Can I Sue My Landlord For A Slip And Fall?

.

Can I Sue My Landlord For Negligence?

Your landlord or property owner has a legal responsibility to maintain a duty of care, meaning the condition of the premises must be in proper working order and safe for tenants. This can include the common areas around the apartment complex as well as areas outside of your rental home that are part of the property. 

When your landlord fails to maintain a duty of care, you can sue them for negligence. However, you will need to prove they were negligent and breached their duty of care. This can include:

• Proving they were aware of the hazard that caused you to slip and fall
• Demonstrating the landlord or property owner failed to take corrective steps to resolve the hazard
• Providing evidence that the hazard was primarily responsible for your injuries
• Showing you sustained actual losses, such as medical bills, pain and suffering, and lost wages

What Is The Statute Of Limitations For A Slip And Fall In Nevada?

The statute of limitations is the amount of time you have to sue your landlord for your slip-and-fall injuries. In Nevada, the statute of limitations for this type of premises liability injury case is two years from the date the accident occurred, as defined in NRS 11.190(4)(e). 

For example, you slipped and fell on March 15, 2024, and sustained injuries. Since this is the date the accident took place, you have until March 14, 2026, to sue your landlord. Otherwise, if you fail to take any legal action during this time, you cannot sue them after the statute of limitations runs out. 

When Can I Sue My Landlord For A Slip And Fall?

You can sue your landlord for a slip and fall when they fail to provide a duty of care to maintain safety on the property. This includes taking steps to address foreseeable hazards. Additionally, the landlord’s duty of care extends to common areas outside the tenant’s apartment. So, stairs, sidewalks, and pool decks must also be properly maintained to prevent slips and falls. 

Generally, you can initiate a personal injury lawsuit against your landlord when they were aware of or should have known about potential hazards and failed to take corrective actions to resolve them. For example, the stairs to and from your apartment are cracked and broken. The landlord is aware of the issue but does nothing to fix it. 

Due to their inaction, it eventually leads to you slipping and falling down the stairs, where you are injured. Since they failed to provide a duty of care, you can sue them for your injuries and losses.

What Evidence Is Needed For A Slip And Fall?

In order to establish your landlord is responsible for your slip-and-fall injuries, you must prove several key components with the appropriate evidence as follows:

• Establish they failed to provide a duty of care and breached it: You can generally prove this by providing pictures or video that show what caused you to slip and fall, like an uneven sidewalk. 
• Provide documentation to show you sustained injuries: You will need to provide medical records, police reports, or an accident and injury report to show your injuries resulted from slipping and falling. 
• Provide evidence you experienced actual losses: You must provide copies of medical bills, employment pay stubs, a letter from your employer stating you are losing wages because you are not working, and other such documents as required. 
• Provide witness statements: If any witnesses were present when you slipped and fell, getting a sworn statement from them can be vital evidence to support your injury claim.

How To Sue A Landlord For A Slip And Fall

To sue a landlord for slip-and-fall injuries, you will want assistance from an experienced premises liability injury attorney. The laws and processes involved can become very complex and overwhelming. Initially, your claim is filed against the property owner’s or landlord’s insurance company.

This is accomplished by filing a complaint against the responsible party. The complaint also details your injuries and includes any supporting documentation. The complaint is filed with the court, and the defendant is notified. The defendant is given time to provide an answer against the complaint. 

From there, adjusters, the insurance company’s lawyers, and others get involved. Initially, they may offer a settlement for the lowest amount possible or even attempt to deny responsibility. However, they are more likely to make a reasonable settlement offer if you have legal representation. 

If a settlement cannot be reached, your lawyer will litigate the case in court. However, the vast majority of slip-and-fall cases never even make it to court because of the negative press your landlord could experience. 

Find Out If You Can Sue Your Landlord With A Free Consultation Today

If you slipped and fell and sustained injuries you believe were caused by your landlord’s negligence, you need to get sound legal advice from Adam S. Kutner, Injury Attorneys. Our Las Vegas slip-and-fall accident attorneys provide a free case evaluation and consultation. We also offer free legal advice on how best to proceed with your injury claim. Even if you have already filed a claim with your landlord’s insurance and they have made you an offer, getting a second opinion from our lawyers before you accept it is worthwhile.