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Premises Liability2020-03-18T15:43:53-07:00

Though motor vehicle accidents are among the leading threats that present a significant risk of death and injury to people in the US, data collected by the Centers for Disease Control and Prevention reveals other, unexpected hazards: Slips, trips, and falls because of dangerous conditions on property. For each of the 10 age groups listed, the top two reasons that people visited hospital emergency rooms in 2017 were unintentional falls and being struck by an object. Together, these issues caused injuries to 12.2 million individuals. While the exact underlying factors may vary, the statistics show that property owners need to increase efforts to make their premises safe for those who enter.

If you were injured because of dangerous conditions on property, Nevada law does provide you with legal remedies to recover compensation for your losses. However, when the claims process involves an insurance company, you can expect challenges in getting the monetary damages you deserve by law. Instead of trying to represent yourself, trust our team at Henness & Haight to assist with your claim. Please contact our office to set up a no-cost case evaluation with a Las Vegas premises liability lawyer who can fight for your rights.

Legal Basis for Premises Liability Claims

The foundation of these types of claims stems from a property owner’s responsibility to maintain a reasonably safe premises for visitors and guests that are present upon it. While the term “slip and fall” is often used to describe these cases, the theory of premises liability actually covers a wide range of injuries that may occur due to hazards on property. Like many other personal injury cases, negligence is usually a factor. To recover monetary damages for your losses, you must prove four essential elements:

  1. The responsible party had a duty to keep the premises safe, which applies to owners, occupiers, landlords, managers, tenants, and any other entity with control over the property;
  2. That person or entity breached this legal duty through acts or omissions that led to dangerous conditions;
  3. The breach of duty was a direct cause of the accident which caused your injuries; and,
  4. You sustained losses because of being hurt.

By establishing each of these elements, you may be eligible to recover monetary damages for:

  • Your medical bills, including those incurred for surgery, emergency treatment, outpatient care, medications, physical therapy, and other expenses;
  • Lost income for the time you’re unable to work because of your injuries;
  • Pain and suffering;
  • Losses based upon how your injuries affect your personal relationships;
  • Diminished quality of life; and,
  • Many more.

Examples of Fault in a Premises Liability Case

It’s easier to understand the elements of a cause of action for slip and fall injuries through examples. For instance, a property owner may be liable for:

  • Failing to make repairs to flooring, walls, sidewalks, driveways, and other surfaces;
  • Neglecting to clean up spills, inventory, equipment, or other debris that present a trip hazard;
  • Not posting signage regarding dangerous conditions;
  • Failing to erect barricades around hazardous areas;
  • Allowing loose wiring or electrical elements to remain, which could possibly cause shock or burn injuries; and,
  • Not fixing broken or unsteady railings at stairs and railings.

Plus, a property owner may also be liable for failing to inspect the premises for potential hazards. These individuals cannot avoid responsibility by not checking to ensure that the area is safe for others.

Seeking Compensation for Your Injuries

In many premises liability cases, you’ll first seek compensation by filing a claim with the relevant party’s insurance company. You may expect the process to be straightforward, but always remember that an insurer is a business committed to increasing profits and decreasing costs. Your claim is a threat to these interests, so the insurance company will look for reasons to deny payment. The claims adjuster assigned to your matter may accuse you of causing the accident or contest the severity of your injuries.

As such, your next step may be litigation if you cannot reach a fair settlement amount with the insurer. Civil lawsuits are complicated, as they involve complex statutes, case law, and court procedural rules. Under the circumstances, it’s essential to retain an experienced premises liability attorney to represent you.

Limitations on Injury Claims in Nevada

Even if you’re able to prove the four elements listed above, you should be aware of three legal concepts that may affect your right to compensation in a premises liability case.

  1. Nevada has a statute of limitations in all personal injury cases, including those stemming from hazardous conditions on property. You have two years from the date of the accident to file a lawsuit, and the clock doesn’t stop during the negotiations period with an insurance company. If you don’t initiate litigation before the statute of limitations expires, you can never recover monetary damages for your losses.
  2. The concept of comparative negligence applies in Nevada, which focuses on how your own conduct may have contributed to the injury-causing accident. If you’re at fault, even just slightly, your compensation may be decreased by the amount of fault attributable to you. In a case where you’d be entitled to $100,000, you could receive just $60,000 if it’s revealed that you were 40 percent responsible.
  3. Premises liability does not cover injuries to victims who were unlawfully present on property when suffering bodily harm. Trespassers are not eligible to obtain monetary damages if they’re hurt while on the premises illegally.

Contact a Las Vegas Premises Liability Lawyer About Your Claim

To learn more about your rights and remedies under Nevada premises liability laws, please contact Henness & Haight Injury Law. Our team has extensive experience in dealing with insurance companies, and we’re equally prepared to take the battle to court to get the highest compensation allowed by law. You can call 702.805.HELP or fill out an online form to schedule your free consultation. We advocate for clients in Clark County and throughout Southern Nevada from our office in Las Vegas, and we’re ready to fight on your behalf.