Slip and fall cases present special challenges. In a car accident, generally one party is clearly liable. In a slip and fall case the defense usually asserts a defense of comparative negligence and, therefore, a plaintiff’s actions are usually questioned. These questions include whether the plaintiff was on notice of the condition that led to the fall before the fall; whether the plaintiff clearly saw what he or she slipped or tripped on; and whether a report was filed contemporaneously with the event. If you’ve slipped or tripped, note immediately what caused your accident; if possible, get pictures. Always list out witnesses at the time of the incident and report the incident right after it happens.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.