Henderson Premises Liability

What Is Premises Liability Law in Nevada?

Premises liability law allows you to hold a property owner liable for injuries you experience on their property. As you likely know, property can either be public or private. Regardless of its ownership designation, the property owner or tenant must take reasonable steps to maintain the property in a safe condition. 

The importance of premises liability law cannot be understated. It is all but impossible to stay off of someone else’s property when you leave your home. Travel, work, recreation, school, and medical treatment all take place on someone else’s property. Property owners must take reasonable care to protect others from dangers on their property. 

Basic Elements of a Premises Liability Case in Nevada

Successfully bringing a premises liability case requires you to prove various basic elements with strong evidence. For this reason, you are strongly encouraged to seek the services of a seasoned slip-and-fall attorney in Henderson after an accident.

The basic elements of a premises liability case include the following:

• The premises had a dangerous condition
• The owner of the property or tenant should have known about the condition
• The presence of the dangerous condition directly led to an accident 
• The victim of the accident became injured and sustained compensable damages because of the dangerous condition and accident

Keep in mind that under premises liability law in Nevada, tenants may be held liable for a dangerous condition. For example, if a retail tenant fails to clean up a spill within their establishment, they can be held liable for any accidents that result. However, the property owner will likely be insulated from liability because the spill was the responsibility of the tenant.

Premises Liability Situations

Premises liability situations vary greatly but regularly occur within a few contexts. Understanding where accidents of this nature occur can help keep you safe. 

Hotels and Casinos

Nevada is one of the world’s largest suppliers of hotel and casino services. Each year, countless visitors enter these establishments for entertainment, food, and a place to sleep. It is the responsibility of the casino or hotel to take reasonable steps to address safety issues and to prevent them from occurring in the first place. 

Safety issues you may encounter in hotels and casinos include:

• Slippery surfaces and walkways
• Inadequate security
• Unsafe or poorly maintained equipment
• Untrained staff
• Understaffing issues
• Fire hazards, such as lack of fire alarms or extinguishers
• Blocked or poorly lit exits
• Unsafe balconies
• Unsafe stairs and staircases

Negligent security or lack of security can also lead to accidents and liability due to failure to prevent dangerous individuals from gaining access to the premises and causing harm. 

Airports

Nevada airports serve millions each year and must do so with reasonable care. All sections of an airport should be reasonably safe. Yet, airport accidents occur with too much frequency. They include:

• Escalator, stair, and elevator accidents
• Slips, trips, and falls 
• Inadequate security
• Broken handrails
• Carpet accidents

Dangerous issues with traffic and parking within an airport’s boundaries may also be cause for a premises liability lawsuit. For example, you may potentially be injured due to faulty traffic signals or markers, in which case a pedestrian accident attorney would be of great help. 

Retail Establishments 

Owners of retail establishments are required to take reasonable steps to keep their establishments reasonably safe for others. The proverbial “slip-and-fall” accident is well-known in retail establishments but is not the only situation in which liability for property owners or tenants arises. 

As with casinos, hotels, and restaurants, retail establishments must also have adequate security, cleared entrances and exits, and many more safe conditions when you visit their places of business. 

Residences

Private residences are visited regularly by all manner of guests, from friends and family to utility workers. Property owners and tenants have a duty toward you based on your reason for being present. 

Common dangerous situations on residential properties include:

• Slippery walkways
• Broken stairs and handrails
• Cluttered walkways, entrances, and exits
• Falling or flying objects
• Lack of warning for dangerous conditions
• Electrical hazards

Inadequate security measures for on-site animals, such as dogs that may bite or attack, may also lead to liability.

Levels of Care Required

The level of care demanded of a property owner or tenant depends on the type of guest on their property. In Nevada, the three types of guests include:

• Invitees: Those on a property for commercial reasons that benefit the property owners
• Licensees: Friends, family members, and social guests 
• Trespassers: Uninvited guests

The highest degree of care is owed when you are an invitee, which means your presence ultimately and typically benefits the property owner or tenant in some commercial manner. 

Compensation for Premises Liability Accidents

If you fall victim to a premises liability accident, you are entitled to seek economic and non-economic damages (unrestricted except in medical malpractice cases), including compensation for:

• Medical care and hospital stays
• Income lost as a result of the accident
• Costs and expenses related to the premises liability accident
• Pain and suffering
• Mental anguish
• Loss of consortium

If the accident takes place on the job, you may also have a workers’ comp claim alongside your premises liability claim against the property owner. 

Swift Action

In every premises liability case, swift action is necessary to be successful. A statute of limitations of two years controls these cases. After this time period, your valid claim becomes void. Additionally, evidence becomes more problematic as time goes on. However, prompt legal action, which begins by speaking with an experienced premise liability lawyer, cures many potential issues. 

An Experienced Henderson Premises Liability Lawyer Can Help

If you have suffered an injury due to a negligent property owner, you do not have to grin and bear it. Your injuries deserve compensation when caused by negligence. Henderson injury attorney Adam S. Kutner is here to help. 

Sources:

NRS 11.190.

NRS 41A.035.