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What is premises liability?

Premises liability is a legal concept where property owners are held responsible for any injuries or accidents that occur on their property. Premises liability is a type of lawsuit that an injured victim may file against a property owner for any negligence on their part. Accidents on properties can occur in several different ways, such as through uneven flooring, slippery floors, and so much more.

Premises liability asserts that property owners have a duty to make sure that their property is safe from any potential hazards that visitors could get injured from. If a property owner fails to make their property safe from potential hazards, they could be held responsible under premises liability.

What properties does premises liability cover?

Premises liability can apply to all types of properties, including private homes, apartment complexes, businesses, shopping centers, hotels, grocery stores and public spaces like parks and government buildings. 

Premises liability lawsuits could get very complex, especially if there are multiple at-fault parties involved, or the land is owned and managed by multiple parties. To make sure that you have a strong claim against the liable party, our top-rated Las Vegas personal injury attorneys will gather as much evidence as possible in your favor.

How do you prove premises liability injuries in Las Vegas?

If you have been injured on another’s property in Las Vegas, your attorney will have to file a premises liability claim which is based on Nevada negligence laws. There are several elements that your Nevada attorney will have to meet when trying to prove premises liability laws.

There are several elements that your Nevada attorney will have to prove when filing a premises liability claim in Las Vegas. 

The party that is initiating the lawsuit, also known as the injured victim, is referred to as the plaintiff. The party that is defending themselves against such claims by the injured victim is referred to as the defendant. In order to have a successful premises liability claim in Nevada, the plaintiff needs to prove:

  1. The defendant (or property owner) had a duty to the plaintiff to make sure that their premises are reasonably safe. This requires that the property owner knew or should have known about the dangerous condition.
  2. The defendant breached their duty when they failed to act in a reasonably safe manner, and there was a dangerous condition on the premises.
  3. The dangerous condition caused the plaintiff to suffer injuries.
  4. The plaintiff now has injuries that could be compensated with damages.

Nevada Premises Liability Laws

Each state has a different law on how to treat premises liability lawsuits. For example, many states have different ways of categorizing property visitors. For example, in California, those that go onto another’s property for business purposes may fall under an invitee status. Those that go onto another property for simply leisure purposes are known as a licensee.

The state of Nevada does not have these types of categories. Instead, the laws generally assert that all property owners act reasonably and prevent accidents from occurring. 

If you or a loved one have been injured while visiting another person’s property, contact our Las Vegas premises liability attorneys to see how you could hold the property owners and managers responsible for any injuries you have suffered.

What are the most common premises liability lawsuits in Nevada?

The most common premises liability lawsuit in Nevada are slip and fall accident claims against Las Vegas hotels and casinos. There are around 43 million visitors who travel to Las Vegas each year. Hotels and casinos have to constantly make sure that their premises are safe for visitors. This includes the hotel lobby, the restroom floor, the pool area, etc. If a hotel or casino fails to follow reasonably safe protective measures, they could be held liable for slip and fall accidents that may occur on their property.

What type of compensation could I receive for my premises liability claim in Nevada?

There are a variety of damages you could receive if you have suffered an injury on someone else’s property in Nevada. You will be entitled to compensatory damages, which include:

  • Medical bills: this includes hospital stays, medications, physical rehabilitation
  • Lost past wages: this refers to the wages that the victim missed out on while they were suffering from their injuries
  • Future lost wages: the plaintiff will be able to receive future lost wages if the injuries are catastrophic, and have led to permanent injuries where the victim is unable to return to work
  • Pain and suffering: this refers to non-economic damages that include emotional trauma suffered as a result of the accident. Examples of pain and suffering include anxiety, depression, and post-traumatic stress disorder suffered after the accident.
  • Punitive damages: these types of damages are exemplary damages that try to make an example out of the defendant’s malicious conduct.

Examples of Premises Liability

  • Slip and fall – Missing “wet floor” signs in retail stores or hazardous walking conditions on sidewalks are common examples of dangerous property conditions which are often the result of a lack of proper maintenance.
  • Trampoline injuries – Even with proper safety measures in place, someone may be able to sue the trampoline owner if they are injured while using the device on another’s property.
  • Toxic exposure – Property owners are responsible for making sure that their property is free from any toxic chemicals or waste that could result in sickness.
  • Dog bites – When a dog attack occurs on someone’s property, the property owner and/or dog owner may be liable for the damages caused by the animal’s behavior. Dog bite victims who were unlawfully trespassing, attacked by a police dog, or who were partially at fault cannot hold someone else liable for their dog bite injury in Nevada.
  • Playground accidents – Playgrounds are one of the most common places where children suffer serious injuries. When a child suffers an injury on a playground because of the lack of proper maintenance or dangerous design flaws, they may be entitled to recover compensation from the playground owner for failing to maintain a safe playground for children.
  • Swimming pool injuries – Swimming parties may be fun, but the owner of the pool could be held liable for any injuries that occur while swimmers are on their property. If someone slips on a wet surface or nearly drowns in someone else’s pool, then the pool owner may be liable for the damages.
  • Missing stair railings – Without railings being installed on every stairway on a property, the property owner may be able to be held liable if someone is injured while using the stairs.
  • Negligent security – For locations that require security detail to keep the area safe, a lack of security or negligent security team may leave the property owner liable for injuries suffered on the property.
  • Falling objects – Objects that have not been properly secured, constructed, or designed which fall onto others may open the door for a premise’s liability lawsuit. These types of accidents are most common in construction and warehouse storage companies.
  • Boating Accidents – An incident where an individual sustains injuries or damages due to unsafe or negligent conditions on or around a boat, dock, or related property.
  • Electrical failure or improper wiring – When an electrical fire is caused by negligent maintenance habits or bad wiring, the owner of the property may be held liable for any damages that the fire or bad wiring causes. Electrical lines that are hidden in trees commonly contribute to premises liability injuries when the property owner fails to inform visitors that the power line is there.
  • Elevator Accidents – Incidents where an individual sustains injuries or damages as a result of unsafe or malfunctioning elevator equipment within a property.
  • Mildew or mold inhalation. Asbestos, also known as popcorn ceiling, inhalation is the most common example of this. When mold or mildew are left on a property and someone is injured as a result, the property owner may be liable for the damages caused by the inhalation of these elements.
  • Garage Accidents – Incidents where an individual is injured or incurs damages due to hazardous conditions or negligence within a garage, either residential or commercial.
  • Grocery Store Accidents – Incidents where a shopper or visitor sustains injuries or damages due to unsafe conditions or negligence within a grocery store.
  • Hotel Accidents – Incidents where a guest or visitor sustains injuries or damages due to unsafe conditions or negligence within a hotel’s premises.
  • Parking Lot Accidents – Situations where an individual sustains injuries or damages due to unsafe conditions or negligence within a parking lot.
  • Retail Store Accidents – Incidents where a customer or visitor is injured or suffers damages due to unsafe conditions or negligence within a retail store.
  • Violations of state or federal building codes. When buildings are not designed and built to be within the code of standard, a property owner may be liable if someone is injured on the property as a result.
  • Defective equipment. Property owners are responsible for making sure that equipment on their property is safe to use and free from defects.

Las Vegas Premises Liability Attorney Near Me

Nevada laws allow you to seek compensation from the liable party if you have been injured on another’s property. If you or a loved one have been injured on another’s property, this would fall under a legal claim called premises liability. It is important that you contact a premises liability attorney immediately after you suffer any injuries to make sure that you received the maximum compensation available for you. Our top-rated Las Vegas premises liability attorneys have decades of experience representing victims who have been injured on another’s property.

Premises liability claims could get very complex, especially if there are multiple at-fault parties involved, or the land is owned and managed by multiple parties. To make sure that you have a strong claim against the liable party, our top-rated Las Vegas personal injury attorneys will gather as much evidence as possible in your favor.

Our Las Vegas, Nevada premises liability attorneys offer a free no risk consultation. During this initial case evaluation, our attorneys will determine how we could successfully pursue a claim in your favor, and the type of damages you could receive for your injuries suffered.