If you were injured while on someone else’s property, that person may be financially responsible for your injury and related losses. Filing a premises liability lawsuit in Las Vegas, Nevada could result in the payment that you need for your past and future bills. The Las Vegas personal injury attorneys at Koch & Brim, LLP have years of experience going up against property owners in Nevada on behalf of injured victims. We can help you and your family pursue justice.
How Does Nevada Define Premises Liability?
Premises liability is a legal concept that governs accidents that occur due to hazards or defects on a property. It says that property owners have a legal responsibility over the safety of their visitors. If an injury or death occurs due to an unsafe condition on someone else’s property, the landowner may be liable (financially responsible) for the incident. Proving a premises liability case requires evidence that the property owner was negligent in respect to the control, use and/or maintenance of the property.
Common Premises Liability Claims
Determining if you have grounds to file a premises liability claim after an accident in Las Vegas may require a consultation with an experienced attorney. Our lawyers will let you know if your case has merit during a free case evaluation, where we will listen to your story and explain Nevada’s relevant premises liability laws. We have over 40 years of experience practicing law. We can represent you during any type of premises liability claim, including:
- Amusement park accidents
- Casino accidents
- Daycare center accidents
- Dog bite injuries
- Elevator and escalator accidents
- Exposure to toxic substances
- Fires or floods
- Inadequate maintenance
- Injuries at school
- Negligent security
- Parking lot accidents
- Private/gated community accidents
- Slip and fall accidents
- Snow and ice accidents
- Struck-by falling objects
- Structural collapses
- Swimming pool accidents
Any type of accident that occurs due to a hazard on someone else’s property in Las Vegas – including on both public and private property – could qualify a victim for financial compensation through a premises liability claim. If there is evidence that the property owner should have prevented the accident, his or her insurance company may have to pay for the victim’s medical bills and recovery.
How a Las Vegas Premises Liability Lawyer Can Help
A premises liability lawyer can make it easier to proceed with a claim and pursue fair financial compensation. While an insurance company may try to take advantage of you if you are unrepresented, it will treat you fairly after you hire an attorney. You can trust your lawyer to do what it takes to help you achieve positive case results, such as:
- Negotiating for fair compensation from insurance companies
- Hiring qualified premises liability experts
- Guiding you through the legal process
- Settling your case out of court
- Taking the case to court if necessary
An attorney will investigate your case and collect any available evidence of negligence. Then, you can rest and focus on healing while your lawyer presents this evidence to an insurance company, judge or jury in the pursuit of justice on your behalf. Your lawyer will not be afraid of going up against any insurance company or defendant during your premises liability claim. Additionally, if your case involves a fatality, your attorney can assist with filing a wrongful death claim in Las Vegas to ensure your family receives the compensation and justice you deserve.
Who Can Be Held Liable for Injury on Someone Else’s Property?
Under Nevada law, any person or entity in charge of controlling or maintaining the property where an accident takes place could be held liable for a victim’s injuries. An investigation may be needed to determine the identity of this party. It could be the individual that owns the premises, such as a homeowner or business owner. It could also be a company if the accident took place at a business or due to an employee’s negligence. A landlord, property management company or tenant could also be held liable for a dangerous condition if the injury occurred at a rental. You may need help from one of our Las Vegas premises liability attorneys to determine who is at fault.
What Is a Property Owner’s Duty of Care?
The definition of negligence is a breach of the duty of care. In premises liability claims, a property owner’s duty of care is what a reasonable landowner or controller would have done in the same or similar circumstances. For example, if a reasonable owner would have repaired a broken staircase or uneven curb prior to the victim’s accident, the owner could be liable for ignoring the dangerous condition. Another example is if a property owner would have used stronger security measures due to a history of crime on the premises. If the accident or injury in question was reasonably foreseeable but the property owner did nothing to prevent it, he or she breached the duty of care.
Proving Negligence in Premises Liability Accidents
In Nevada, the burden of proof in a premises liability case rests with the plaintiff. This means it is the injured victim’s responsibility to prove that the property owner was negligent. Proving this type of case requires clear and convincing evidence that the defendant knew or should have known of the property defect but negligently failed to fix it, and that this is what caused the victim’s injuries. There must also be evidence that the victim was lawfully on public or private property at the time of the accident (not trespassing).
Recoverable Damages
The damages, or financial compensation, available to a victim of a premises liability accident in Las Vegas may cover multiple past and future losses. Although each case is unique and results depend on injury severity and a variety of other factors, recoverable damages may include medical bills, pain and suffering, property damage repairs, attorney’s fees, lost wages, and emotional distress. It is important to discuss the value of your claim with a premises liability attorney before you accept a fast settlement from an insurance company.
Nevada Premises Liability Statute of Limitations
Do not wait to contact an attorney and begin the legal process if you believe you have grounds to file a premises liability claim in Nevada. The state has a statute of limitations of two years from the date of the accident, meaning that with only rare exceptions, if a victim files later than two years after the accident, the courts will dismiss the case. If you don’t file your claim within two years, you will most likely give up the right to hold a property owner responsible for your accident.
Contact a Las Vegas Premises Liability Attorney Today
If you or a loved one has been injured on someone else’s property in Las Vegas, Nevada – including at a restaurant, bar, hotel or casino – you may be eligible for financial compensation through a premises liability lawsuit. The personal injury lawyers at Koch & Brim, LLP can review your case and explain your legal rights. Our law firm will be there for you through every step of the recovery process, making sure you have everything you need. Contact us today at (702) 410-6034 or send us an online message to request a free case consultation.