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  • You Don't Have To Watch Every Step

  • You Don't Have To Watch Every Step

    Joynt v. California Hotel & Casino, 108 Nev. 539, 543-544 (Nev. 1992):

    [The Nevada Supreme Court has] previously held that a plaintiff may be justified in not watching every step. In Wagonwheel Saloon & Gambling Hall, Inc. v. Mavrogan, 78 Nev. 126, 127-28, 369 P.2d 688, 690 (1962), the plaintiff, while walking down a stairway, fell over nails and lumber that had been placed on the steps. The plaintiff had been looking at other persons and the bus to which he was headed, and admitted that he had not been looking at the steps. The plaintiff brought a successful negligence claim against the casino, and the casino appealed, contending that the plaintiff was contributorily negligent as a matter of law. This court determined that under the circumstances, the plaintiff may have been justified in not watching each of his steps. Accordingly, this court held that the reasonableness of the plaintiff's behavior was properly determined by the jury.

    Further, cases from other jurisdictions have held that the totality of the circumstances must be considered in determining reasonable care and that an ordinarily careful person does not have to watch constantly where he or she is going.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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