People who are hurt in a Nevada business or home may have a valid premises liability lawsuit based on the legal theory of negligence. Under this doctrine, owners or managers of property must keep the premises in a reasonably safe condition at all times, and must warn others of dangerous conditions on the premises that are not open and obvious. When someone is hurt while visiting a Nevada business or home, the injured party may be entitled to monetary compensation for injuries suffered under premises liability law.
Winning the Case
In order for an injured victim to succeed under Nevada’s premises liability rules, he or she needs to establish the following three elements:
- A dangerous condition existed on the premises;
- The property owner, manager, or tenant knew or should have known about the dangerous condition; and
- The dangerous condition was the cause of the victim’s injuries.
A plaintiff must establish these elements by a preponderance of the evidence. This means that he or she must show that the defendant’s negligence, or breach of duty of care, was more likely than not the cause of the plaintiff’s injuries.
A dangerous condition is exactly what it sounds like. Some examples of a dangerous condition that may exist on a property include:
- Tripping hazards;
- Gas leaks;
- Slippery surfaces;
- Exposed live electrical wires; and
- Unstable trees or other vegetation.
There are many ways to prove the existence of an unsafe condition on a property, but the most common ones include using photographs of the accident scene, eyewitness testimony linking the injuries to the accident, surveillance video footage of the accident and, perhaps just as compelling, the plaintiff’s medical records following the accident.
If a personal injury plaintiff wins his or her lawsuit by showing all three of the above elements of the claim, he or she may be awarded monetary compensation for:
- Medical expenses;
- Lost past wages;
- Loss of future earnings; and
- Pain and suffering.
If the property owner, manager, or tenant’s behavior and lack of reasonable care toward the injured party was particularly bad, a Nevada court may also order that the defendant(s) pay punitive damages. Just like in other states across the nation, punitive damages can be much higher than compensatory damages as their purpose is not to make the victim whole, but rather to punish the bad actors.
Under Nevada law, even if the injured party was partially at fault for causing his or her injuries, the state’s comparative negligence laws allow a plaintiff to recover damages as long as the defendant is found to be at least 50% at fault for the accident.
Legal Help in Nevada
If you or a loved one has been hurt on someone else’s property in Nevada, whether a private residence or a commercial business, you may be entitled to monetary compensation depending on the facts of your case. After first seeking medical treatment right away, contact our Las Vegas personal injury attorneys at H&P Law. Our skilled lawyers will fight for the compensation you deserve. Contact us today.