Nevada property owners and managers are legally obligated to keep their premises safe for lawful visitors. When they fail in their responsibility, people can get hurt through no fault of their own. If you’re recovering from serious injuries after an accident on someone else’s property, you could have a premises liability claim against them.
At Sam & Ash Injury Law, we believe you deserve What’s Right. Healing takes time and costs money, and you shouldn’t have to pay for others’ carelessness. Let a Summerlin premises liability lawyer from our law firm help you pursue compensation and accountability for your losses.
Contact us today for a free consultation. We can review your case and explain your legal options. There’s no fee unless we win your case.
What Is Premises Liability?
Premises liability law focuses on accidents caused by hazardous conditions or defects on someone else’s property. Though most cases specifically refer to property owners, injury victims can file premises liability claims against any party controlling or managing a property. This includes landlords, store managers, and even residential homeowners or tenants.
Like all personal injury cases, a premises liability case hinges on proving the responsible party’s negligence. You must demonstrate that a property owner’s action (or failure to act) directly contributed to your injuries to recover compensation.
It’s important to know that property owners are not strictly liable for all injuries and accidents on their premises. Just because you were injured on their property does not automatically mean you have grounds for a premises liability claim against them.
Similarly, the presence of a hazardous condition or defect on the premises does not automatically mean the property owner was negligent. Under Nevada premises liability laws, you need to show the property owner knew (or should have known) about the potential hazard and failed to address it or adequately warn visitors of the risk.
Common Hazards in Premises Liability Cases
Common examples of dangerous conditions on Summerlin properties include:
- Slip and fall hazards– Fall hazards are conditions that increase the risk of slipping, tripping, or falling. Examples include unattended spills, puddles of rain, damaged steps or stairs, uneven flooring, and clutter or debris.
- Building code violations– Property hazards often result from building code violations or a general lack of maintenance. Examples of violations include faulty electrical wiring, defective handrails, malfunctioning elevators, and sagging or collapsing ceilings.
- Inadequate security– Property owners who fail to ensure their premises are appropriately supervised put their visitors at risk of theft, injury, and assault. Insufficient security might include poor lighting, ineffective or absent security staff, malfunctioning security systems, and unmonitored entrances.
Other common property hazards include swimming pools, dangerous dogs or animals that are not properly confined, and construction or worksites that are not properly cordoned off.
Types of Premises Liability Cases
Some of the most common types of premises liability cases include those stemming from:
- Slips, trips, and falls– Slips, trips, and falls injure millions of people each year, especially older Americans. When property owners fail to keep their walkways well-lit and clear of hazards, visitors can easily suffer traumatic fall-related injuries.
- Structural defect accidents– If a property owner fails to address structural defects such as sagging roofs, faulty wiring, or crumbling pavement, visitors can get hurt.
- Negligent security incidents– When property owners or managers fail to keep their premises well-secured, they put their visitors at risk of break-ins and physical assault.
- Dog and animal attacks– Property owners with dogs or other potentially dangerous animals are responsible for keeping those animals confined. Failure to comply can lead to devastating attacks.
Common Premises Liability Injuries
Premises liability cases often involve serious and life-changing injuries, such as:
- Traumatic brain injury (TBI)
- Facial injuries
- Dental trauma
- Neck injuries
- Back injuries
- Spinal cord injury
- Broken bones
- Shoulder, arm, elbow, wrist, and hand injuries
- Hip, leg, knee, ankle, and foot injuries
- Bruises, lacerations, and puncture wounds
- Toxic exposure or inhalation injuries
- Abdominal injuries
- Internal bleeding
- Post-traumatic stress disorder (PTSD)
If you or a loved one is coping with the aftermath of an accident, a premises liability attorney from Sam & Ash Injury Law will fight for the compensation you need for a more stable financial future.
The Property Owner’s Duty of Care
Property owners have a legal responsibility to exercise reasonable care to prevent visitors from coming to harm. This legal obligation is called the duty of care.
In premises liability law, a property owner’s duty of care varies based on the status of the individuals visiting their premises. In Nevada, visitors in premises liability cases are typically classified as invitees, licensees, or trespassers.
- Invitees– An invitee has an express or implied invitation to enter a property. Examples include personal guests, restaurant diners, and customers. Property owners owe invitees the highest duty of care.
- Licensees– A licensee is allowed to enter a property for the mutual benefit of both parties, such as door-to-door salespeople. Property owners generally owe licensees a lesser duty of care than invitees. For instance, property owners are not expected to routinely inspect their premises for potential dangers to licensees.
- Trespassers– People who enter a property without permission are trespassers. Owners owe trespassers the lowest duty of care unless they are juveniles. In most cases, property owners must only avoid deliberately harming trespassers or knowingly allowing them to come to harm unless they fear for their safety.
Today, Nevada courts place less emphasis on these distinctions in favor of considering whether the property owner’s actions were reasonable given the circumstances. However, a visitor’s status can still play a part in determining what counts as reasonable.
Premises Liability Law in Nevada
An individual or business entity that is responsible for managing or controlling real property in Summerlin must:
- Keep their property safe for visitors, including those with express or implicit invitations and lawful visitors who enter for their own benefit.
- Conduct regular inspections of the premises to identify possible hazards.
- Perform maintenance and repairs to maintain the premises and address potential hazards as needed.
- Take reasonable steps to warn visitors about hazards that haven’t been addressed or repaired yet.
- Refrain from actively harming trespassers or knowingly letting them come to harm.
Regardless of these standards, property owners are not subject to strict liability for all injuries on their premises. For example, a property owner might deny liability by claiming:
- They are not the legal owner or manager of the premises.
- They did not know about the hazardous condition and had no way of knowing it existed before the claimant got hurt.
- They provided their land to visitors free of charge for recreational purposes, which means their liability is limited under Nevada’s Recreational Use Statute.
- A third party whose conduct was unforeseeable was responsible for the claimant’s injury.
- The claimant’s own conduct contributed to the condition that caused their injury.
Building a solid argument to counter these defenses is a job for an experienced premises liability lawyer. At Sam & Ash Injury Law, we will gather strong evidence to support your claim for maximum compensation.
Filing a Premises Liability Lawsuit
There are two crucial Nevada laws to know if you are considering a premises liability lawsuit in Summerlin.
First, there’s Nevada’s modified comparative negligence law. This statute allows you to seek money for your losses even if you are partially at fault for the accident. However, the amount of money you recover will be reduced based on your assigned percentage of the blame. In Nevada, you can still recover compensation if you are no more than 50 percent at fault.
You must also pay attention to the statute of limitations for Nevada personal injury lawsuits. You have only two years from the date of your injury to file a premises liability suit. If you wait to file until after the limitations period expires, you may lose your right to compensation forever.
The best way to maximize your compensation and avoid having your case derailed by avoidable errors is to work with a seasoned attorney like the ones you’ll find at Sam & Ash Injury Law.
Contact Our Premises Liability Lawyers in Summerlin, NV
Get in touch with Sam & Ash Injury Law as soon as possible after an accident on someone else’s property. Our Summerlin premises liability lawyers can get started immediately and craft a compelling case that demands What’s Right for you. Call or contact us today for a free case review.