If you or someone you know has been injured in an apartment complex, the landlord may be held liable for harm suffered, depending on the circumstances. Under Nevada law, property owners and managers must keep a habitable and safe environment. They must also maintain the premise in a manner that minimizes danger to both residents and guests. Like other personal injury cases, your actions shortly after the accident can significantly affect whether or not your legal rights are protected. Notably, an injured victim’s success in a premises liability case is directly related to his or her ability to prove that the property owner or manager was responsible for the accident due to negligence.
When Landlords May be Responsible
It is true that, under Nevada law, both the landlord and the tenant have legal obligations to keep the property safe. Typically, a tenant is responsible for keeping the inside of the property safe while the landlord is responsible for making sure the common areas — including parking lots, lobbies, hallways, sidewalks, swimming pools, stairs, and patios — are free of dangers. Landlords are held to a strict legal duty of keeping the property free and clear of dangerous conditions. A landlord who fails to meet this duty can be found negligent when someone is hurt due to the landlord’s acts or failure to act.
In order for an injured party to establish fault in a premises liability case:
- The landlord knew, or should have known, of the dangerous condition on the property;
- A reasonable landlord would have corrected the dangerous condition on the property;
- The landlord failed to take reasonable steps to correct the dangerous condition on the property, or failed to take reasonable steps to notify others of the dangerous condition on the property;
- The landlord’s actions, or failure to act, was the cause of the victim’s injuries.
Private properties — including apartment complexes — are required to have liability insurance coverage. A claim against a landlord is typically directed toward the landlord’s liability insurance company. An injured party may make a claim for monetary compensation to cover lost wages, medical bills, out of pocket expenses, and emotional distress. If the property is managed or owned by a government housing authority, there are special rules and procedures that must be followed to file a claim against the government facility.
Contact an Attorney
With state-mandated stay-at-home orders across the nation, even if they have been lifted over the past months, it is even more critical than ever for landlords to properly maintain their properties to minimize danger to tenants and visitors. When a landlord fails to meet the minimum requirements of the law, they should be held legally and financially responsible for damages due to another’s injuries. The skilled attorneys at H&P Law are well versed in this area of law and are prepared to handle your claim. If you have been hurt due to the negligence of another, contact our Hendersen or Las Vegas office to schedule your initial case evaluation.
