Premises Liability Laws in Nevada: What You Need to Know
When you visit another person or company’s property, whether for business or pleasure, you have a reasonable expectation of safety while on that property. Some premises owners, however, may fail to properly maintain their premises, resulting in accidents that cause serious injuries. Do you understand the basics of premises liability laws and when you may have the right to file for compensation through a personal injury claim?
Premises Liability Claims: Defined
Premises liability claims state that you suffered an injury on someone else’s property due to someone else’s negligence. Premises liability claims can involve businesses, including hotels, casinos, restaurants, and theme parks, or they may involve claims against private homeowners who have allowed an accident to occur on their properties. A premises liability claims that the premises owner has in some way violated his duty of care to the visitors to that property, often due to poor maintenance, failing to warn the visitor about the possibility of serious injury in a specific area of the property, or creating dangerous conditions that resulted in serious injury.
What Duty of Care Do Property Owners Bear to Visitors?
Property owners bear a high duty of care to visitors to that property. They must ensure that visitors do not face undue, unnecessary danger while visiting their properties. In addition to ensuring that visitors can expect a reasonable degree of safety on the property, business owners must also adhere to OSHA regulations in order to protect their employees.
In general, property owners bear a duty of care to:
Identify potential dangers where possible.
Business owners, in particular, must maintain their properties in order to create a safe environment for visitors to that property. They may need, for example, to ensure that they have safe stairs and handrails, avoid electrical shock and fire hazards, and offer safe exits and fire suppression protection in the event of a fire. Business owners in Nevada may also need to carefully consider the potential dangers caused by threatening individuals on their property. Hotels and casinos, for example, may need to identify potential threats and hire security to help protect their premises and their customers.
Eliminate what dangers they can.
Some dangers can be eliminated quickly: a spill on the floor, for example, or a broken handrail. When possible, premises owners should remove those hazards to provide a safer environment for their guests. Maintaining the property is a key part of overall property ownership, especially for business owners and landlords.
Warn visitors about potential hazards so they can avoid them.
Some hazards cannot be eliminated quickly. For example, during a rainy day, store owners may have a hard time keeping all the water off the floor as visitors track it inside. Since they cannot eliminate that hazard entirely, premises owners may need to post signs warning guests about that potential hazard. In other cases, premises owners, including private homeowners, may need to warn visitors to their property about those dangers directly.
Who Bears Liability in a Nevada Premises Liability Claim?
There are several parties who may bear liability for an accident that occurs on a Nevada property. These individuals all bear a high duty of care to people using the property for any reason.
- Third-party companies operating on the premises
- Tenants who have caused damage to the property
Identifying the liable party after a serious accident can prove critical to ensuring that you can receive the compensation you deserve for your injuries. As the injured party, you may have the right to recover compensation for your medical expenses, lost wages, and pain and suffering related to the accident. Those financial elements can add up fast, so seeking compensation through a Nevada premises liability claim may prove critical to your eventual financial status.
Nevada’s Statute of Limitations and How It Applies to Premises Liability Claims
In Nevada, you have two years after the date of an accident to file a personal injury claim against the party that caused your accident and your injuries, including a property owner. The statute of limitations starts counting down the day of the accident, regardless of when you might discover your injuries, so you must begin your personal injury claim before the statute of limitations passes.
The fact that you have two years to file your claim, however, does not necessarily mean that you need to wait until the statute of limitations gets close to begin your Nevada premises liability claim. In general, it proves much easier to collect evidence, including witness statements, video footage, or direct photos of the accident scene, immediately after the accident. If you wait to contact an attorney and start moving forward with your claim, it may make it much more difficult to file a claim.
Do I Need an Attorney to Handle a Nevada Premises Liability Claim?
You suffered serious injuries on someone else’s property in Nevada. Now, you need to move forward with a personal injury claim. Do you really need a lawyer to help you?
In short: yes!
An attorney will start by investigating every element of your claim, including taking a look at all potential liable parties and identifying the injuries you sustained in the accident. Then, the attorney will collect evidence related to the accident, including all parties who may have caused or contributed to the accident. An attorney can help you understand your full right to compensation, including what to expect as you deal with insurance companies and navigate the difficult road to compensation. Finally, an attorney can represent you as you move forward with your claim, from taking on negotiations on your behalf to going to court to help prove your right to compensation. Without an attorney, you may find yourself inadvertently limiting the compensation you ultimately recover for your injuries.
Did You Suffer Serious Injuries in an Accident on Someone Else’s Property?
If you sustained serious injuries on a Nevada property due to another party’s negligence, you may deserve significant compensation for those injuries. Contact Gina Corena & Associates today at 702-680-1111 to schedule your free consultation.