People incur injuries on another party’s property all the time in Henderson, NV. When it happens, they may be entitled to compensation for their injuries under the premises liability law. The easiest way to assess their rights and find out how to pursue them is to consult a premises liability attorney in Henderson.
Under the premises liability law, property owners or managers have a duty of care towards the people on their property. They should be aware of any dangerous conditions and take measures to eliminate them or warn about their existence. This law applies to numerous types of cases. We will briefly review the most important ones below. If you are injured contact a law professional at Nevada’s best personal injury law firm and schedule a risk-free consultation.
Types of Cases
If you have been injured in one of the following ways you may have a premises liability case:
Slip and fall
People slip and fall on someone else’s property all the time. In some cases, it happens on wet and slippery sidewalks or in parking lots. In other cases, it occurs because of spills on supermarket and grocery store floors. Wet Casino floors seem to be a real slip-and-fall hazard in Nevada.
Trip and fall
These cases often involve cracked pavement, displaced floor or pavement materials, and torn carpeting. Merchandise deposited on the floor can be a cause of trip-and-fall accidents in supermarkets.
Falling from a height
Although not as frequent for a premises liability attorney in Henderson, these cases can include serious injuries. People fall and get injured in stairwells, elevator shafts, or pools. Sometimes, it occurs due to missing or loose railings, or on construction sites.
Injuries from falling, moving, and flying objects
Injuries caused by flying debris or tools in use are not too common. However, falling merchandise is. Occasionally, closing doors, falling chandeliers, and other moving items cause injuries as well.
Swimming pool injuries
Children are often the victims. A premises liability attorney in Henderson may come across unclean pools and decks or lack of supervision. Missing pool covers or fencing qualify as dangerous conditions as well.
They are frequent and dangerous. Since Nevada is one of the states with the one-bite rule, obtaining compensation for them can be difficult. Also, many bites follow justified provocation, and there is not much a personal injury lawyer can do for their victims.
Escalator and elevator accidents
Escalators and elevators often malfunction, many times due to lack of or poor maintenance. The injuries are often fatal or devastating. When they occur, the owner of the property or their maintenance provider should answer.
They are common on construction sites. They occur mostly due to exposed and faulty wiring. Since they cause serious burns and even death, their victims should turn to a premises liability attorney in Henderson for help.
At this point, things probably seem simple. Anyone can contact a Henderson liability lawyer and seek compensation for their injuries. But the reality is a little more complicated. Property owners and managers do not owe the same level of care to everyone coming on their property. Their duties and responsibilities vary according to the status of the victim. We will review the three possible statuses in the following lines.
Victim Statuses on Property and the Property Owner’s Duty of Care towards Them
The clients of a premises liability lawyer may have three different statuses on the property where they incurred their injuries. Their status will directly influence their right to compensation. They can be invitees, licensees, or trespassers. Let’s see what each status involves.
They are people present on the property with the owner/manager’s approval and in for the latter’s benefit. Friends, relatives, and neighbors are not the only ones who fit in this category. Business clients, shoppers, hotel and restaurant guests, and museum visitors qualify as invitees as well. So do patients seeking treatment in a hospital or private clinic, and contributors visiting public businesses to pay their dues.
Anyone from this category who incurs injuries on someone else’s property should contact a premises liability attorney in Henderson. This is the category to which the owner owes the highest duty of care. It includes identifying and eliminating dangerous conditions or at least warning about their existence. A premises liability lawyer should find it easier to prove their liability and obtain a fair compensation for their clients.
They are people who visit the property with the owner’s approval but in their own benefit or for the scope of their work. They could be plumbers, cable employees, or various service providers. To them, the property owner or manager has only limited obligations.
This obligation refers to a warning about existent dangers. However, no special measures are required. To obtain compensation for their injuries, they or their premises liability lawyer will need solid evidence. They will need to show the owner know about the dangerous conditions and did not warn them.
They are people who visit the property without approval. Generally, the owner or property manager does not owe them a duty of care. There are only two situations when they or their premises liability attorney could seek compensation from the owner.
The first one would require that the property owner/manager harm them intentionally. In the second one, the owner/manager is aware of their presence and the danger but refuses to take measures. Children are the major exception of the category.
Like most states in the U.S., Nevada adheres to the attractive nuisance doctrine. According to it, property owners/managers are responsible for dangerous conditions that could attract children. Common examples of dangerous conditions or attractive nuisances are:
- Seasonal decorations
- Construction sites
- Swimming pools
- Playground equipment
- Discarded appliances
- Abandoned vehicles
- Power cables
- Ground holes
If such conditions exist, the property owner/manager has the duty to prevent child access. No matter the circumstances, the burden of proof falls on the claimant. If they hire one, the premises liability attorney may take over the responsibility.
The Burden of Proof and How a Premises Liability Lawyer May Be Helpful
In order to obtain compensation, people who incurred injuries on someone else’s property need to prove that:
- There was a dangerous condition on the property
- The property owner was or should have been aware of that condition
- They neglected to eliminate measures or warn about the existence of the dangerous condition
- That condition led to the injuries and losses subject to the compensation claim.
A premises liability lawyer in Henderson will focus on proving “the reasonable”. They will try to show that any reasonable person would have acted differently than the property owner/manager did. If they succeed, their case is half-won.
It is important to keep in mind that proving the property owner/manager’s liability is just one part of the process. The other one is justifying the claimed compensation. Neither courts nor insurers care what the victim or their premises liability lawyer thinks. They will only consider relevant evidence. The nature of the evidence may vary according to the type of damages claimed.
Types of Damages
Depending on how serious the injuries were and what consequences they had, the victim may claim:
This is possible if the victim damaged or lost some valuable assets they had on them. Common examples are smartphones, watches, jewelry, or designer clothes and accessories. To recover them, the claimant or their premises liability lawyer will have to prove the loss or damage. They will also have to prove the value of the respective assets. They can prove the loss using witness testimonies, photos, and recordings from the injury scene. To prove the value, they may use invoices or receipts, or price offers for the same or similar products.
These can go from consultations to hospital bills, surgery, implants, and home care. The victim or their premises liability attorney will need medical reports and treatment recommendations. They will need hospital bills, pharmacy receipts, and invoices. They should all be on their name and related to the injuries they sustained.
This category of damages refers to the income the victim may have lost by missing work during recovery. It also covers future earnings the victim may lose if they remain disabled or need long-term treatment. To prove the need for time off work, the premises liability lawyer may use doctor recommendations. To justify losses, income statements, company benefit packages descriptions, and witness testimonies may help.
Pain and suffering
These damages are usually available to victims who incur serious injuries or disability. Scarring, disfigurement, depression, and anxiety cases may qualify as well. To prove the pain and suffering, the premises liability attorney in Henderson may use psychiatric evaluations and witnesses. They may request expert testimonies and use specialty research and case precedents.
Courts will award these in rare cases, to punish the property owner/manager. In order to obtain them, the premises liability lawyer will need to prove egregious negligence or intentional harm.
Depending on the case circumstances and the available evidence, premises liability claims can reach huge amounts. It should come as no surprise that most defendants will do everything they can to avoid paying. One of the strategies they use is to blame the claimant for their injuries.
Nevada Comparative Fault Principle
Under Nevada laws, several parties can share fault in a case. For a premises liability claim, that would mean that both the property owner/manager and the injured were at fault. Their share of fault determines the share of the damages each party has to cover.
Let us take as an example a hotel or casino guest who slips and falls on a wet floor. Let’s say the total damages rise to $40,000. Because the claimant was under the influence of alcohol at the time, the court decides they were 25% at fault. This means they will only recover $30,000 worth of damages.
Under the circumstances, all claimants should be prepared to prove their innocence. It is in the defendant’s best interest to try to prove their contributory negligence. If they succeed, they may even convince the court to dismiss the claim.
This can happen if the defendant proves the claimant was more than 50% at fault for their injuries. That is why all claimants should consider working with a premises liability attorney in Henderson. The reasons are even more numerous. We will list only the main three.
More Reasons to Work with a Personal Injury Attorney
- To avoid delays and losing the right to compensation. Premises liability claims are subject to strict deadlines. These deadlines are called statutes of limitations. They allow the claimant two years to recover damages related to injuries. For property damage, the deadline is for three years. However, given the necessary evidence and troublesome formalities, the process should begin much sooner.
- To save time, money, and effort. Premises liability claims take investigations, formalities, and lengthy negotiations. Without the help of a premises liability lawyer, the claimant will need to take time off work. This will cost them money. They will need to make an effort to learn the applicable laws and procedures and follow them. If they work with one, the lawyer takes over all hassles and only keeps them informed of their progress.
- To get higher compensation. A premises liability attorney will always obtain higher compensation than their clients could secure by themselves. They will acquire more evidence, organize it better, and be more convincing. If they receive a settlement offer, they will know to appreciate it if it is worth accepting. They will negotiate until they obtain the compensation their client deserves.
At Nettles Morris Law Firm, we offer something extra: a free case review. We give our clients the chance to find out if they have a case and how much it is worth without paying. They will also receive answers to their questions and advice on how to proceed, with no strings attached.
Contact Nettles Morris Law Firm in Henderson, NV
If you incurred injuries on someone else’s property, this is your chance to find out where you stand. Take advantage of it by calling our office at (702) 410-6239 or filling in the contact form! The FREE consultation with our premises liability attorney in Henderson will provide the information and guidance you need.