Las Vegas Premises Liability Attorneys

Premises Liability Claims in Nevada

When you are injured on someone else’s property because the property owner failed to maintain the premises or fix a dangerous condition, you could be entitled to financial compensation. These types of lawsuits are known as premises liability claims, and a successful one can allow you to recover compensation for your medical bills, lost wages, lost future earnings, and pain and suffering, among other damages.

At Bertoldo Carter Smith & Cullen, we assist clients in all types of premises liability claims, including those involving:

• Bar and nightclub injuries
• Casino injuries
• Hotel accidents
• Slip and fall accidents
• Swimming pool accidents

If you slipped, tripped, and fell or were otherwise injured as a result of unsafe property conditions, we invite you to reach out to our team today to learn how our Las Vegas premises liability lawyers can help. We are ready to put our extensive experience on your side and, with a history of success in complex personal injury claims, we have what it takes to win.

Contact our firm online or call (702) 505-8115 today to request your free initial consultation, with no fees unless we win.

What is Premises Liability?

Premises liability is an area of personal injury law that involves negligent property owners. When homeowners, business owners, landowners, and government agencies fail to properly maintain their premises or address dangerous property conditions, innocent people can be hurt. Those injured individuals are entitled to hold negligent property owners accountable by filing premises liability claims and seeking compensation for their damages.

What’s the Difference Between Personal Liability & Premises Liability?

Personal liability regards someone’s actions (or lack of actions) and how those actions ended up hurting another person. Premises liability regards unsafe conditions on someone’s property and how those conditions resulted in the injuries of another person. In a premises liability case, the focus is more on the conditions of the defendant’s property and less on the defendant’s actions that caused those conditions. In this way, a plaintiff’s attorney in a premises liability case might need only to prove that the premises were unsafe and not necessarily how or why they became that way.

What are the Key Factors of Premises Liability?

Premises liability cases are generally very complex claims. Property owners can only be held liable for injuries incurred on their properties in certain circumstances.

The key factors of a premises liability claim include:

• Property owner owed you a duty of care: Typically, property owners automatically owe a duty of care to anyone who enters their property lawfully, such as invited guests, visitors, customers, employees, renters, etc. Additionally, Nevada property owners have a responsibility to avoid causing intentional harm to trespassers when an injury could otherwise be prevented, so a certain duty of care is owed to trespassers and unwelcome visitors.
• Property owner failed to uphold the duty of care: A property owner’s failure to uphold their duty of care may be proven by establishing that the property owner knew of or should have reasonably known about the existence of a dangerous condition, yet did nothing to fix, address, or warn others about it. Property owners generally cannot be held liable for conditions they could not have reasonably known about, though.
• Property owner’s negligence caused an injury: Causality between the property owner’s failure to maintain the premises or address a dangerous condition and a visitor’s injuries must be provable.
• Injury caused damages: The injury suffered by the visitor/plaintiff must have resulted in damages, which can include economic and non-economic damages.

Importantly, legal precedent in Nevada prevents property owners from trying to dispute a premises liability claim on the basis of a dangerous condition being open and obvious. You can still seek compensation for your injuries if you were harmed by a condition that the property owner believes you should have noticed. For example, if you slip on a large puddle of spilled beverages in a grocery store, you can still pursue a premises liability claim against the business, even though the puddle could have reasonably been noticed by you before you slipped in it. 

Examples of Unsafe Property Conditions

Property owners and managers are responsible for maintaining safe environments for the public. Business establishments such as hotels, resorts, restaurants, and casinos are responsible for maintaining safe environments for their guests. When something goes wrong and a person is injured while on their property, they can be held accountable.

An unsafe environment can mean several different things. For example, people can be seriously injured if the premises aren't properly maintained.

Examples of this include:

• Tears in carpet or flooring that cause a person to trip
• Spills that aren’t cleaned up in a timely manner
• Unmarked wet surfaces after cleaning
• Broken chairs or furniture that cause a person to fall
• Uneven stairs that result in falls
• Poorly lit stairwells and parking garages
• Loose items on shelves that can fall and hit someone
• Presence of objects that pose safety hazards in walk spaces
• Poor labeling to warn visitors of potential safety hazards

How Does Nevada’s Comparative Negligence Law Affect Premises Liability Claims?

Nevada follows a modified comparative negligence rule, meaning that if the injured party is partially at fault for their own injuries, their compensation may be reduced by their percentage of fault. For example, if a jury finds that a plaintiff is 20% at fault for their accident, their award will be reduced by 20%. However, if the plaintiff is found to be 51% or more at fault, they will not be entitled to any compensation. This rule makes it crucial to establish clear evidence of the property owner’s negligence.

Is There a Time Limit to File a Premises Liability Claim in Nevada?

Yes, Nevada law imposes a statute of limitations on premises liability claims. Generally, the injured party has two years from the date of the injury to file a lawsuit. Failing to file within this time frame can result in the case being dismissed, barring the injured party from seeking compensation. However, there may be exceptions based on the circumstances, so it’s important to consult with an attorney to ensure the claim is filed on time.

Can a Landlord be Held Liable for Injuries in a Rental Property in Nevada?

Yes, a landlord in Nevada can be held liable for injuries sustained on a rental property if they were negligent in maintaining the property. This could involve failure to repair known hazards, such as broken stairs, faulty wiring, or plumbing issues that lead to injuries. However, tenants may also bear responsibility for certain maintenance duties as outlined in their lease agreements, and liability may depend on whether the landlord had reasonable notice of the dangerous condition.

Can I Sue a Business in Nevada If I’m injured on Their Property?

Yes, if you are injured on a business’s property in Nevada due to negligence, you may be able to sue the business for premises liability. Businesses have a duty to maintain safe conditions for their customers and visitors. If the business fails to address a dangerous condition, such as a wet floor or defective equipment, and this leads to an injury, you may have grounds for a lawsuit. However, you must prove that the business was aware of the hazard and did not take reasonable steps to fix or warn about it.

Why You Need an Attorney

Again, these are complex claims. Pursuing fair compensation after a slip and fall, swimming pool accident, or any other property-related accident is not easy, but having an experienced attorney on your side can make all the difference in the outcome of your case.

After making sure that you receive proper medical attention for your injuries, the next most important thing you can do after a premises accident is to reach out to a Las Vegas premises liability lawyer. Your attorney will be able to walk you through your various legal options and, if appropriate, begin immediately investigating the facts of your case in order to build a strong claim on your behalf.

Contact Us Today for a Free Consultation

Here at Bertoldo Carter Smith & Cullen, we understand just how difficult it can be to get back on your feet after a devastating accident. You are likely facing massive medical bills, payments made all the more difficult as you lose income from time taken off work to heal. Our attorneys and entire legal staff are here to guide you through this challenging time and work for the recovery you are owed.

We provide free initial consultations and offer all our legal services on a contingency fee basis. This means there are no upfront costs and you only owe attorneys’ fees if and when we successfully recover financial compensation for you.

Reach out to us today to schedule your appointment with our team; call (702) 505-8115 or submit an online contact form today.