Premises Liability – Holding Property Owners Accountable for Injuries in Unsafe Places
Whether you visit a business, a friend’s house, or any public space, you have the right to expect a reasonably safe environment. Property owners and managers in Nevada are legally responsible for maintaining their premises and ensuring they are free from unreasonable hazards that could cause harm. If you’ve been injured due to a dangerous condition on someone else’s property, you may have the right to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages. Our attorneys at Peralta & Plank are here to guide you through that process and help you be successful on your claim.
Understanding Premises Liability in Nevada
Premises liability law holds property owners accountable when their negligence leads to an injury. These cases can arise from a variety of hazardous conditions, including wet floors, poorly maintained sidewalks, inadequate lighting, or falling objects. To succeed in a premises liability claim, an injured person must generally prove:
- The property owner owed them a duty of care. Business owners and landlords have a legal obligation to keep their premises safe for visitors.
- The property owner was negligent. This means the owner knew or should have known about the dangerous condition and failed to address it in a timely fashion.
- The negligence caused the injury. The hazard must have directly led to the accident and resulting harm.
- The victim suffered damages. This can include medical bills, lost wages, pain and suffering, and other financial and personal losses.
Common Types of Premises Liability Cases
Premises liability encompasses a wide range of accidents, including:
- Slip and Fall Accidents: Wet floors, uneven surfaces, torn carpeting, or icy walkways can lead to serious falls.
- Trip and Fall Accidents: Cluttered walkways, potholes, or broken stairs can cause injuries that require extensive medical care.
- Dog Bites and Animal Attacks: Nevada law holds dog owners responsible for injuries caused by their pets if they were negligent in controlling the animals or knew they were dangerous.
- Negligent Security: Poorly lit parking lots, broken locks, or inadequate security measures can contribute to assaults or other crimes, with property owners bearing legal responsibility for the injuries and harm.
- Swimming Pool Accidents: Unfenced pools, missing safety equipment, or a lack of supervision can lead to tragic drowning incidents or severe injuries.
Nevada’s Comparative Negligence Rule
Nevada follows a comparative negligence system, meaning that if an injured person is partially responsible for their accident, their compensation may be reduced. For example, if a court finds a slip and fall victim to be 20% at fault because they were looking at their phone instead of watching where they were walking, their recovery would be reduced by 20%. However, as long as the victim is less than 50% at fault, they can still recover damages.
In premises liability cases, especially those involving a slip and fall or trip and fall, insurance companies are fond of painting the accident victim as partially responsible, claiming they were not paying enough attention to avoid an obvious hazard. At Peralta & Plank, we take the time to investigate the accident and gather the evidence that proves the property owner’s fault, keeping you from losing your case or losing out on valuable compensation you are entitled to.
What to Do After a Premises Liability Accident in Las Vegas
If you’ve been hurt due to unsafe conditions on someone else’s property, taking the following steps can strengthen your claim:
- Report the Incident: Notify the property owner, manager, or landlord as soon as possible and request a written report.
- Document the Scene: Take photos or videos of the hazardous condition, your injuries, and any contributing factors.
- Gather Witness Information: If anyone saw the accident, collect their contact details.
- Seek Medical Attention: Even if you don’t seem seriously hurt, minor injuries can become major ones if they are not promptly diagnosed and treated. In addition, a doctor’s evaluation can help document your case.
- Consult a Personal Injury Lawyer: An attorney experienced in premises liability cases can help you navigate the legal process and pursue the compensation you deserve.
How Peralta & Plank Can Help
At Peralta & Plank, we understand the challenges of recovering from an injury while dealing with insurance companies and complex legal issues. Our husband-and-wife legal team provides compassionate, personalized representation for injured individuals in Las Vegas, Paradise, Henderson, and surrounding areas. We will investigate your case, gather evidence, and fight for the full compensation you are entitled to receive.
No Fees Unless We Win
We believe everyone deserves access to justice, regardless of their financial situation. That’s why we work on a contingency fee basis—you don’t pay us anything unless we secure a settlement or verdict in your favor.
Contact Us Today for a Free Consultation
If you or a loved one has been injured due to a property owner’s negligence in Las Vegas, don’t wait to take action. Contact Peralta & Plank today for a free consultation to learn how we can help you seek justice.
