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Premises liability is a specific area of personal injury law that holds property owners and occupiers responsible for certain injuries suffered by individuals while on their property. In Nevada, property owners have a legal obligation to maintain a reasonably safe environment for visitors. If someone is injured as a result of a hazardous condition that the property owner knew about or should have known about, the owner may be held liable for damages. This area of law covers a variety of situations, such as slip and falls, inadequate maintenance, dog bites, swimming pool accidents, and more.
Premises liability cases can be complex due to the need to prove not only that a dangerous condition existed, but also that the property owner had actual or constructive knowledge of the hazard and failed to address it. You may need a lawyer if:
A skilled premises liability attorney can help gather evidence, negotiate with insurance companies, determine liability, and represent your interests in court if necessary.
Nevada premises liability law establishes that property owners owe a duty of care to visitors, but the level of responsibility can vary based on the visitor's legal status. Generally, visitors are classified as invitees, licensees, or trespassers. For invitees, such as customers in a store, owners must actively inspect for and repair hazards. For licensees, like social guests, a slightly lesser duty exists, mainly warning about known hazards. Trespassers receive minimal protection, although there are exceptions, especially for children (attractive nuisance doctrine).
Key aspects of Nevada law include:
Premises liability covers incidents like slips and falls, dog bites, swimming pool accidents, elevator or escalator accidents, injuries from falling objects, and injuries from inadequate security leading to assaults.
Generally, property owners owe very limited duty to trespassers. However, there are exceptions, such as cases involving children who are attracted to a dangerous condition on the property.
You need to demonstrate that a dangerous condition existed, the property owner knew or should have known about it, failed to take reasonable steps to fix or warn about it, and that you were injured as a direct result.
You generally have two years from the date of your injury to file a lawsuit. Failing to file within this time frame may result in losing your right to seek compensation.
Yes, Nevada follows a comparative negligence rule. Your compensation may be reduced based on your percentage of fault. If you are more than 50 percent at fault, you may be barred from recovering damages.
Liability may fall on property owners, tenants, occupiers, property management companies, or even maintenance companies depending on who controlled or created the hazardous condition.
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, rehabilitation costs, and sometimes punitive damages in cases of extreme negligence.
No, many claims are settled out of court through negotiations with the property owner’s insurance company. However, some complex or contested cases may require litigation.
It is advisable to consult with an attorney before speaking with the insurance company. Insurers may try to minimize your claim or use your statements against you.
Seek medical attention, document the hazardous condition, take photographs, report the incident to the property owner or management, collect witness information, and consult with an experienced premises liability lawyer.
For more information about premises liability in Nevada, these organizations and agencies may be helpful:
If you believe you have a premises liability claim in Nevada:
An attorney can help you evaluate your claim, gather necessary evidence, negotiate with insurance companies, and guide you through the legal process to pursue proper compensation for your injuries.
