Trial Attorney at Gina Corena & Associates

Practice Areas: Personal Injury

Most people expect to go out, take care of errands and return home in one piece. But when someone leaves home and gets injured on private property, who is responsible? 

For example, a Las Vegas jury awarded Kelly Hendrickson over $16.4 million in damages for a 2013 slip and fall accident at a Lowe’s store. Hendrickson suffered permanent injuries, including a loss of taste and smell, after falling in the garden department of the store. The jury found that Lowe’s negligence was responsible for the accident. Hendrickson argued that the store’s caution cone was not visible enough, leading to her stepping in water and falling. The award includes $1.9 million for medical expenses and $14.5 million for pain and suffering. However, the jury also found Hendrickson 20 percent responsible for the accident, reducing the award to approximately $13.1 million. The trial lasted 11 days and focused on the circumstances of the fall and the effectiveness of Lowe’s safety policies. The jury declined to award punitive damages.

Henderson’s case illustrates several important aspects of premises liability law – a property owner’s duty of care, how negligence needs to be proven, the types of damages that may be awarded, and comparative liability. What does an injured party need to know about navigating Nevada’s premises liability laws? 

What is Premises Liability in Nevada? 

Premises liability is a legal concept in Nevada and across the United States. It holds property owners accountable for accidents and injuries that happen on their property. If a person slips, trips, or falls because the property owner failed to maintain safe conditions, the owner can be held liable. This could be due to a wet floor, uneven surface, or poorly lit area, among other things. Not all accidents lead to liability. The property owner must have been negligent or failed to correct a known hazard for premises liability to apply.

Common Types of Premises Liability Incidents in Nevada

Premises liability incidents in Nevada can take many forms, but some types are more common than others. Like the lawsuit against Lowe’s described earlier,  slip and fall accidents are the most frequent, often caused by wet floors, uneven surfaces, or poorly lit areas. Trips over loose carpets or cluttered walkways are also common. Other incidents can include dog bites, swimming pool accidents, or injuries from falling objects. Even accidents caused by insufficient security, leading to assault or theft, can fall under premises liability. In all these cases, if the property owner’s negligence is found to have contributed to the accident, they may be held liable for damages.

Decoding the ‘Duty of Care’: What Property Owners Must Do

‘Duty of Care’ refers to the legal obligation that property owners have to ensure the safety of their premises for visitors. This means that they must regularly inspect their property, fix any hazards promptly, or at least warn visitors about potential dangers. For example, if a floor is wet, a warning sign should be placed to alert people. If a staircase is broken, it should be repaired quickly or cordoned off. If a property owner neglects this duty of care, and a visitor gets hurt as a result, the owner may be held liable for the visitor’s injuries under Nevada’s premises liability laws.

When Does a Property Owner’s Responsibility Kick In?

A property owner’s responsibility kicks in from the moment someone steps onto their property. In Nevada, owners are expected to maintain a safe environment at all times. This means promptly addressing hazards or at least warning visitors about them. However, the level of responsibility can vary. For instance, the owner has a higher duty of care towards invited guests, such as customers in a store, compared to a trespasser who enters without permission. Even so, a basic level of safety must be maintained. If an injury occurs due to negligence, the owner may be held liable under premises liability laws.

The Role of Negligence in Premises Liability Cases

Negligence plays a crucial role in premises liability cases in Nevada. It refers to a property owner’s failure to reasonably maintain their premises, thus causing an injury. It’s important to remember, though, that proving negligence requires demonstrating that the owner knew or should have known about the hazard but failed to address it.

In premises liability cases in Nevada, the critical element is proving fault. The injured party must demonstrate the property owner was negligent and negligence directly caused their injury. Evidence of a hazard on the property, such as a wet floor or broken stair, isn’t enough on its own. The plaintiff must show the owner knew, or should have known about the hazard and failed to rectify it or provide adequate warning. This can involve witness testimonies, surveillance footage, or accident reports. Without this proof, the property owner cannot be held liable for damages from the accident.

Comparative Negligence: How Your Actions Can Impact the Case

Comparative negligence is a legal concept Nevada uses in premises liability cases. It takes into account the actions of both the injured party and the property owner. If the injured party is found to have contributed to their own injury, their compensation may be reduced. For instance, if a person is found to be 20% responsible for their fall due to not paying attention, their awarded damages would be reduced by 20%. It’s important to be aware of this, an individual’s own behavior on someone else’s property could potentially impact the outcome of a premises liability case.

Statute of Limitations: The Clock is Ticking for Your Claim

Premises Liability

The statute of limitations is a law that sets a deadline for filing a lawsuit. In Nevada, the clock starts ticking on the day of the accident. For personal injury cases, including premises liability, the plaintiff typically has two years to file a lawsuit. This means if the plaintiff has been injured on someone else’s property due to negligence, they must take legal action within this timeframe. If this deadline is missed, the court is likely to dismiss the case, and plaintiffs could lose their right to seek compensation for their injuries. Therefore, it’s crucial to act promptly after an accident.

Moreover, it’s worth noting that certain locations, like casinos, can present unique challenges when it comes to slip and fall accidents. Understanding the nuances of slip and fall accidents in different settings can be crucial for building a strong case.

If you are injured on someone else’s property, call 702-680-1111 or contact our experienced team for a free consultation. 

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

  • This was my first time using a lawyer, which I needed due a major car accident. They made everything simple and stress free, and I couldn’t be happier with the attentive care I received from everyone at the law office. Gresia was fantastic, and kept in touch regularly. She was professional, knowledgeable, and very kind. I would recommend them to anyone.

    - Deb Compton

  • Gina and her crew are truly amazing. They exceeded my expectations. They kept in contact with me throughout the whole time and any questions I did have They would take the time and explain everything so I would know what to expect. I would highly recommend them at any time.

    - Chris S

  • Thank you very much for the services everyone answered every single one of my calls and this firm took care of me from start to finish. Thank you so much Gina for taking on my case and assisting me I will recommend you to everyone.

    - Sayra Sánchez

  • I rarely do reviews but I want to share what an outstanding team Gina Corena has. Mahna Pourshaban did such an awesome job In helping us get our settlement, she has treated us like family since day 1 that we met her.. Me and my family want to tell u guys thank u from the bottom of our hearts.

    - The LOPEZ Family

  • Working with Gina was An amazing feeling as the client to know that my case is being handled professionally and to the best it can be ! Knowing that Gina can handle it gave me confidence and peace, 100 percent recommend Gina and her associates team !

    - Jonathan Rodriguez

  • GINA CORENA is the best attorney indeed! Thank you to her amazing team the attention to detail I received was incredible. 100% recommend to everyone!

    - Clara Maria

  • My experience with Gina Corena’s office was amazing. They were all professional and were easy to reach out to during my whole case. I’d recommend their services 10/10!!

    - Mark Surban

  • I'm really satisfied with the work these ladies provide. They’re Super reliable and Professional, Alexandra was the one that helped me with my case and she’s super nice and sweet. She made sure I was aware about all the updates with my case. Overall the work they provide to the citizens of Las Vegas is top notch. Thank you Gina Corena and associates.

    - Gil Axel

  • This is the best company I have dealt with hands down. I am super thankful with them for all the work they did on behalf of my case. The process was rather simple and very well explained from start to finish. Thank you so much Gina Corena &. Associates. Thank you Kim for assisting in my case.

    - Raidel Echavarria

  • I received nothing but top notch service from this firm not once but twice please keep up the outstanding job customer service is very important to me and your firm went above and beyond again THANK YOU

    - Freda Smith

  • Such a great law firm. This was my first time having to get a lawyer due to an auto accident and they explained all the ins and outs of my case and the process. I will definitively keep them in mind again for the future.

    -Alyssa Ortega

  • If I can give Gina’s firm 10 stars I would. They have the best customer service & most knowledgeable staff I’ve ever come across. The office is always clean and it has a lovely and positive vibe. Thank you to this amazing firm to make my experience fast and easy for me. Gina definitely knows how to care of her clients and treated me like family. I will recommended to my friends and family.

    -Cony Jordan


CALL US 24/7

Schedule A Free
Injury Consultation Below

    By contacting Gina Corena & Associates, you agree to receive emails, text messages, and phone calls regarding your legal inquiry, which may be considered advertising material.