If you get hurt on someone else’s property in Henderson, you are not necessarily at fault. A property owner may ultimately be responsible for your injury. To find out if this is the case, consult with a Henderson personal injury lawyer.
At H&P Law, we give your personal injury case the attention it deserves. Our Henderson premises liability lawyer is available to learn about you and your case and help you decide whether to move forward with a claim. For more information, contact us today to put our combined 60 years of experience to work for you.
Premises Liability Definition
Those involved in a premises liability case claim a property owner did not practice a reasonable amount of care. As a result, the owner put people in danger and caused someone to suffer an injury or fatality. If the owner is found to be negligent, they may be required to pay economic and non-economic damages to anyone they harmed.
You can submit a property liability claim against a homeowner or business operator. Common reasons why people file liability claims against property owners include slip and fall accidents, exposure to chemicals, and poor lighting or maintenance. There are also instances where individuals sue on the grounds of property liability due to dog bites, so be sure to talk to a Henderson premises liability attorney today.
If you believe you may have a valid property liability claim, let the team at H&P Law know. Our team can evaluate your case. To get started, reach out to us.
Premises Liability in Nevada
Just because you get hurt on someone else’s property does not mean you can get compensation from this individual. There are three categories of people who visit a property, and where you fall may impact your ability to pursue damages. Here is a look at these categories and what they entail:
- Invitee: An invitee is anyone who goes to a property to do business with the owner. For example, you may visit a grocery store. When you do, you are an invitee, and the owner must warn you about any dangers present on site.
- Licensee: If you are a licensee, you are considered to be an invited guest. For example, a friend may invite you over to their home for a barbecue. In this situation, you are an invitee, and the owner is expected to tell you about any issues on the premises that could put your health and safety at risk.
- Trespasser: Anyone who enters a property without the owner’s permission is considered to be a trespasser. Per Nevada Revised Statutes (NRS) §41.515, there are limitations on the liability an owner has if someone illegally goes onto their space and gets hurt. At the same time, there are instances where a trespasser may be entitled to seek damages from a negligent property owner.
For instance, NRS 41.515 includes a stipulation relating to children. If an individual has a swimming pool or another “attractive nuisance” that is ungated, a child may enter the property and get hurt without permission. Regardless, the owner may be subject to a liability claim.
Examples of Types of Premises Liability Accidents and Cases
Premises liability accidents can occur for various reasons but often are preventable types of incidents. If you are unsure if your situation qualifies as a Henderson premises liability claim, reach out to our legal team for a free consultation. Some examples that may demonstrate what premises liability can mean include the following:
- Uneven sidewalks or parking lots: If the surface is expected to be smooth and easy to navigate, that can become a fall risk. Uneven sidewalks, potholes in the roadway, or parking lots with trip hazards often cause such accidents.
- Wet and slippery floors: In some cases, the surface of the floor is wet, slippery, icy, or otherwise unsafe. If there is no warning and the property owner fails to remedy the situation, they could be liable for your losses.
- Negligent security: Property owners must keep their property safe from expected risks, such as assault and violence of other forms. If the property owner should have expected such risks but failed to protect against them or warn of them, they could be liable.
- Swimming pool accidents: Incidents related to swimming pools, including children who wander onto another person’s property, are some of the most devastating of premises liability claims.
- Falling on stairs: If a stairway or platform lacks proper railings or is unsafe, but the owner failed to warn or did not provide safe passage, then they could be responsible if you fall.
Establishing that the property owner knew of a risk or should have known of a risk and failed to take action to protect someone who is rightfully on their property makes them responsible for the victim’s losses. Your lawyer will analyze the details of your accident to determine if premises liability laws apply. If so, you can begin building a claim against those who allowed you to suffer injury.
Legal Obligations of Property Owners
Property owners must maintain safe property if they allow others to visit their own. That is, the property owner maintains a duty of care to keep the property safe for anyone who visits, but they do not act as an insurer for all accidents that occur there. Rather, it is critical to show that the property owner’s actions were unreasonable.
To determine if they are reasonable, we first need to consider who the visitor is, as noted above as an invitee, guest, or trespasser. The victim must prove that the property owner – whether residential or commercial, acted in a negligent manner. That means a dangerous condition must have existed, and the defendant must have known or should have known of the hazard present.
Note that in some situations, there is inherent risk, meaning that the person visiting the property should expect some level of danger. A person going to a baseball game recognizes some level of risk of being hit by a ball. Limitations of this type of risk apply in most situations.
When to File a Premises Liability Claim
Based on NRS §11.190, the period of limitations for a personal injury claim in Nevada is two years. This gives you a maximum of two years from the date you suffer an injury on someone else’s property to submit a claim. Those who decide against filing a claim are solely responsible for their injury costs.
A premises liability lawyer in Henderson can help you with your claim right away. They can work with you to gather evidence that shows a property owner was negligent. Evidence may include photos, videos, police reports, and medical records.
To prove negligence, you must establish that a property owner had a duty of care toward you and violated this legal obligation. Also, you must make it clear that the owner’s actions caused you to suffer an injury that resulted in damages. A premises liability attorney in Henderson can help you build an argument designed to compel a judge or jury to rule in your favor.
How Much Your Property Liability Claim Is Worth
If you want the best case results, hire an experienced attorney. This gives you access to a lawyer who can help you calculate your damages. Your attorney may encourage you to pursue economic and non-economic compensation for many reasons, such as:
- Medical bills
- Lost wages
- Pain and suffering
Economic damages are quantifiable, while non-economic ones are subjective. In addition to these, a judge or jury may award punitive damages under NRS 42.005. You may receive punitive compensation if the court wants to deter an at-fault party from engaging in future negligent acts.
How to Submit a Property Liability Claim
In many cases, you can submit a claim through a property owner’s insurance company. The claim may go through the owner’s renters or homeowner’s insurance policy. If your injury happened at a business, you may pursue compensation through the company’s liability coverage.
Filing an insurance claim is a great starting point to get compensation, but it does not guarantee anything. An insurance provider may ignore or contest your claim. It may also reach out to try to get you to accept a lowball settlement or take the blame for your injury.
It is important to note that comparative negligence (NRS: Chapter 41) may impact your ability to get compensation from an insurance company. If you are found to be partly responsible for your injury, the damages you receive can be reduced by your percentage of fault. Meanwhile, if the defendant in your case can show you were primarily at fault for your injury, the court will rule in their favor, and you will not receive any compensation.
What it Takes to Resolve a Property Liability Claim
Do not expect an instant resolution to your claim. It may be months or years before you get compensation. No matter what happens, keep in touch with your attorney at every stage of your litigation.
The most trusted property liability lawyer is part of a successful group, so be sure to meet our team. They work in lockstep with you to negotiate a settlement. If no agreement is reached, your attorney helps you bring your case to trial.
If you go to trial, there is no need to be afraid. Your attorney explains what can happen during your trial and delivers an argument that may resonate with a judge or jury. Ideally, a judge or jury will understand your point of view, and this may lead the court to award you 100% of the damages you have requested.
Challenges in Receiving Compensation in Premises Liability and How to Strengthen Your Case
What makes a premises liability claim challenging is not a single factor but a combination of elements that are often overlooked. Proving premises liability applies in your situation means showing that the property owner knew about the risk and failed to act. For example, if you fall because another customer spilled a drink, we must evaluate whether the location should have known of the risk and had a reasonable amount of time to take action.
The challenges of premises liability law can also include proving loss. Just because a person falls and suffers embarrassment does not mean they have the right to file a claim for losses. Most of the time, you must demonstrate that the accident directly caused injury and financial loss. If you stood up and went about your business, chances are good that this does not apply.
The open-and-obvious defense strategy is very commonly used by defendants, which implies that the plaintiff should have known there was a risk or that you should have expected some level of risk. Defining that fine line between what an expected risk is, such as the baseball into the stands, or a risk that is not expected, is challenging in some scenarios. Having a Henderson premises liability attorney capable of fighting for you in these cases can be critical, so be sure to read our frequently asked questions to learn more.
How to Strengthen Your Premises Liability Claim
You suffered injuries that could have been avoided if the property owner had met their obligation. Proving that can be challenging, but there are numerous methods you can use to strengthen your case with the help of a Henderson premises liability lawyer. Keep these in mind should you suffer such an injury:
- Get medical care immediately after the incident. This helps to make it clear that your injuries came from the accident.
- Demonstrates that you have the right to be on the property or have no reason to believe you should not have been there.
- Provide clarity on what your losses are by documenting the impact of the accident. Then, back up all of these claims with evidence.
The single most important factor to consider is the use of an attorney. Having an attorney who will help you build a strong case is critical. If not, you may face challenges that are simply not fair.
Partner With Our Henderson Premises Liability Lawyers to Get the Justice You Deserve
H&P Law is a personal injury law firm that wants to hold negligent property owners accountable. Connect with our Henderson premises liability lawyer, and we can help you with your claim. To request a free consultation, contact us today.
