Premises Liability


What is Premises Liability?

So what does premises liability mean? Put simply, “premises liability” is a category of civil law dealing with the responsibility a landowner (or someone that manages or controls a property) owes to the people on its property, particularly those who are involved in an on-premises accident or on-premises injury.

Premises liability law examines what protections were put in place to protect visitors to the property and compares them to what protections should have been put in place to prevent the on-premises accident.

There are some on-premises injuries that the law says the landowner has to pay for, and others that the law says the landowner is not responsible for. A premises liability attorney can help you determine whether your injuries fit in the former or latter category.

Premises liability law finds its roots in negligence law. A landowner is generally going to be responsible for injuries that occur on its property where all the elements of a premises liability case are met:

  • There is a dangerous condition on the premises;
  • The landowner either (1) caused, (2) knew about, or (3) should have known about (had it been exercising reasonable care it would have known about) the dangerous condition; and
  • The dangerous condition actually and proximately (in a foreseeable way) caused injury or loss to the visitor.

A premises liability attorney is going to look first for a dangerous condition to see if the case fits well into a premises liability theory.

A premises liability attorney in Henderson, Nevada is also going to be familiar with standards casinos should be using to ensure the safety of its guests.

Premises Liability Cases

Winning premises liability cases is about more than just getting hurt on someone else’s property. Indeed, Nevada law declares that a landowner is not an insurer of the safety of its guests. There must be some dangerous condition. And if there is a violation of a statute, code, or ordinance aimed at safety, you could have a negligence per se claim.

Although there is no limit to the different types of premises liability cases, here are a few examples:

  • Large height differential between walking surfaces;
  • Open pits in the ground;
  • Stairs with no handrail (or inadequate handrail);
  • Business with inadequate security;
  • Slippery surfaces;
  • Foreign objects on walking surfaces;
  • Tripping hazards;
  • Accessible pools with no fence;
  • and many more.

Most property owners, whether the property is a business or residence, carry some sort of liability insurance to pay for injuries caused to people on the premises due to the owner’s negligence. Landlord premises liability insurance, including commercial premises liability, is a contract between the insured and the insurer whereby the insurer agrees to indemnify (pay for losses caused by) the insured and defend (hire an attorney for the defendant if sued).

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For more information about these types of cases, click on the link and give us a call. If you have questions about other injuries, call anytime and speak to the friendly premises liability attorneys in Las Vegas, Nevada, H&P Law. We are also easily reachable by email or through the contact forms on this site.