QUESTION

what is the statue of limitation for a slip and fall ??

Asked on Oct 24th, 2012 on Slip and Fall - Nevada
More details to this question:
my husband slipped on a casino floor in march of this yr. there was water on the floor and security saw the whole thing and wrote down a accident report, can he be compensated for the fall ? My husband has had back problems for 9 yrs and he does not know if he has gotten worse from this fall or from a roll over accident he had in june.
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1 ANSWER

R. Christopher Reade
The statute of limitations for any action for personal injuries is four years in the State of Nevada.   "Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another" must be brought within 2 years of the claim accruing. As to the question of whether he can be compensated, the standard for slips and falls is a negligence standard.  Just because your Husband fell does not necessarily mean the casino was negligent.  The owner or occupant of property is not an insurer of the safety of a person on the premises, and in the absence of negligence, no liability lies. Gunlock v. New Frontier Hotel, 78 Nev. 182, 185, 370 P.2d 682, 684 (1962). An accident occurring on the premises does not of itself establish negligence. Id. Yet, a business owes its patrons a duty to keep the premises in a reasonably safe condition for use. Asmussen v. New Golden Hotel Co., 80 Nev. 260, 262, 392 P.2d 49 (1964). Where a foreign substance on the floor causes a patron to slip and fall, and the business owner or one of its agents (a) caused the substance to be on the floor or (b) if the business had actual or constructive notice of the condition and failed to remedy it. Id.  The Casino is not liable, however, for injuries caused by a dangerous condition that was open and obvious and could have been avoided in the exercise of reasonable care. Gunlock, 78 Nev. at 185, 370 P.2d at 684.   
Answered on Nov 15th, 2012 at 12:25 PM

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