Understanding Premises Liability: What You Need To Know

Premises liability is an important aspect of personal injury law, holding property owners accountable for maintaining safe conditions on their premises. If you’ve been injured while on someone else’s property, whether it’s a slip and fall at a retail store, an accident at a friend’s house, or a dangerous hazard at a public venue, premises liability may be a key factor in your case.

What Is Premises Liability?

Premises liability refers to a property owner’s legal responsibility for ensuring their property is safe for visitors. Property owners have a duty of care to keep their premises free from hazards that could cause harm. Owners should conduct regular inspections as required by law or local ordinances, make necessary repairs in a timely manner, and provide appropriate warnings or notices for hazardous conditions.

If they fail to do so, they may be held liable for any injuries that result.

Premises liability cases often arise from accidents such as:

• Slip and fall due to wet floors, uneven surfaces, or poor lighting.
• Trip and fall caused by obstacles or debris in walkways.
• Inadequate security leading to assaults or injuries on the property.
• Dangerous conditions like exposed wiring, broken steps, or faulty railings.

Who Can Be Held Responsible?

In a premises liability case, the property owner or those responsible for managing the property can be held accountable. Depending on the situation, other parties, such as renters, contractors, or even maintenance workers, may also bear responsibility for unsafe conditions.

However, the level of responsibility can vary depending on the legal status of the injured person. There are typically three categories of visitors under premises liability law:

1. Invitees – These are individuals who enter the property for business purposes, such as customers in a store. Property owners owe invitees the highest level of care.
2. Licensees – These are social guests or people who have permission to be on the property for non-business purposes. Property owners must warn licensees of known dangers.
3. Trespassers – These individuals enter the property without permission. Generally, property owners do not have a duty to keep the premises safe for trespassers, but there are exceptions, especially when children are involved. Nevada’s attractive nuisance doctrine imposes a higher duty of care on property owners for injuries to children caused by dangerous conditions on their property that are likely to attract minors, such as hot tubs, swimming pools, or construction sites (among others).

What Must You Prove In a Premises Liability Case?

To successfully pursue a premises liability claim, you (with your attorney) must prove the following:

• The property owner was negligent: This can include failure to maintain the property, fix known hazards, or provide proper warnings.
• The property owner knew or should have known about the dangerous condition: This is key, as property owners are expected to act on issues they know about, or that should have been discovered through routine inspections.
• The dangerous condition directly caused the injury: There must be a clear connection between the hazardous condition and your injury.
• You were lawfully on the property: If you were on the property without permission (as a trespasser), your case could be much harder to prove.
• Statute of limitations: You have two years to sue for premises liability in Nevada. Time is of the essence as witnesses forget, property managers may rush to address the issue, etc.

Steps To Take After a Premises Liability Injury

If you’re injured on someone else’s property, follow these steps to protect your health and legal rights:

1. Document the Scene – Take photos of the area where you were injured, including any hazards that contributed to your fall or injury. Capture a variety of images and/or videos of the hazard (while maintaining your safety), including close-ups, wide-angle photos, and surrounding area photos, to capture the context of the area. Gather names, email addresses, and phone numbers of any witnesses who observed the incident, and document any security cameras that may have recorded the incident. The more documentation you can capture, the better. ALWAYS document pictures/videos BEFORE reporting it, as the at-fault party may hurry to fix the issue in an attempt to limit their liability or make the issue seem less problematic.
2. Preserve Evidence – If you slipped or fell in something, take photos of it on your clothes/shoes. You need sufficient photos of all evidence, including what shoes you were wearing
3. Report the Incident – Notify the property owner or manager about the accident. This helps document the event. Get contact information for the owner/manager and collect any contact information from any witnesses. Never indicate that you are okay or fine when making the report. Always be truthful about potential injuries/pains or say, “I don’t know.” Stick to the facts. Anything you say to a management company, property manager, or property owner can (and will) be used in an attempt to limit your compensation.
4. Seek Medical Attention – Even if your injury seems minor, it’s important to get checked out by a doctor. Because of adrenaline, you may not feel any minor injuries until days later. Always get checked out, just in case. Preserve all medical records, pain journals, and other symptoms.
5. Consult a Lawyer – A personal injury lawyer can help assess your case and guide you through the legal process.

Why Hire a Lawyer?

Navigating a premises liability claim can be complex. Insurance companies may try to minimize your claim or deny responsibility altogether. Having a skilled lawyer on your side ensures that your rights are protected and that you receive the compensation you deserve for medical bills, lost wages, pain and suffering, and other damages.

At Sam and Ash Injury Law, we understand the challenges you face after a premises liability injury. Our experienced team is here to help you navigate the process, investigate your case, and fight for your best interests.

If you or a loved one has been injured due to unsafe conditions on someone else’s property, don’t hesitate to contact us for a free consultation.

Sam & Ash – Because You Deserve What’s Right.