If you have been injured on someone else’s property, it is important to understand the elements of a premises liability claim and the types of evidence that can help you prove your case. Working with an experienced attorney is essential in helping you gather and present the necessary evidence to receive compensation for your injuries.
Reach out to our Las Vegas premises liability attorneys at H&P Law to get assistance with your claim. We can help you gather all available evidence for your claim and ensure that you are getting the compensation you deserve.
What is Premises Liability?
Premises liability is a legal term used when an individual has been injured due to hazardous or unsafe conditions on another person’s property. The owner of the property must have been aware or should have reasonably been aware of potential dangers on their property, yet failed to make repairs or take necessary precautions. This means that if an injury happens due to negligence on behalf of the property owner, they can be held liable for any damages incurred as a result.
Elements to Prove in a Premises Liability Claim
In order to have a successful premises liability claim, there are three elements that must be established. First, it must be proven that the property owner or occupier had some level of duty of care towards you as an invitee or licensee. Next, it must be proven that this duty was breached, either intentionally or through negligence. Lastly, it must be proven that this breach caused an injury that resulted in damages.
Note: Nevada law places limits on how long an injured person has to file a premises liability lawsuit. Under Nevada Revised Statutes § 11.190, injured victims have two years from the date of injury to file a lawsuit.
Types of Evidence to Help You Prove a Premises Liability Claim
There are several types of evidence that can help establish fault in these cases, including:
- Photos and videos from the scene of the accident;
- Medical records documenting any injuries sustained;
- Witness statements from anyone who saw what happened;
- Expert opinions; and
- Documents such as inspection reports or maintenance logs outlining any issues with the property prior to the incident.
It is also important to collect copies of all communication between yourself and the defendant regarding your claim, such as emails or letters sent back and forth.
How Can an Attorney Help You Prove Your Premises Liability Claim?
An experienced attorney will have experience gathering all types of evidence related to premises liability claims and know how best to present them in court so that they are most effective in proving your case. Your attorney will also know how best to negotiate with insurance companies on your behalf if a settlement is reached outside of court. Additionally, many attorneys offer free initial consultations, so you can discuss your case before deciding if legal representation is right for you.
Reach Out to H&P Law to Get Legal Guidance
Gathering enough evidence for a successful premises liability claim can appear daunting on your own but having an experienced attorney by your side makes it much more manageable and increases the chances of receiving adequate compensation for your injuries due to someone else’s negligence or recklessness on their property.
Our attorneys at H&P Law can provide invaluable guidance throughout each step of the process while ensuring all relevant evidence has been collected properly. Schedule a free case review with our attorneys by calling (702) 598-4529.
