Have you been injured on someone else’s property in Henderson, NV? If so, you may be entitled to claim financial compensation for the medical bills and losses you incurred as a result of the accident.
Nevada laws governing your right to seek compensation after a premises liability accident are complex. You will be at a disadvantage trying to hold insurance companies accountable on your own. It’s a good idea to explore your options by having an experienced lawyer review the circumstances of the injury. If you have a claim, it’s important to seek the help of a knowledgeable Henderson personal injury attorney who can stand up for your rights and help you pursue the full compensation you need.
At Sam & Ash Injury Law, we’ve built a practice on the belief that you deserve What’s Right. Our attorneys are committed to that principle and have won more than $400 million on behalf of injury victims. Giving you What’s Right also means no upfront fees to secure our legal services. Please call Sam & Ash Injury Law for a free case consultation or fill in our online contact form.
What Is Premises Liability?
When you suffer a preventable injury due to an unsafe condition on someone else’s property, you may have grounds for a premises liability claim if the property owner’s negligence contributed to the incident.
Premises liability cases are based on the legal obligation that property owners have to keep their property in a reasonably safe condition for all legal visitors. In premises liability law, “property owners” include those with legal ownership rights of property as well as those who rent, control, or manage the property. Landlords, shopkeepers, grocery store managers, and even individual homeowners may be financially liable if visitors suffer harm due to an accident caused by a failure to correct or warn of unsafe conditions.
To have a valid premises liability case, you must be able to demonstrate that the other party knew or should have known of the dangerous conditions on the property and failed to respond appropriately, resulting in your injury.
Common Hazards in Premises Liability Cases
Our Henderson personal injury attorneys have experience handling all types of premises liability cases, including those stemming from:
- Unattended spills
- Flooding caused by poor drainage
- Wax or oil buildup on floors
- Defective steps or staircases
- Broken or absent handrails
- Faulty elevators or escalators
- Cracked or uneven flooring
- Torn or threadbare carpets
- Cluttered walkways
- Accumulated debris
- Towering stacks of merchandise
- Uneven pavement
- Exposed wiring
- Sagging or collapsing ceilings
- Poor lighting
- Inadequate security
- Unmonitored entryways
- Swimming pools without sufficient lifeguards
- Easily accessible construction sites
- Unconfined dogs
- Obscured or missing warning signs
- General lack of maintenance
Types of Premises Liability Cases
When Henderson property owners are negligent, visitors may suffer serious injuries. The following types of incidents are especially common among premises liability cases:
- Slip and falls – Millions of Americans are injured in slip and fall accidents every year, particularly older adults. Even a seemingly minor slip and fall can result in serious injuries, lasting pain, and permanent disability.
- Staircase accidents – Even staircases that are properly lit and free of clutter can present a fall hazard. When property owners fail to keep their staircases well-maintained, the odds of an accident go up significantly.
- Structural defects – When property owners refuse to address structural defects such as collapsing ceilings, or faulty electrical systems, they put visitors at risk of serious injury.
- Assaults – Lack of proper security and lighting can contribute to unsavory conditions on certain commercial premises. When property conditions encourage criminal activity, visitors may be at risk for theft, violent altercations, or assault.
- Animal attacks – When dangerous pets are not properly confined or restrained, serious bites and animal attacks can occur. Property owners who have dogs on their premises that are deemed dangerous or have a history of biting may be held financially liable for dog bite injuries.
Common Premises Liability Injuries
Here are some of the most common types of injuries we see in the Henderson premises liability cases we handle:
- Head injuries and traumatic brain injuries
- Facial injuries and dental trauma
- Scarring and permanent disfigurement
- Neck, back, and spinal cord injuries
- Partial or total paralysis
- Shoulder, arm, elbow, wrist, and hand injuries
- Dislocated or broken bones
- Traumatic amputation and loss of limb
- Bruises, lacerations, and puncture wounds
- Burns, electric shocks, and electrocution
- Toxic exposure or inhalation injuries
- Abdominal injuries and internal bleeding
- Hip, leg, knee, ankle, and foot injuries
- Post-traumatic stress disorder (PTSD)
- Other psychological and emotional injuries
The Property Owner’s Duty of Care
A property owner has a legal obligation to exercise reasonable care in the maintenance of their property. Generally speaking, Henderson property owners are expected to regularly monitor, maintain, and address hazards on their premises. When a property hazard cannot be fixed promptly, the property owner should warn visitors of the unsafe condition. The specific duty of care that applies to premises liability cases varies depending on the legal status of the visitor.
Under Nevada law, property visitors are traditionally categorized as one of the following:
- Invitees – An invitee is someone who visits a property at the explicit or implicit invitation of the owner. Common examples of invitees include social guests, shoppers, and restaurant patrons. Because an invitee is there for the benefit of the property owner, the owner owes invitees the greatest duty of care. Property owners are expected to actively monitor their properties for safety issues and promptly correct hazards or provide adequate warnings.
- Licensees – A licensee is someone who legally enters a property primarily for their own benefit, such as a door-to-door salesperson. Property owners are not expected to protect licensees from harm to the same degree they are with invitees.
- Trespassers – A trespasser is someone who enters a property either without permission or in direct defiance of the owner’s wishes. Trespassers are owed the lowest duty of care, though property owners are expected to take special precautions to keep children who trespass safe from attractive nuisance hazards. In most cases, though, Nevada property owners are only expected to avoid actively causing harm to trespassers or knowingly allowing them to suffer harm.
Keep in mind that Nevada courts have increasingly held that a property owner’s actions are more significant than visitor status in premises liability cases. However, your status as a visitor still affects whether a property owner’s actions seem reasonable given the circumstances. It’s a smart idea to speak with a knowledgeable Henderson premises liability attorney to understand your rights and whether you have a valid injury claim.
Premises Liability Law in Nevada
Individuals and businesses that own, rent or control real property in Henderson have a legal obligation to:
- Ensure their premises are reasonably safe for lawful visitors
- Conduct routine inspections to identify potential hazards and repair as necessary
- Take reasonable steps to warn visitors of potential hazards that remain unaddressed
- Refrain from taking steps to cause harm to trespassers or knowingly allowing trespassers to come to harm
Henderson property owners are held to a high standard when it comes to their duty of care. However, a property owner or manager may try to dispute liability for accidents that occur on their premises by arguing that:
- They are not the legal owner of the property
- The hazard was so obvious that a reasonable person would have noticed it and avoided an injury
- They were unaware of the hazard and had no way of knowing about the existence of the hazard before the claimant was injured
- They allowed visitors onto their land free of charge for recreational purposes and are therefore not fully liable under the Recreational Use Statute
- The claimant was injured by a third party whose negligent conduct was unforeseeable
- The claimant was injured on the premises as a result of their own actions
Filing a Premises Liability Lawsuit
If you’re considering a premises liability lawsuit in Henderson, NV, there are two state laws you should keep in mind.
The first is Nevada’s modified comparative negligence doctrine. Under this law, accident victims are permitted to seek compensation even if they are partially at fault for their own injuries. Any compensation the injured person may recover will be reduced by the percentage of fault the individual is assigned for the accident. An accident victim may still be compensated as long as he or she is no more than 50 percent at fault for the incident.
The second is the personal injury statute of limitations, which allows two years from the date of an injury to file a premises liability lawsuit. If you wait too long to file, the court can dismiss your case. That’s one of the reasons it’s a good idea to work with an experienced lawyer who can make sure all documents are filed in a timely fashion to protect your rights.
Contact Our Premises Liability Lawyers in Henderson, NV
If you have been injured due to a property owner’s negligence in Henderson, NV, don’t delay in contacting Sam & Ash Injury Law to discuss the accident. We can answer your questions and help you understand your legal options in a free case evaluation.