Can You Sue for Falling on a Public Sidewalk?
We walk on them every day without thinking. Sidewalks outside stores, parks, schools, and office buildings. But when a sidewalk is cracked, uneven, or poorly maintained, one wrong step can lead to a serious fall and lasting injuries.
So here’s the big question: “Can you sue if you fall on a public sidewalk in Nevada?”
The answer is yes, sometimes. But it depends on who owns or controls the sidewalk, whether they were negligent, and how quickly you act after the injury.
At Mainor Ellis Injury Lawyers, we help injured Nevadans hold the responsible parties accountable through sidewalk injury claims. Reach out to our office if you or someone you love was injured and you want to pursue financial compensation.
Who’s Responsible for a Public Sidewalk in Nevada?
Determining who maintains a sidewalk isn’t always straightforward. In Nevada, liability for a sidewalk injury generally depends on where the sidewalk is and who’s responsible for its upkeep.
City or county governments usually maintain sidewalks in public areas, such as outside parks, schools, or municipal buildings.
Private property owners, including businesses or homeowners, may be responsible for the sidewalks directly adjacent to their property, especially if a city ordinance requires them to keep it in safe condition.
Commercial property managers or landlords can be liable if the sidewalk is part of a privately owned shopping center, hotel, or casino property that invites the public to enter.
The first step in any case is identifying who had control over the area where you fell. Without that, it’s impossible to know who to sue.
When You Can File a Sidewalk Injury Claim
Under Nevada law (NRS 41.130), you can file a personal injury claim when someone’s negligence causes your injury. That means proving:
- The property owner or public entity owed a duty of care to maintain the sidewalk safely.
- They breached that duty by failing to repair or warn of a dangerous condition.
- That failure caused your fall and injury.
- You suffered damages as a result (think: medical bills, lost income, or others).
Common hazards that lead to successful sidewalk injury claims include:
- Uneven or raised concrete slabs
- Cracked or broken pavement
- Potholes, ice, or debris left on the walkway
- Poor lighting at night
- Obstructions or unsafe construction zones
You will need to identify the cause (hazard) that led to your injury in order to get compensation for your losses and damages.
Special Rules for Suing the Government
If your fall happened on a publicly maintained sidewalk, your claim becomes more complicated because you’re suing a government entity. “How so?” you may be thinking. Because Nevada law gives public agencies special legal protections.
Under NRS 41.031, the State of Nevada and its political subdivisions can be sued for negligence, but there are limits:
- You must show actual or constructive notice, meaning the government knew (or should have known) about the dangerous condition and failed to fix it in time.
- You must file a formal claim notice quickly, often within a few months.
- Damage awards against government entities are capped at $200,000 per claimant, under NRS 41.035, even for catastrophic injuries.
Miss a filing deadline or fail to prove notice, and your claim could be dismissed entirely. A Las Vegas premises liability lawyer can help you follow all the requirements and procedures prescribed by Nevada law to get the compensation you deserve.
If the Sidewalk Is Privately Owned
If your accident happened in front of a business, hotel, or private property, the case follows standard premises liability rules. Property owners have a duty to inspect their premises and correct hazards they know, or should know, exist.
For example, if a casino’s maintenance team ignored a lifted sidewalk panel for weeks, or a shopping center failed to clean up spilled liquid or construction debris, they can be held liable for resulting injuries.
Don’t Walk Away from a Sidewalk Injury Without Justice
Sidewalk fall cases require meticulous investigation, quick action, and knowledge of both Nevada’s tort laws and local municipal codes. If you’ve been injured because someone failed to maintain safe walkways, Mainor Ellis Injury Lawyers is ready to help.
Contact us today for a free consultation. Call at 702-450-5000 to discuss who should pay for your sidewalk injury and whether you have a valid legal claim.
Source:
leg.state.nv.us/nrs/nrs-041.html
