Premises liability cases are among the most common types of personal injury cases. Every day, countless people slip and fall or otherwise injure themselves on another’s property but do not have grounds for holding the owner accountable. How do you know if your accident is the kind that merits recompense?
Landowners and property managers have a duty to properly maintain property. A failure to maintain that property or to properly notify others of a potential danger may result in liability to the landowner and/or property manager in the event an individual is injured in an accident on the property.
To successfully pursue a slip-and-fall or trip-and-fall claim, the victim must prove that the owner had either actual or constructive notice of the dangerous condition. Actual notice occurs when the landowner actually knew of the dangerous condition. For example, if a leaky faucet causes water to accumulate on a bathroom floor in a restaurant, the landowner would have actual notice if they saw the spill. Constructive notice means the landowner will be considered to have notice if he or she had sufficient time to inspect the property for a dangerous condition yet chooses not to do so. In the example above, the landowner is required to do periodic checks of the bathroom to ensure cleanliness. If the landowner fails to periodically inspect the bathrooms, the landowner will be considered to be on notice regardless of whether he or she actually knew about the leak.
There are other factors that must be taken into account as well. The plaintiff must be a visitor or guest, for example. That is, the plaintiff cannot be trespassing on the property. If the plaintiff is a child, however, he or she may be entitled to compensation despite the trespass.
If you’ve been injured while on the property of another due to the owner’s or property manager’s negligence, H & P can evaluate your case and help you receive just compensation. Call them now at 702-912-4451.
Zachariah B. Parry is an attorney and founding partner at the law firm H & P and is an adjunct professor who teaches torts, contracts, and Nevada practice and procedure for UNLV’s paralegal program. He can be reached at 702-912-4451.
