As the owner of a home, business, land, or another piece of property, you owe certain standards of care to keep the premises safe for others. Failure to uphold these duties can result in serious injury. If you have been injured on someone else’s property due to negligence, you may be able to recover damages from the property owner by filing a premises liability claim.
Common Types of Premises Liability Accidents
Premises liability accidents are special and separate from other types of claims, such as auto accidents. Property owners owe unique duties of care to visitors that other parties do not, such as a duty to check an area for hidden hazards before welcoming guests and visitors to enter.
The following issues can all give rise to premises liability lawsuits if the property owner fails in his or her duties:
- Assault or robberies
- Building Collapses
- Dog Bites or animal attacks
- Elevator/escalator accidents
- Exposures to hazardous substances
- Fires or floods
- Inadequate security
- Parking lot incidents
- School or playground accidents
- Slips and falls
- Staircase accidents
- Swimming pool accidents
Any type of premises defects that the landowner knew or reasonably should have known about may be an element in a premises liability claim if it caused your injuries. You must prove that the defendant was the party in charge of maintaining the land at the time of the accident, that the defendant was negligent in this duty of care, that this negligence caused your accident, and that you suffered damages as a result.
In many cases, other parties such as maintenance companies, flooring installers, and architects may need to be brought into the case if their actions or inactions contributed to the injury. Our attorneys can help with this burden of proof in Nevada.
Merely being injured on someone’s property—even if it is a serious injury—is not always sufficient to create liability. Like all negligence cases, the elements of premises liability claims generally follow the same format:
- The defendant owed a duty of care to the plaintiff;
- The defendant breached the duty;
- The breach caused an injury to the plaintiff; and
- The plaintiff suffered damages as a result.
Accordingly, when it comes to premises liability, landowners (or occupiers of land, such as the operator of a grocery store on leased land) have a duty to maintain and keep their property in a reasonably safe condition to avoid injuring those who are on the property. Failure to maintain safe premises constitutes a breach of that duty, and an individual suffering an injury as a result of an unsafe condition may be able to hold the property owner legally liable.
How We Can Help
One of the best ways we can help during a premises liability claim is to combat the common defense of a plaintiff’s comparative fault for the incident.
Defendants and their attorneys will frequently try to minimize or escape liability for a premises liability accident by alleging that the plaintiff could have prevented the accident or was at fault for their own injuries. For example, a defendant may try to say that a “reasonable and prudent” grocery shopper would have seen the spilled milk and stepped around it, but since the plaintiff was texting and walking, he or she is to blame. It is your attorney’s job to contest these claims, prove the defendant’s fault, and maximize recovery.
In Nevada, modified comparative negligence laws hold that a plaintiff may still recover at least partial compensation as long as the courts find him or her not more than 50% responsible for the accident. We will do everything in our power to display to a judge or jury that the defendant has the majority of fault for failing to keep a property free from hazards. With our assistance, you can maximize your recovery by minimizing your percentage of fault.
Contact an Experienced Las Vegas Premises Liability Attorney
If you suffered any type of premises liability injury while in a casino, bar, restaurant, club, grocery store, on the street, in a parking lot, or elsewhere in Las Vegas, Nevada, contact Cap & Kudler today to schedule a free consultation session. With decades of experience handling personal injury cases just like yours, we can help you fight for your right to compensation for your injuries.