Premises liability governs a property owner’s responsibility to their visitors at any given time. When owners are negligent in their duties, they can be held liable by individuals injured by hazards. To take this step, it’s beneficial to have a premises liability lawyer in Las Vegas on your side, especially in a city like Las Vegas.
At Shook & Stone Injury Lawyers, our team has more than 150 years of combined experience helping clients injured throughout the city. When you’re dealing with the aftermath of a premises liability accident, an experienced Las Vegas personal injury lawyer can help you recover compensation if you have been injured on someone else’s property.
Consult a Lawyer About Premises Liability Accidents in Las Vegas, NV
Premises liability is a delicate area of the law. For this reason, it’s essential for injury victims to speak with a lawyer right away and receive legal advice about their case. A competent and experienced premises liability attorney in Las Vegas can help accident victims maximize their chances of recovering damages by thoroughly investigating the accident and gathering evidence to strengthen their claim.
Nevada has very specific laws concerning valid premises liability claims, so it is important that your lawyer has experience handling these types of cases. They should also be familiar with the local laws and the specific handling of premises liability cases within Las Vegas’ jurisdiction. The team at Shook & Stone Injury Lawyers has extensive experience and strong community connections that we use to your benefit.
Because building defects and a failure to maintain properties can cause serious injury and even death, it is important to hold property owners accountable for their actions. Shook & Stone Injury Lawyers works diligently to help you gather evidence and build a case so you can get the justice you deserve after suffering from a premises liability accident, such as a slip and fall accident.
Common Causes of Premises Liability in Las Vegas
In Nevada, patrons of an establishment are expected to act reasonably and heed the warnings posted on the premises. Injuries sustained as a consequence of unreasonable behavior (i.e., attempting to show off or engage in horseplay) may not be compensated for by the business owner if the patron was warned about what could happen if he or she did not act reasonably.
On the other hand, property owners are responsible for ensuring that there are no uneven surfaces, slippery floors, broken stairs, or other unsafe conditions. If a negligent property owner fails to remedy these dangerous conditions and a visitor suffers an injury as a result, the property owner may be held liable for any resulting damages in a premises liability lawsuit.
If you were hurt due to mistakes or negligence by a property owner, it is critical to hire a premises liability lawyer in Las Vegas to help you understand your rights and navigate the legal process. Understanding these laws and how they apply is a critical starting point in your case. Below is a closer look at what property owners can be held responsible for when guests are on their property
Dog Bites
Property owners are liable for injuries caused by an animal on the premises, even if the animal belongs to a guest. If a bite occurs, victims may be entitled to compensation. Dog bites and other attacks by pets are governed by Nevada’s dog bite laws, which means the victim may not be compensated if they knew a potentially dangerous animal was on the premises but didn’t take reasonable precautions to avoid it.
Animal owners can also be held liable if their pet causes injury. Pet owners are responsible for maintaining control of their pet at all times, staying alert, and taking safety precautions. Talk to a Las Vegas dog bite lawyer if you’ve been bitten by a dog or other type of pet.
Inadequate Maintenance
Property owners are required to maintain their private property and keep it in a safe condition. This includes regular inspections of the property and timely repairs to any potential safety hazards. If a repair cannot be made right away, property owners should provide a clear warning about the dangerous area so guests can avoid the area and potential injury.
Inadequate Safety Equipment
Property owners must provide employees and visitors with sufficient safety equipment to prevent injuries while performing their duties. This includes protective gear, guardrails, and warning signs.
Less Than Adequate Security
Property owners must take steps to prevent criminal activity from occurring on their premises. This includes providing sufficient lighting, installing and maintaining surveillance cameras, and security personnel. Inadequate security can also lead to severe injuries from third-party criminal activity.
Dangerous Surfaces
Slippery or wet surfaces, uneven pavement, and objects on the floor can all contribute to a slip and fall accident. Slip and fall accidents are among the most common types of premises liability accidents, and victims can suffer serious injuries from them. Some may even be fatal.
Types of Injuries Common in Premises Liability Cases in Nevada
Premises liability accidents can cause serious injury to victims. In some situations, they can cause a loss of life as well. If you were hurt in any type of incident and suffered any of the following injuries, allow our lawyers to guide you:
- Burns, scalds, and thermal toxicity
- Back and spinal cord injuries,
- Concussions, brain damage, coma, and traumatic brain injury
- Headaches, dizziness, and vertigo caused by falls or blows to the head
- Hearing Loss
- Infections
- Lacerations and Severe Bleeding
- Lead Poisoning
- Loss of Limbs and Amputation
- Spinal Cord Injuries
- Vision Loss
- Animal bites
- Drowning caused by pool accidents
Victims often suffer serious injuries with ongoing limitations to health and well-being. If you are like many others, you suffered injuries that required hospitalization, and you may have lost wages or other losses that may impact you for some time. Let our Las Vegas premises liability lawyer fight for you to receive fair damages.
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Premises Liability and Las Vegas Casinos
If you’ve been injured in one of the many casinos throughout Las Vegas, you may be wondering if casino owners can be held liable for premises liability claims. The answer is yes. Like any other business, casinos and resorts have a responsibility to keep all of their guests safe. If they are negligent, then they may be held accountable.
Casinos have high foot traffic every day, which increases the likelihood of a dangerous condition occurring. For example, elevators and escalators may experience more wear and tear on the mechanics from their frequent use. If these conveyances are not maintained regularly, a guest could slip, trip, or fall.
However, it’s also important to be aware that these cases can be complex and casinos are likely to present a few key defenses. They may claim that a hazard was open and obvious to a reasonable person, or they may claim the hazard was unforeseen and couldn’t be remedied. Our lawyers are prepared for this and are equipped to fight back on your behalf.
What to Do After a Premises Liability Accident in Las Vegas
Victims must demonstrate the losses they have suffered, and doing so requires access to evidence to back up any statement they make. Our legal team can gather evidence for any component we include in your claim and maximize your settlement value. Some examples of how we may build a case and obtain the necessary evidence include:
- Photos of what happened, including the location and damage suffered
- Witness statements that document what they saw before, during, or after the incident
- Medical reports from the emergency room and ongoing care that demonstrate your medical losses and implications for your health
- A statement from family and friends that showcases the impact on your health and well-being
- Data from police reports, if applicable, that demonstrate what occurred
- Accident reconstruction tools that provide clarity on what happened
- Statements from medical experts who can testify as to what happened to you
With the guidance of a Las Vegas premises liability attorney, you gain the knowledge you need to hold those who did this accountable. Our legal team works to collect all available evidence to support your claim. We are aggressive in gathering evidence to ensure the insurance company does not deny your claim or make you a lowball offer.
Establishing Negligence in a Premises Liability Case
To file a claim for premises liability, you must demonstrate that the at-fault party is negligent. While various degrees of liability may be present, in all situations, the burden of proof rests with the victim. To demonstrate negligence, a Las Vegas premises liability attorney from our team can show the following four essential aspects of negligence:
- A duty of care was established. This means that the at-fault party was expected to maintain their property safely, and you had the right to be there.
- A duty of care was breached. This occurs when the property owner fails to take steps to minimize risks, fails to do so properly, or, in other cases, fails to warn about the risks.
- The breach caused your accident. You must show that the breach of that duty of care caused the accident you suffered.
- You suffered injuries and losses. This often means suffering physical injury requiring medical care and financial losses as a result.
At Shook & Stone Injury Lawyers, our premises liability lawyers have extensive experience handling such cases. We understand the nuances of Nevada’s premises liability laws and have the resources to fight for you. If you have been injured on someone else’s property, contact us today to discuss your case.
Basic Principles of Premises Liability Law
In premises liability cases, the level of care a victim is owed depends on the classification under the law. There are three groups of individuals considered, and each is owed a different amount of care. These groups include:
- Invitee: An individual who is allowed to visit a property for a mutually beneficial purpose, such as going to the grocery store, conducting business, or visiting a casino
- Licensee: An individual who is allowed to visit a property for a limited and very specific purpose, such as repair services or hunters.
- Trespasser: An individual who is not allowed to be on a property for any reason.
Under premises liability law, Invitees are owed the greatest degree of care because they are there at the clear invitation of the property owner. Licensees are also owed a duty of care, but to a lesser extent, since they are there for limited purposes. Trespassers are generally not owed a duty of care unless they are children or are injured after the property owner is aware of their presence.
Recoverable Damages in a Premises Liability Case
Victims of premises liability can seek financial compensation for losses they can demonstrate. Our attorneys can work closely with you to investigate this matter, including learning about how the accident has impacted your health, well-being, finances, and quality of life. Some of the most common types of damages you may be able to recover in your claim include:
- Medical bills associated with the accident: This includes any medical expenses related to the injuries, including your current and future medical needs, hospitalizations, rehabilitation, medications, and other needs.
- Lost wages: If you were unable to go to work for a period of time due to your injuries, you can include your lost wages in your claim.
- Future earnings: If you are unable to go back to the same job, you can also seek financial compensation for lost future earnings.
- Pain and suffering: If you suffered serious injuries, you have likely navigated pain and may even still be struggling with the outcome.
- Emotional trauma: This includes any onset of worsening mental health complications due to your injuries, including post-traumatic stress disorder.
- Loss of quality of life: Many people struggle to recover from health complications and to maintain relationships and engage in activities they love.
- Loss of life: For those who suffered an accident that resulted in death, eligible surviving family members can file a claim for wrongful death, though it’s critical to ensure that you work with a Las Vegas wrongful death attorney to do so.
Do not put off hiring an attorney who can advocate for you and help you negotiate a fair settlement. Unfortunately, the insurance company may not be upfront about your losses or what they owe to you, and expect you to document your losses and provide evidence of them. If you can’t substantiate your claim, you may be unable to recover damages. Hire an attorney to help you navigate your claim.
How to Handle a Premises Liability Case
If you’ve been injured and are considering whether or not you should file a premises liability claim, it can be helpful to hire a lawyer to provide clarity on whether or not you are eligible to pursue a claim. If you have a right to a legal claim, you will need to file the appropriate paperwork and submit the evidence you’ve gathered to support your claim.
During your case, we look at the factors involved in the accident to anticipate the defenses property owners may use and the strategies we can use to ensure you have a strong case. Each strategy is tailored to your case for optimal results.
While we negotiate on your behalf and work to secure a settlement with the insurance company, this does not always result in a settlement. If that happens, we’re prepared to take your case to trial and present it before a judge to help you secure the compensation you seek.
Nevada Statute of Limitations on Premises Liability
In Nevada, there are time limitations (NRS: Chapter 11.190) on filing a premises liability claim. You must file a claim within two years after being harmed or discovering the injury, whichever comes first. This is what is known as the Nevada statute of limitations. If the statute of limitations expires, you may not be able to recover any damages from the insurance company or the court.
There are limited exceptions to these rules, so it’s important to hire an experienced lawyer from our team who can help you determine how long you have left to file and what your options are as a result. Our team is ready to help you act quickly.
Reach Out to a Las Vegas Premises Liability Attorney from Shook & Stone Injury Lawyers Today
If you or a loved one has been injured in a premises liability accident, it’s important that you contact a premises liability attorney in Las Vegas. As a skilled personal injury law firm, we represent injured clients throughout Nevada. We can help you recover damages, including compensation for medical bills, emotional stress, lost income, and more.
Our firm can guide you step by step through the legal process, and we can help determine whether you are eligible for compensation and which legal claims you may bring against a liable party. Call Shook & Stone Injury Lawyers today to schedule a free consultation and get started reviewing your case.
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