Typically no. Nevada law allows injured parties only to make claims under worker’s compensation insurance for injuries and damages sustained while under the course and scope of employment with one exception.
That one exception is when the employer intends to cause injury to the employee. Only under the circumstance where the employer intends to cause injury to the employee can the employee directly sue the employer outside of making a claim under worker’s compensation insurance.
Showing posts with label Nevada law. Show all posts
Showing posts with label Nevada law. Show all posts
Thursday, August 30, 2012
Thursday, August 23, 2012
I slipped and fell on water on the floor of a bathroom in a restaurant and sustained injuries, is the restaurant responsible?
Possibly. Even though an accident occurs on private property does not mean that the property owner is responsible for such injuries.
An injured party needs to show that the property owner had a duty to keep the bathroom floor in a clean and safe condition, that the property owner breached the duty (by failing to clean the bathroom floor or failing to repair a leaking sink as examples), that the slip and fall on the water on the floor caused the actual medical injuries, and that the injured party suffers actual damages.
Establishing each element is the definition of negligence under Nevada law and would document a case against a property owner for negligence.
An injured party needs to show that the property owner had a duty to keep the bathroom floor in a clean and safe condition, that the property owner breached the duty (by failing to clean the bathroom floor or failing to repair a leaking sink as examples), that the slip and fall on the water on the floor caused the actual medical injuries, and that the injured party suffers actual damages.
Establishing each element is the definition of negligence under Nevada law and would document a case against a property owner for negligence.
Labels:
injured party,
injuries,
negligence,
Nevada law,
slip and fall
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