What is a premises liability claim? Some examples could include a visitor at a Las Vegas shopping mall slipping on a wet floor that was left unattended for hours, resulting in a severe back injury. Or maybe a broken handrail on a hotel staircase caused you to fall, leaving you with fractures that require surgery and months of recovery.
Your Las Vegas premises liability lawyer has seen how these accidents can disrupt lives and create financial uncertainty. If you suffered an injury because a property owner failed to keep their premises safe, you may be able to hold them accountable for your damages and suffering. Here is more about the most common types of premises liability claims and what to expect when you decide to take legal action against those responsible.
Common Types of Premises Liability Claims
Premises liability claims happen when property owners fail to keep their spaces safe, causing preventable injuries. If you suffered an injury, understanding the cause of the accident can help determine liability and strengthen your case. Some of the most common types of premises liability claims include:
Slip and Fall Accidents
Slip and fall accidents are one of the most frequent types of premises liability claims. These accidents often occur due to wet floors, uneven walkways, loose carpeting, or unmarked hazards. Your Las Vegas slip and fall lawyer can investigate the conditions that caused your accident, gathering evidence like maintenance records and witness accounts to establish negligence.
Property owners are responsible for addressing hazards that could cause visitors to fall. For example, failing to clean up a spill in a grocery store aisle can result in serious injuries like broken bones or head trauma. These cases focus on proving that the property owner knew, or should have known, about the hazard but did nothing to fix it.
Inadequate Security
Inadequate security can result in serious harm when property owners fail to take necessary steps to protect visitors. Poor lighting, broken gates, and malfunctioning security systems can create conditions where criminal acts, such as assaults or robberies, occur. Property owners must address these risks to keep their premises reasonably safe.
Poor Lighting and Visibility
Poor lighting in parking lots, stairwells, or hallways creates dangerous conditions that can result in trips, falls, or criminal activity. Property owners are responsible for maintaining adequate lighting to protect visitors from foreseeable hazards. Failing to address these issues can lead to liability when injuries occur.
Swimming Pool Accidents
Swimming pool accidents often result from hazards such as slippery decks, a lack of barriers, or missing safety signage. Property owners must take precautions to prevent injuries, especially when children are involved. Neglecting these responsibilities can lead to serious accidents, such as slips, falls, or drownings.
For example, failing to install a proper fence around a residential pool may allow unsupervised children to enter and suffer harm. Property owners are required to comply with safety regulations to reduce the risks associated with swimming pools. Your Las Vegas swimming pool accident lawyer can help determine if negligence played a part in your swimming pool-related injuries.
Common Injuries in Premises Liability Claims
Premises liability accidents often result in serious injuries that require extensive medical treatment and recovery. If you suffered an injury on someone else’s property, the severity of your injuries will determine whether you have grounds for a claim and how much compensation you could recover. These injuries can range from minor discomfort to long-term or life-altering conditions and might include:
- Traumatic brain injuries
- Spinal cord injuries
- Fractures and broken bones
- Soft tissue injuries
- Lacerations and scarring
These injuries often involve significant medical expenses, prolonged recovery, and disruptions to your daily life. For example, fractures may require surgeries, physical therapy, and time away from work to heal fully. If you are dealing with severe or life-changing injuries, such as a spinal cord injury or traumatic brain damage, your Las Vegas catastrophic injury lawyer can evaluate the full impact of your injuries and determine how much compensation you should be awarded.
How Property Owners Are Held Accountable
Property owners must keep their premises safe for visitors. If you suffered an injury on someone else’s property, holding the property owner accountable requires proving that their negligence directly caused your harm. Nevada laws establish clear standards for determining liability in premises liability claims as follows:
- Duty of care – Property owners must take reasonable steps to maintain safe conditions on their property. This includes fixing hazards like broken stairs, repairing loose handrails, and cleaning up spills promptly. When property owners fail to uphold this responsibility, they can be held liable for resulting injuries.
- Breach of duty – A breach occurs when the property owner does not address known hazards or provide proper warnings to visitors. For example, leaving a damaged sidewalk unrepaired without placing signs creates an unnecessary risk. Liability hinges on proving that the property owner knew, or should have known, about the hazard but failed to take action.
- Comparative negligence – Under NRS § 41.141, Nevada follows a comparative negligence system. This law reduces the compensation you may recover if a percentage of fault is assigned to you. If you are found 20% at fault for failing to notice a hazard, your total compensation will be reduced by that same percentage.
- Statute of limitations – According to NRS § 11.190(4), you have just two years from the date of the incident to pursue your claim. While certain exceptions may apply, specific circumstances must exist to extend this time limit.
Premises liability claims require compelling evidence to prove that the property owner’s negligence caused your injuries. Maintenance records, photos of the hazard, and witness statements are often essential to building a successful case. Working with an experienced legal representative can help you establish fault and pursue the fair compensation you need to recuperate.
Get Help From a Strategic Las Vegas Premises Liability Law Firm for Help Today
If you suffered an injury because of unsafe property conditions, you may be dealing with unexpected medical bills and time away from work. Your Las Vegas premises liability attorney at H&P Law has more than 60 years of combined experience pursuing premises liability claims and is prepared to help you hold negligent property owners accountable.
Contact us by phone or through our convenient contact form to learn more about how we can support you. Schedule your free, no-obligation consultation as soon as today.