Las Vegas Premises Liability Attorneys

Understanding Premises: What Every Property Owner Should Know

Premises liability is a legal concept that holds property owners accountable for accidents and injuries that occur on their property. This type of liability typically arises when a property owner fails to maintain a safe environment, resulting in harm to visitors or customers. Understanding premises liability is crucial for both property owners and visitors to ensure safety and prevent costly lawsuits.

What is Premises?

In legal terms, premises liability refers to the responsibility that property owners have to maintain a safe environment. If someone is injured due to unsafe conditions, such as uneven flooring, wet surfaces, or other hazardous scenarios, the owner may be held liable for the damages. Injured individuals may file a premises liability lawsuit to seek compensation for medical bills, lost wages, and other related expenses.

Q: What Are Common Types of Premises Liability Cases?

Premises liability cases can take various forms, depending on the nature of the accident. Some of the most common scenarios include:

Dog Bites: When a property owner’s dog attacks a visitor, premises liability laws may come into play.

Slip and Fall Accidents: Often caused by wet floors, loose carpeting, or uneven pavement.

Inadequate Security: If a property owner fails to provide adequate security measures and a visitor is attacked, the owner could be liable.

Swimming Pool Accidents: If a pool area is not properly secured or maintained, it could lead to severe injuries.

What properties does premises 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 to Prove Premises Injuries in Las Vegas

Premises liability cases in Las Vegas require a clear understanding of Nevada’s negligence laws. If you have been injured on someone else’s property—whether at a business, rental home, or public space—you might be eligible for compensation. However, proving premises liability involves meeting several legal criteria. Your attorney must effectively argue your case by establishing specific elements required under Nevada law.

What is Premises Liability?

Premises liability refers to the legal responsibility property owners have to ensure that their premises are reasonably safe. In Las Vegas, this legal principle holds property owners accountable for accidents and injuries caused by hazardous conditions such as wet floors, broken staircases, or inadequate lighting. If you’ve been injured due to such conditions, understanding how to prove your claim is crucial.

For premises liability to apply, there are several elements that must be established:

1. The Defendant Had a Duty of Care
   The property owner or occupier must have owed a duty of care to the injured party (the plaintiff). This means that the property owner must ensure their premises are reasonably safe. Under Nevada law, the owner must take reasonable steps to identify and correct hazardous conditions. This duty of care extends to visitors, customers, or anyone legally on the property.
2. The Duty Was Breached
   Breach of duty occurs when the property owner knew or should have known about the dangerous condition and did nothing to fix it. This could involve failure to clean up spills, neglecting to repair broken stairs, or not addressing security concerns in a timely manner.
3. Causation
   The breach of duty must be directly linked to the injuries sustained by the plaintiff. In other words, the dangerous condition on the property must have been the cause of the injury. This can be challenging to prove and often requires strong evidence such as surveillance footage, eyewitness testimony, or expert analysis.
4. Damages
   The plaintiff must demonstrate that they suffered actual injuries or damages as a result of the dangerous condition. This can include medical expenses, lost wages, and pain and suffering.

Q: How Do You Prove That a Property Owner Was Negligent?

To prove negligence, your attorney will need to gather evidence showing that the property owner failed to act in a reasonably safe manner. This can include maintenance records, accident reports, or photographic evidence of the dangerous condition. For example, if a slip and fall occurred due to a spill that wasn’t cleaned up, the length of time the spill was present becomes critical. Was the spill ignored for hours, or was it something that happened moments before the accident?

Finding the Right Legal Support

If you’re considering filing a premises liability lawsuit in Las Vegas, it’s essential to work with an experienced attorney who understands Nevada’s laws and can navigate the complex legal system. They will need to gather and present compelling evidence to establish liability and secure fair compensation for your injuries.

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.