AM I AT FAULT OR ARE THEY?
8 attorney answers
"They" would be probably be primarily at fault, however any judgment amount you might obtain against "them" likely would be reduced by your comparative negligence in seeing the toilet paper on the floor but not being careful when you walked on it.
The establishment has a duty to maintain the premises in a reasonably safe condition. This includes periodically inspecting and servicing the restrooms. You should file an incident report with the establishment and request a copy, if you have not already done so.
You have what is referred to as a "slip and fall" case. The answer to your question is that both you and the premises owner/occupier share some fault. However, in Nevada, unless it is shown that you are more than 50% responsible for the incident, the premises owner/occupier is still responsible. Nevertheless, these cases are not easy but with the degree of injury that you have and what appears to be some severe occupational consequences, you would be wise to retain a personal injury attorney very quickly. An attorney can take the proper steps to acquire and preserve evidence and also make arrangements with doctors to get you the treatment that you need. If you woud like to discuss your case further please call me at 702-823-3333.
Although an owner has a duty to use reasonable care in maintaining the premises in a safe condition free from hazardous debris, users of the premises have a duty to watch for open and obvious dangerous conditions. While a person is not expected to keep their eyes fixed on the ground ahead of them, there are certain places such as a public bathroom which require the user to be on alert for water, paper and other material which could cause a fall. The outcome of your possible case also depends on the frequency of inspection and maintenance of the bathroom. The longer you can prove the bathroom was not inspected, the better your chances for a successful claim.
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I agree with my colleagues. Consult a local attorney, many can be found here on avvo using the Find a Lawyer tool, who can evaluate your case and give you your best options.
-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org [email protected] This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
You may be able to recover if it turns out there was negligence, but you should call a local personal injury lawyer who can investigate.
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I would contact an attorney in your area immediately to discuss this situation. Depending on the surrounding circumstances you may be able to be compensated.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at [email protected] www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
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