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Slip and Fall

   Nevada tort law provides a remedy for injuries caused by slipping or tripping and falling, if caused by a property owner's negligence in allowing a dangerous condition to exist.  Such a claim is referred to as a "slip and fall" case.

Defenses

Property owners generally have two basic defenses to slip and fall claims:

  1) The first defense is that they were not negligent. For example, the owner may claim that the banana that a patron slipped upon had been dropped on the floor only moments ago by another patron, and that, in the exercise of due diligence, a typical store owner acting with reasonable care would not have had time to discover the danger and take steps to mitigate the danger.

   2) The second and more typical defense is that the person who was injured was at fault. For example, the owner may claim that any reasonable patron, exercising due diligence for his or her own safety, would see a banana on the floor, and take those steps necessary to avoid slipping on it.

Because of a general perception that slip and falls are at least partly the fault of the person injured, slip and fall injuries are usually worth less than injuries from other types of torts.

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