Nevada Premises Liability Lawyers Provide an Overview of Premises Liability Law in Nevada
When many people hear the word premises liability, they think of slip and fall accidents that happen at the grocery store, the shopping mall, or at a hotel. But as an area of personal injury law, premises liability actually encompasses a broader range of accidents and incidents. If you are injured on the property of another due to an unsafe condition, under Nevada law, you might be entitled to compensation for your injuries.
Owners of Public Premises Are Required By Nevada Law to Keep Their Property Safe
When the owner or occupier of property or a building does not use reasonable care to maintain the premises and keep it safe, and an individual is injured as a result, then the property owner or occupier can be liable for those injuries and other damages. When you are aware of and understand the different elements associated with premises liability, you will know your rights and responsibilities in the event you are injured on someone else’s property. The following discusses an overview of premises liability law in Nevada.
Premises Liability Law and Standards of Care
In Nevada, there are four elements that must be met in order to establish liability in a Nevada Premises Liability Lawsuit.
These elements include:
- An individual had permission from the property owner to be on the property;
- A dangerous condition was present on the property;
- The property owner caused or knew or should have known about the dangerous condition; and,
- The individual was harmed as a result of the dangerous condition.
Property owners owe specific duties of care to those present on their property. The particular standard of care owed will typically depend on what the property is used for and why an individual might be on the property.
An Example of Nevada’s Premises Liability Law
For example, owners of businesses such as grocery stores or retail stores owe the highest duty of care to individuals who are on the property to conduct business. These individuals are also known as invitees since, in these instances, a business owner is inviting people to come into or onto the property for the owner’s benefit. When it comes to invitees, property owners must use care to maintain and inspect their property to ensure it is free of potential dangers at all times. If an invitee is harmed by an unsafe condition on the property, then the owner can be liable for the invitee’s injuries and other damages. Even known or obvious dangers that invitees should be aware of will not relieve a property owner of their duty of care to invitees in this situation.
Licensees and Premises Liability Law in Nevada
Property owners also owe a significant duty of care to individuals who enter onto their property for mutual benefit. These individuals are known as licensees. For instance, if a friend invites you to their home for dinner or a party, you would be considered a licensee since you are there for each other’s mutual benefit. Property owners must warn licensees about any dangers that are present on the property, and they must take steps to remediate or repair those dangers. Unlike business owners, those who have licensees on their property, rather than invitees, do not have to actively inspect their property but must still discover any risks within a reasonable amount of time. However, as with invitees, an open and obvious dangerous condition will not relieve a property owner from the duty of care they owe licensees.
Nevada Premises Liability Law and the Issue of Trespassing
Finally, property owners owe the least duty of care to trespassers. While property owners do not have to ensure their property is safe for trespassers, they cannot intentionally cause harm to a trespasser. It is also important to be aware that if a property owner has something on their property that is enticing to a child and that child enters the property without permission and is harmed, the owner can still face liability. This is also known as the attractive nuisance rule. In other words, property owners should take steps to secure dangerous conditions or items on their property if they think a child would want to trespass or sneak onto the property to use it.
Premises Liability Accidents in Nevada
As mentioned above, most individuals simply think of slip and fall accidents when they hear the word premises liability. However, this is only one example of the ways in which a property owner can face liability. Some of the other ways that a property owner might be responsible for dangerous condition and injury that occurs on their property include:
- Dog Bites
- Failure to Provide Adequate Security
- Inadequate Lighting
- Inadequate Maintenance
- Snow and Ice Accidents
- Poisoning, Chemical, or Toxic Fumes Injuries
- Burns and other Fire-Related Injuries
- Elevator and Escalator Accidents
- Swimming Pool Accidents
- Flooding or Water Leaks
- Amusement Park Accidents
Compensation in a Premises Liability Lawsuit
If you’ve been injured on the property of another due to a dangerous condition present on the property, you might be entitled to compensation. Some of the damages you might be awarded if you successfully establish your claim include:
- Compensation for past, present, and future medical expenses;
- Compensation for any lost earnings and wages, including potential wages over your lifetime;
- Compensation for pain and suffering, mental anguish, or other forms of non-economic damages.
It is important to mention that under Nevada Law, your recovery may be limited based on a doctrine known as contributory negligence. In other words, if you are partially responsible for your injuries, your recovery can be reduced by your percentage of fault. However, if your negligence is greater than that of the property owner, you may not be able to recover any damages whatsoever. For instance, if you are fifty-one percent at fault for the accident, you may not be entitled to damages.
Speak With One of Our Nevada Premises Liability Lawsuit Lawyers Today
If you’ve been injured due to a defective condition on the property of another, you may be able to recover your damages under premises liability law. Thus, it is imperative that you contact one of experienced Personal Injury Lawyers as soon as possible in order to protect your rights to compensation.
At Parker Waichman, LLP, we offer free and confidential case consultations so be sure to either fill out our online contact form or call us today at 1-800-YOURLAWYER (1-800-968-7529) to discuss your case.