QUESTION

I fell over a cement parking block in December at a gas station, and I hurt both my shoulders.

Asked on Feb 27th, 2013 on Slip and Fall - Nevada
More details to this question:
The problem is that I did not report it to the gas station because I did not realize that I had an injury that would require surgery. I called one lawyer and said I should have reported it and because I didn't I can't sue. I would not have normally sued for a bruised arm, but it is a serious injury and has become a nightmare. Is there anything I can do to get the gas station to cover the cost of this injury?
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1 ANSWER

R. Christopher Reade
Premises liability claims are a difficult area.  In Nevada, a proprietor owes an invitee a duty to use reasonable care to keep the premises in a reasonably safe condition for use. Elko Enterprises v. Broyles, 105 Nev. 562, 565, 779 P.2d 961, 964 (1989).   Merely because there is a slip on the property does not prove negligence by the property owner or that any such negligence caused the slip and fall; the triers of fact must weigh whether the property owner was negligent in having the parking stop versus the open and obvious nature of the parking stop.  The Nevada Supreme Court has recently refined the standard for premises liability in Nevada in Foster v. Costco, 291 P.3d 150 (December 27, 2012).  The new standard is based on the general duty of reasonable care: a land possessor owes a duty of reasonable care to entrants on the land with regard to: (a) conduct by the land possessor that creates risks to entrants on the land; (b) artificial conditions on the land that pose risks to entrants on the land; (c) natural conditions on the land that pose risks to entrants on the land; and (d) other risks to entrants on the land when any of the affirmative duties are applicable.  Landowners bear a general duty of reasonable care to all entrants, regardless of the open and obvious nature of dangerous conditions.   While the open and obvious nature of the conditions does not automatically preclude liability, it is part of assessing whether reasonable care was employed by the Owner.
Answered on Feb 27th, 2013 at 5:13 PM

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