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.
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.
If you believe you may have a valid property liability claim, let the team at H&P Law know. Our Henderson premises liability attorney 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 refers to anyone who goes to a property for the sake of doing 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. As an 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.
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. 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 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 best property liability lawyer is part of a successful 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.
Partner with a Premises Liability Lawyer
H&P Law is a personal injury law firm that wants to hold negligent property owners accountable. Connect with our premises liability lawyer, and we can help you with your claim. To request a free consultation, contact us today.
