contact Jack Bernstein & Associates.  The consultation is free.

Wishing you the best,

Scott L. Poisson, Esq.