Las Vegas Premises Liability Lawyer

This section reviews some of the places where premises liability accidents happen in Las Vegas.

Casinos and Hotels

Las Vegas casinos and hotels are busy in Vegas almost year round. That amount of people alone adds to the risk. When places are busy, things happen constantly, like:

• Floors get wet
• Objects get dropped
• Escalators and elevators break down
• Security issues can come up, especially in crowded areas

Restaurants, Bars, and Nightclubs

Restaurants, bars, and clubs are places where people and activity move fast.

People spill drinks, floors get sticky, crowds start to pack the place. If these types of venues aren’t well managed then it can create risk.

Lighting can be low, and it’s not always easy to see what’s right in front of you. Add in security concerns, and it’s easy to see why these kinds of venues are commonly seen in premises liability claims.

Shopping Centers and Retail Stores

Retail spaces have their own unique challenges in terms of liability.

The more people that enter stores, the harder it is to keep them in order. The aisles can become cluttered and merchandise can fall from shelves. People get focused on their shopping and don’t watch every step they take, which can make hazards in stores more risky

Apartment Complexes and Residential Properties

Not every risk happens in a public place. Apartment buildings, for example, sometimes have these risks:

• Poor lighting
• Broken stairs
• Areas that aren’t well maintained
• Security concerns

Sidewalks, Parking Lots, and Public Areas

Property owners are expected to address hazards all over their premises, even in places you may not expect. Even sidewalks, if they are part of someone’s property, can lead to liability issues. Property owners need to pay attention to hazards such as cracks, debris, poor lighting, etc.

Pools, Waterparks, and Entertainment Venues

Any kind of environment where people come to socialize and let loose can lead to circumstances where people aren’t focused on avoiding hazards. In Las Vegas, there are so many entertainment venues, the owners of these properties need to be extra sharp in risk mitigation.

Construction Sites and Work Areas

Construction site managers need to be very careful to make sure there are no obvious hazards for their employees and people visiting the site. Some common hazards here include falling objects and unsafe equipment.

This section looks at some of the more common premises liability injuries.

Traumatic Brain Injuries and Head Trauma

A traumatic brain injury or a TBI is when an injury disrupts brain function. This can range from a mild injury like a concussion all the way to severe injuries.

Broken Bones and Orthopedic Injuries

Breaking a bone can lead to short term loss of quality of life. What’s more is that injuries like broken bones, fractures and ligament injuries may require surgery or a long recovery period.

Spinal Cord and Back Injuries

Injuries to the back or spinal cord can be life altering. These can lead to long-term daily pain or permanent disability.

Burns, Electrocution, and Severe Trauma

Burns and electrocution can lead to extensive medical treatment.

Psychological Injuries and PTSD

Some injuries and traumatic events can lead to long lasting emotional and mental side effects. For example, if someone goes through something traumatic at a bar or a concert, they may get anxiety when trying to be in similar environments in the future.

This section takes a look at some of the different parties that might be responsible for a hazardous incident on a property.

It’s not always as simple as blaming the owner. Liability often comes down to who was responsible for controlling the property plus fixing and preventing hazards.

Property Owners

The property owner is often the starting point for an investigation into a premises liability case. If it turns out they are responsible for the maintenance of the property, they may be responsible. This extends to homeowners, landlords, commercial property owners and more.

Property Managers and Tenants

A lot of times, the owner isn’t the one who handles the day to day maintenance of the property. If it turns out that the maintenance of safety on the property was someone else’s responsibility, the liability may be shifted onto them. Some of the groups this may apply to are:

• property managers
• tenants
• leasing businesses

Business Operators

Someone who runs a business on a property may be responsible for hazards on the property. Businesses who invite customers onto their property may be responsible for the safety of those customers.

Contractors and Third Parties

Many property owners and businesses hire outside companies to perform maintenance. If this third party created the hazard in question or did not address it properly or in a timely manner, they may be responsible.

Government Entities

It may turn out the government was responsible but keep in mind that the rules for public property are a bit different.

For example, in Nevada, the law may limit claims against public entities when it comes to inspecting and discovering hazards.

In Nevada, it’s not always a zero sum game of fault is not an all-or-nothing concept in terms of liability. Multiple parties can share responsibility for events that take place.

50% Bar Rule Explained

Nevada has a modified comparative negligence rule. This means that if someone is found to be over 50% responsible for an incident, they cannot then sue to recover damages.

How Fault Reduces Compensation

If you are partially at fault for an incident but not more than 50% at fault, you can still recover some damages.

Real-World Example of Shared Fault

For example, if someone slips on an unmarked wet floor but they were also distracted, fault may be shared.

Let’s say their damages are $100,000. If they are then assigned 25% of the fault, their recovery is reduced by that percentage.

So, that means $25,000 would be deducted from that $100,000 total, leaving them with $75,000.

This is how Nevada handles shared fault. The more responsibility assigned to you, the more your recovery is reduced.

All cases are different and compensation is not always available. When compensation is available, it is generally tied to how the injury has affected one’s life.

Economic Damages

These are damages that are directly tied to monetary amounts. They can usually be easily totaled up, some examples include:

• Medical expenses, past and future. This can include emergency care, treatment, and long-term needs.
• Lost wages and loss of earning capacity. One may recover income lost during recovery and future losses.
• Permanent disability and life impact, compensation may reflect long-term limitations.
• Property damage, damaged personal items may be included.

Non-Economic Damages

These are damages that aren’t tied to specific economic amounts. Non-economic damages are harder to quantify. For example, they may have to do with aspects like “pain and suffering,” which include physical and emotional impact.

Punitive Damages

These are extra damages meant to punish someone. These may apply in rare cases involving extreme conduct. The law in Nevada allows for imposing penalties onto someone when they act with willful or wanton disregard for the safety of others and causes serious harm.

This section reviews how one may prove their premises liability claim.

Evidence Needed to Support Your Case

Photos, Video, and Incident Reports

It’s important to have documentation of the hazard in question. Some good examples can include:

• images
• video footage
• reports

Medical Records and Expert Opinions

Medical records can be important evidence because they can support a connection between the injury and the incident.

Witness Statements

Witnesses’ statements are vital because they can help to confirm what happened and conditions at the scene.

Burden of Proof in Nevada Cases

In Nevada, one must show it is more likely than not that negligence caused the injury.

Here are some steps you can take if you were injured on someone else’s property.

Seek Medical Attention Immediately

First off, make sure you are safe. Getting care quickly can help to protect your safety and also helps document the injury.

Report the Incident

It’s important to notify the appropriate party and create a record of the incident.

Document the Scene and Conditions

Remember to document the scene, take photos and videos and get the contact information of witnesses.

Avoid Speaking to Insurance Adjusters Alone

It may help to avoid speaking to insurance companies alone until you have spoken with a lawyer. Statements you make on the phone with insurance companies are often recorded and can be used to reduce or deny claims.

Contact a Premises Liability Lawyer

While you don’t have to hire a lawyer, working with a qualified Las Vegas premises liability lawyer early can help preserve evidence and evaluate your case.

In the state of Nevada, most claims must be filed within two years of the injury.

There are some special situations involving premises liability cases, here are descriptions of some of the more common ones.

Injuries Involving Children

The law gives added protection to children in some situations. Property owners are expected to take this into account.

Under Nevada law, an owner can still be liable if a child is injured by a dangerous condition, even if the child was not supposed to be on the property.

This rule can also apply when a condition is likely to attract children and create a serious risk that kids may not understand.

Liability Waivers and When They Apply

A waiver may be part of the process before you enter or take part in an activity. It is fairly common.

Even then, it does not always stop a claim. Some of these agreements can be challenged based on the situation.

Negligent Security and Crime-Related Injuries

Not every case comes down to a hazard on the ground. Sometimes it involves someone else’s actions.

The issue then is whether the risk could have been expected ahead of time. Poor security or a history of similar problems can affect how the claim is looked at.

Investigating the Property Owner’s Negligence

These cases can turn into disputes faster than most people expect. A property owner may deny there was any issue. An insurance company may question how the injury happened. It can take time to sort through both sides. A lawyer can step in and handle the process while your case moves forward.

Handling Insurance Companies and Defense Teams

It is common to hear from insurance early on. An adjuster may ask you to explain what happened. They may also try to move the claim along faster than expected. A lawyer can step in and handle those conversations.

Working With Experts to Build Your Case

Some cases call for added support. Medical professionals can explain the injury and treatment. Other experts can explain safety conditions. Their input can help clarify what happened.

Negotiating Settlements or Going to Trial

Many claims are resolved through settlement. Still, each case should be prepared as if it could go to trial. That level of preparation can affect how the other side responds. If needed, the case can move into the court system.

If you or a loved one was injured due to unsafe property conditions, you may have legal options. You can request a free consultation with a Las Vegas premises liability injury lawyer here.

Come see us, we are located at:
7785 W Sahara Ave Suite 100, Las Vegas, NV 89117