Premises liability cases — sometimes called “slip and fall” cases — happen when property owners fail to maintain a safe environment and visitors are hurt as a result. However, the Nevada laws surrounding premises liability are more complex than they may seem at first. The only way to know for sure if you have a viable case is to speak with a knowledgeable attorney, but it may be helpful to be familiar with premises liability law and how it works in your state. Here’s our guide to understanding premises liability in Nevada.
It’s easy to feel alone and overwhelmed after you’ve been seriously injured. However, when you work with a premises liability lawyer, your attorney can handle the details of your case so you can focus on healing.
The Basics of Premises Liability
How Do You Prove a Premises Liability Claim?
Nevada’s premises liability laws hold property owners accountable if their failure to maintain safe premises results in injury to another person. They aren’t intended to hold property owners automatically responsible for any injury that happens on their property.
If you are the victim in a slip and fall or other premises liability case, your legal team must be able to prove the following:
- There was a hazard on the premises.
- The property owner/manager knew or reasonably should have known about the hazard.
- The hazard directly caused your injuries.
- Because of your injuries, you have damages to collect.
Here’s a more in-depth look at each of these elements.
There Was a Hazard on the Premises
In order for a premises liability claim to be successful, you must be able to prove a hazard existed in the first place. These are some examples of hazards that often lead to premises liability cases:
- Dilapidated decks and stairs
- Poor lighting
- Tripping hazards (like boxes on floors)
- Dogs with a propensity to bite
- Broken or cracked pavement or asphalt
- Wet floors
- Insufficient security
- Loose or rumpled carpet
- Malfunctioning elevators.
Surveillance footage is ideal for proving the existence of hazards because it often will show how your injury happened as well. However, if there is no video footage, photos of the hazard or eyewitness statements might help build your case.
The Property Owner Knew (or Should Have Known) About the Hazard
This is a critical part of premises liability law. While property owners should be held accountable for hazards they knew about or should have known about, there are some instances where one could not reasonably expect the owner to have known.
For example, imagine you’re shopping and another customer drops a glass bottle of water on the floor in front of you; before you have time to react, you slip on the spill and fall, injuring yourself in the process. In this case, because the hazard appeared immediately before your accident, you could not have expected the store owner to have known beforehand. However, if the store had a chronically leaky roof and you slipped and fell on a puddle of water, you might have had a case against the owner or store manager.
The sooner you get in touch with us, the faster we can start working on your case. Call Leverty & Associates in Reno at (775) 322-6636 and schedule your free consultation today.
The Hazard Directly Caused Your Injuries
In some cases, this element is clear. However, in other cases, it may be more difficult to prove. For example, imagine you have a pre-existing back injury that has largely healed. You slip and fall, and the fall worsens your existing injury and adds another. Because the other side may try to argue you’re simply passing off an old injury as a new one, your attorney may need to call in medical experts to testify.
Because of Your Injuries, You Have Damages to Collect
If you want your premises liability case to be successful, you must be able to prove that you have suffered losses you need to be compensated for. These might include medical costs, loss of income, loss of quality of life, and more.
Can Someone Who Is Trespassing File a Premises Liability Lawsuit?
In most cases, property owners don’t owe a duty of care to people who trespass. However, Nevada law outlines a few exceptions.
Intentionally Causing Harm
If a trespasser enters a property and gets injured as a result, the property owner usually isn’t responsible. However, if a property owner sets a trap for trespassers or otherwise deliberately causes them harm, they might be liable for injuries.
Knowing the Trespasser Was on the Property and in Danger
If a property owner discovers that a trespasser is in danger, they must take reasonable action to prevent harm. For example, if a property owner spots a trespasser swimming in a pond and knows that alligators sometimes swim in that pond, they should warn the trespasser if at all possible.
Having an “Attractive Nuisance” on the Property
“Attractive nuisance” doctrine is a part of many state laws. Because children can be easily drawn onto other people’s property (and into dangerous conditions) when they see something fun, this doctrine requires property owners to take steps to protect trespassing children.
A sadly common example of an attractive nuisance is a swimming pool that is unfenced and uncovered. If a child wanders into the pool and drowns, the property owner may be held accountable even though the child was technically trespassing.
Have You Been Hurt on Someone Else’s Property?
Experienced Representation You Can Trust
Property owners and managers have an obligation to keep their properties safe for visitors, and those who do not should be held accountable. However, premises liability cases are sometimes more difficult to prove than they seem to be. If you want to maximize your chances of a positive outcome, an experienced attorney can make all the difference. The Leverty & Associates team has more than 70 years of combined experience, and we put that experience to work each day to get our clients the results they deserve.
If you have been injured because someone else failed to maintain a safe premises. We may be able to help. Call Leverty & Associates at (775) 322-6636 to book your free consultation today.