When most people think of premises liability cases they typically only think of slip and fall accidents. In fact, premises liability encompasses many different types of cases that result in injuries. Under Nevada law, an injured person may recover monetary compensation for harm suffered on another’s residential or commercial property if it was unsafe. This is because when a property owner or operator does not maintain the premises in a safe manner and someone suffers injuries because of this, the owner or operator can be held legally and financially liable for harm.
Types of Property Uses
There are three types of visitors to a property: licensee, invitee, and trespasser. In some states, the level of duty owed by a property owner or manager to a visitor is dependent upon their status in one of these three categories.
- Business invitees: A person who owns and runs a business owes the highest duty to customers that come onto the property. This is because the business owner invites patrons to enter the property for his or her benefit, making the customer an “invitee.” As a result, the owner or operator must take reasonable care to inspect the premises and fix any potential dangers. An owner or operator must actively look for hazards and promptly repair them.
- Licensees: A property owner or manager owes a significant duty to those who enter onto the premises for a mutual benefit, known as “licensees.” Licensees are not customers, but persons invited onto the property. A property owner or manager must warn his or her guests about any dangers on the property or promptly repair them. An owner or manager does not have a duty to take active steps to inspect the property like they do for business invitees, but instead has a reasonable amount of time to discover the hazards. If an obvious danger exists on the premises, the guest should be notified to avoid that danger.
- Trespasser: While a property owner or manager has the lowest level of duty owed to a trespasser on the premises, he or she can still face legal and financial liability for an intruder who is hurt in particular circumstances. Specifically, a property owner or manager cannot intentionally injure trespassers or set traps in order to harm them. There is, however, one important exception to the duty owed by property owner or manager to a trespasser. When the trespasser is a minor child, and the property has things on the premises that a child may want to play with, the owner or manager of the premises may be held legally and financially liable if the child is hurt. This legal doctrine is called the “attractive nuisance” rule and prohibits a property owner or manager to have a dangerous or unsecured item or condition on the property that a child may want to use and sneak onto the property to access.
Premises Liability Attorneys
If you are hurt on another’s property in Nevada, whether a residential or commercial premises, an experienced personal injury attorney can help you pursue monetary compensation for harm suffered. It is critical to work with a skilled attorney so that he or she can properly evaluate the type of duty that was owed to you by the property owner or manager at the time of the accident. The experienced attorneys at H&P Law can carefully prepare your case and pursue the best possible outcome under the law and based on your specific facts. Contact us today.
