The owners of businesses and private properties have a duty to exercise reasonable care to ensure that conditions are safe for guests visiting their property. If there’s a danger they cannot fix immediately, they must warn guests of unsafe conditions until the problem is fixed. When property owners breach their duty of reasonable care, they may be liable for the damages and injuries that guests sustain.
A premises liability lawyer in Summerlin can help you hold property owners accountable for their actions and pay for your losses. The team at Shook & Stone has been fighting for clients for nearly 30 years and knows how to build strong cases that get results. Contact a Summerlin personal injury lawyer to learn more about your legal options after a premises accident.
Three Types of Guests in Premises Liability Cases
One of the first things a lawyer needs to do is establish the property owner’s reasonable care of duty based on the type of guest that suffered an injury on their property. The state recognizes three types of guests: invitees, licensees, and trespassers. Invitees are invited onto a property by the owner and receive the most protection. This group may include customers, patrons, and visitors to the office location.
Licensees are those who enter the property with permission for a brief non-commercial reason. A licensee could mean a service worker who’s making a repair or a neighbor who stopped by for a chat. The law also requires a property owner to keep the property safe for licensees, and a court could hold the owner liable for damages depending on the circumstances.
Trespassers receive the least amount of protection unless they are children. If the property owner leaves the property unsecured, thus unwittingly allowing access to the child, the person responsible for the property could be liable for the child’s injuries. A premises liability attorney in Summerlin reviews the details of an accident to determine which of these categories you would be categorized under.
Lawyers Can Hold Property Owners Liable for Your Accident
Once a lawyer from our team determines who is liable in a case and the extent of care you were owed, we begin building a case based on your specific circumstances. This means we ensure you have sufficient evidence and tailor our arguments to your needs, so your case is optimized for favorable results. This is important when establishing the property owner’s role in your accident.
To effectively hold a negligent property owner responsible for their actions, or lack thereof, we work to establish the degree of care that they owed you and what it entailed. We then go on to show exactly how they failed to execute that duty and how that failure contributed to your injuries. Because they caused your injuries, we can hold them liable for your damages and seek restitution.
This is an important step in your case because it solidifies the actions of the other party as a contributing factor in your injuries. This allows you to hold property owners responsible, reach a resolution in your case, and recover your losses. Our team not only works diligently to fulfill this requirement but also to swiftly resolve any obstacles that may arise, so the outcome of your case isn’t jeopardized.
Comparative Negligence Can Impact a Case
While property owners can be held liable for negligence, plaintiffs can also be held accountable if they contributed to an accident in some way. However, this doesn’t necessarily mean a loss in compensation.
According to N.R.S. 41.141, individuals can recover reduced compensation if they were 50% or less at fault. For example, if a plaintiff was 10% at fault, then their damages will be reduced by the same amount.
Pursue Compensation from Liable Parties for the Losses They Caused
Property owners, managers, and those responsible for upkeep in Summerlin must keep their premises safe for visitors. If carelessness, negligence, and a disregard for safety lead to your injuries, you may have the right to collect compensation for the damages you suffered. This compensation is supposed to help you return to a state of wholeness as much as possible. Compensation in a case may cover:
- Medical expenses, equipment, accommodations, medications, and rehabilitation
- Damage to personal property
- Lost earnings or earning capacity
- Funeral and burial expenses
- Pain and suffering
- Emotional distress, such as anxiety, depression, and PTSD
- Lost quality of life, enjoyment, or companionship/consortium
Our lawyers help you determine which losses you are eligible to recover so you can pursue a settlement or verdict that covers your losses. While we fight tirelessly to help you recover 100% of your losses, there are multiple factors that can impact the value of your final settlement.
Nevada Statute of Limitations
The statute of limitations for premises liability lawsuits in this state (NRS 41.035) is two years from the date the plaintiff suffers an injury, or the date that the person should have discovered the injury. Once that allowable time frame passes, they may lose their right to recover damages. However, there are times when injuries do not become apparent until much later, and a court may allow for exceptions.
A qualified attorney could help ensure you file the complaint well within the statute’s guidelines. After our attorneys file the legal action with the court, the defendant may choose to settle before the court date. When this happens, we can work with you to decide on a plan of action for your unique situation. If you decide a settlement isn’t enough to address your losses and decide to take it to trial.
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Make a Call to a Summerlin Premises Liability Attorney from Shook & Stone
A Summerlin premises liability lawyer could help you hold property owners accountable for what you experienced.
Shook & Stone offers free consultations so you can learn more about your situation, your options, and what type of damages you could receive. Call us or visit us online to schedule a meeting with our team today.
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