If you’ve been injured on someone’s property, you may be wondering if you have grounds for a personal injury claim. Depending on the circumstances, you might be able to file a premises liability lawsuit. According to Nevada premises liability law, property owners have a legal responsibility to maintain reasonably safe conditions for visitors. If an injury occurred because of the property owner’s negligence, you might have a legal right to seek compensation.
In this blog, the Las Vegas injury lawyers at ER Injury Attorneys explain Nevada premises liability law and offer some tips for property owners and visitors to prevent injuries.
What Is Premises Liability Law?
Premises liability is a legal concept that holds property owners accountable for the safety of individuals on their property. When property owners fail to uphold their duty to maintain a reasonably safe environment, and someone is injured, they may be held financially responsible for the damages.
Common premises liability claims include:
Slip and fall accidents: these are one of the most common types of premises liability claims. Slip and fall accidents can occur due to various hazards, like wet floors, poor lighting, cracked pavement, and missing or broken handrails.
Negligent security: a property owner fails to provide adequate security measures, leading to assaults, robberies, or other crimes on the premises.
Dog bites: dog owners have a responsibility to take reasonable steps to prevent their dogs from attacking others. If a dog bite occurs on someone else’s property, the owner may be held liable for the injuries.
Swimming pool accidents: property owners with swimming pools must comply with specific safety regulations to minimize the risk of drowning or other injuries.
Inadequate maintenance: this includes neglecting to fix dangerous conditions on the property, such as broken stairs, malfunctioning lighting, or faulty electrical wiring.
Elements of Nevada Premises Liability Law
When someone’s negligence causes you to get injured on their property, you may be eligible to file a personal injury claim. To succeed in a Nevada premises liability case and obtain compensation for your injuries, you’ll need to establish four essential elements to prove liability:
- Dangerous condition: the property had a dangerous condition or hazard.
- Property owner’s knowledge: the property owner either knew about the dangerous condition or should have known about it through reasonable inspections and maintenance.
- Failure to warn or remedy: the property owner failed to take reasonable steps to fix the hazard or warn visitors about it.
- Causation and damages: the dangerous condition directly caused your injury, resulting in damages like medical bills, lost wages, or pain and suffering.
Not everyone will be eligible to file a premises liability claim if they are injured. This depends on the legal status of the individual. Nevada premises liability law recognizes different categories of visitors, each with varying degrees of protection. These categories include:
- Invitees: Individuals invited onto the property for the owner’s benefit, such as customers in a store or guests in a home. Property owners owe the highest duty of care to invitees, meaning they must take reasonable steps to discover and remedy dangerous conditions.
- Licensees: Individuals with permission to be on the property, but not for the owner’s benefit, such as social guests. Property owners owe a lesser duty of care to licensees, but they still cannot create hidden dangers or intentionally injure them.
- Trespassers: Individuals who enter the property without permission. Generally, owners owe no duty of care to trespassers and are not liable for their injuries.
However, according to NRS 41.515, there are some exceptions for trespassers, including:
- Intentional harm: if the property owner intentionally or recklessly causes harm to the trespasser.
- Hidden danger: if a property owner or occupant discovers a trespasser in a dangerous location on their property.
- Attractive nuisance: if the property has an attractive nuisance attractive to children, and the landowner fails to take reasonable steps to eliminate the danger or protect trespassing children.
Additionally, NRS 41.510 limits the liability of landowners, lessees, and occupants for injuries sustained by individuals engaging in recreational activities on their property. Recreational activities include hiking, camping, fishing, hunting, etc. This law states landowners generally owe no duty to keep their premises safe for individuals engaging in recreational activities on the property. This means they are not responsible for:
- Ensuring the safety of individuals engaging in recreational activities.
- Warning about any hazardous conditions, activities, or structures on the premises.
However, this law outlines some expectations, including:
- If the landowner intentionally causes harm to someone participating in recreational activities, they can be held liable.
- If the landowner charges a fee for allowing someone to participate in recreational activities on the property, or if they have a pre-existing legal duty to ensure safety (e.g., a lifeguard at a swimming pool), they may owe a duty of care.
If you are injured on someone’s property and plan on filing a personal injury claim, know that Nevada follows a modified comparative negligence law. This means if you share fault for your injuries, your recoverable damages may be reduced based on your percentage of responsibility. However, if you are found to be 50% or more at fault, you might be barred from receiving any compensation, like pain and suffering, lost wages, and more.
Preventing Nevada Premises Liability Lawsuits
Working together, property owners and visitors can significantly reduce the risk of premises liability lawsuits in Nevada. Here are some essential steps each group can take:
Property Owners
- Regularly inspect your property for potential hazards like uneven surfaces, malfunctioning lights, or leaks.
- If a hazard cannot be immediately fixed, clearly warn visitors using signs, barriers, or verbal communication.
- Ensure your property adheres to all relevant building codes and regulations.
- Implement steps to protect visitors from criminal activity, such as installing security cameras.
- Maintain records of inspections, repairs, and implemented safety measures.
Visitors
- Pay close attention to your surroundings and watch out for potential hazards.
- Avoid taking unnecessary risks that could lead to injury.
- Wear appropriate footwear and use any available safety gear, such as handrails.
- Report any dangerous conditions to the property owner.
- If you are injured, document the scene, your injuries, and any communication with the property owner. This information can be valuable evidence if you need to pursue legal action.
Contact a Las Vegas Personal Injury Attorney
Understanding Nevada’s premises liability laws empowers both property owners and visitors to create a safer environment and minimize the risk of accidents. Accidents and injuries due to negligence and recklessness can happen no matter what. When they do, ER Injury Attorneys can help you fight for the compensation you deserve.
Our dedicated team of personal injury attorneys is here to help you understand your legal options, fight for the compensation you deserve, and achieve the best possible outcome for your case. We’ve helped clients in Las Vegas, Henderson, Summerlin, Boulder City, and Pahrump obtain damages like pain and suffering, lost wages, and more for their injuries. We are available 24/7 to help.
Contact us 24/7 by calling 702-878-7878, via LiveChat, or by filling out our contact form for your free case consultation.