You may potentially have a claim, though I think it is unlikely. Contact a Nevada personal injury attorney. If there was some sort of dangerous condition created by the hotel's actions or inaction, you may be able to recover. You will essentially need to prove they knew about the dangerous conditions in the room. Just because you fell and were hurt does not mean they are liable to you. Only a lawyer with an understanding of Nevada personal injury law can evaluate your potential claim. Most all personal injury lawyers offer free consultations, I recommend contacting one today. Your injuries alone may be enough to encourage a lawyer to take the case. Good luck to you and I am sorry for your accident.
This advice is intended for general information purposes only and may be based solely on my personal opinion or thoughts. Laws vary from state to state. If you have a serious matter, or feel as though you may, I advise you to contact an attorney in your area.
This is a case worth talking about, it is an issue of just how slipery the floor was and it it was with in code. If it was not within code you have a good case. I am in Las Vegas and take on the hotels often.
In Nevada, proprietors owe their invitees a duty to use reasonable care to keep the premises in a reasonably safe condition for use
Negligence is never presumed but must be established by substantial evidence. Liability may be found only on proof that defendant had either actual or constructive notice thereof, and when positive evidence is not available to explain presence of such foreign substance, trier of fact is called upon to draw such reasonable inferences as are permitted from evidence of how you where injured.
slip and fall
In the "slip and fall" case involving a foreign substance upon a surface, if evidence is available to establish or permit reasonable inference that its presence was result of conduct by agents or employees of defendant, liability may be found . i.e. if you can show they put it there it is there fault esyer said then done. all persons in this society have an obligation to act reasonably and that an owner or occupier of land should be held to the general duty of reasonable care
Frequently, positive evidence is not available to explain the presence of such foreign substance, and the trier of fact is called upon to draw such reasonable inferences as are permitted from the evidence offered in this regard.liability may be found only on proof that the defendant had either actual or constructive notice of the stuff on the floor Annot. 61 A.L.R.2d 6, 69.
Duty to maintain
(1) reasonably foreseeable risk (2) there must be a relationship of proximity between the plaintiff and defendant and (3) it must be 'fair, just and reasonable' to impose liability. However, these act as guidelines for the courts in establishing a duty of care; much of the principle is still at the discretion of judges.
The duty to maintain may include, in appropriate circumstances, an obligation toupgrade" facilities that harbor foreseeable hazards by, for instance, installing guardrails.
Agents or employees of defendant
If evidence is available to establish or permit reasonable inference that its presence was result of conduct by agents or employees of defendant, liability may be found upon ordinary agency principles, respondeat superior is applicable, and notice is imputed to defendant,
How long hasirritent the been on the floor before your fall
In the "slip and fall" case, evidence of prior accidents is usually excluded where it relates to a temporary condition which might or might not exist from one day to the other unless there is proper showing that conditions surrounding prior occurrences have continued and persisted. irritent
duty to keep the premises in a reasonably safe
Of course a proprietor owes his invited guests a duty to keep the premises in a reasonably safe condition for use-the duty of ordinary care. The experience of **50 mankind demands that the illusory standard of ordinary care be applied in a reasonable fashion, and courts generally have done so
'slip and fall' caused by litter, debris, or water
Distinction in the law between a 'slip and fall' caused by litter, debris, (Wagon Wheel v. Mavrogan, 78 Nev. 126, 369 P.2d 688; Eldorado Club v. Graff, 78 Nev. 507, 377 P.2d 174), water (Worth v. Reed, 79 Nev. 351, 384 P.2d 1017), or some other foreign substance upon a floor,
a slip and fall upon a waxed floo
It has long been established that the waxing of floors is compatible with the legal standard of ordinary care. Annot. 63 A.L.R.2d 591. An owner in treating a floor may use wax without incurring liability to one who slips and falls, unless he is negligent in the materials he uses or in the manner of applying them.
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Yes, you may sue. I suggest retaining an experienced personal injury attorney who has been involved in slip and fall cases in the past. As you can see from the other answers, slip and falls are difficult cases as the property owner/occupier will more often than not contest liability (fault for causing the accident) as well as damages. Clearly, the broken femur was caused by the fall. ....I doubt even the most imaginative or aggressive defense attorney would attempt to argue that it was pre-exisiting.
Hopefully, your treatment will be short and you will get a full (or nearly full) recovery. Use health insurance if you have it and retain counsel as soon as possible. Do not speak to the Hotel's Risk Management, Security or insurer until you can do so in the presence and protection of your attorney.
Hope this helps.
/s Donald Kudler
This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.
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