There are many types of personal injury claims. One common claim is premises liability. This type of claim happens on another’s property as a result of poor maintenance or failure to notify of a dangerous condition on the premises. Not surprisingly, a premises liability claim is as strong as the evidence available establishing negligence on the part of the property owner. This will affect the insurance company’s willingness to pay or, if the matter does not settle before going to court, a jury’s willingness to find in favor of the victim. Below is a checklist that will be helpful in gathering evidence to support a Nevada premises liability claim:
- Collect all written communications between yourself and the property owner regarding the dangerous condition. This should include emails, text messages, letters, or anything else;
- Take pictures and video footage of the accident scene from multiple angles in order to show the dangerous condition that caused the accident;
- Be sure to take witness statements from anyone who saw the accident, or anyone who was aware of the dangerous condition;
- Immediately seek medical treatment for your injuries, using these medical records to document the harm suffered. If your injuries are serious, contact 9-1-1 to report the accident and get transported to local emergency care;
- Be sure to follow medical providers’ instructions consistently and carefully and partake in all suggested treatments and therapies for your injuries;
- Collect all police and other first responder reports relating to the accident.
Even if you do not have all of the above, be sure to contact a skilled Nevada attorney right away to review your claim and provide advice on your rights and obligations under applicable law.
Damages Available
The most common Nevada premises liability claims involve slip-and-fall claims as well as dangerous flooring claims against Las Vegas hotels. An injured plaintiff who successfully wins a premises liability case in Nevada may be entitled to monetary compensation to pay for the following:
- Medical bills and expenses;
- Lost past wages;
- Loss of future earnings; and/or
- Pain and suffering.
If the defendant’s actions, or lack of reasonable care, was especially egregious, a Nevada court may also order that the at-fault party pay punitive damages. Unlike compensatory damages, which are intended to make the victim whole again, punitive damages are intended to punish bad actors and to put others on notice that the bad behavior will not be tolerated. Punitive damages can be much higher than compensatory damages. Under Nevada’s comparative negligence laws, an injured victim may still be able to recover monetary compensation even if the victim was partially to blame for the accident, as long as the defendant was at least 50% at fault for the accident that caused the injuries.
We Can Help
When a property owner or manager fails to meet the minimum requirements to keep the premises safe for others, they should be held legally and financially responsible for damages caused resulting from another’s injuries. The skilled attorneys at H&P Law will fight for the monetary compensation you deserve. If you have been hurt due to the negligence of another, contact our Hendersen or Las Vegas office to schedule your initial case evaluation.
