Las Vegas Premises Liability Lawyer

Las Vegas is home to thousands of private businesses and buildings that are openly available to the public. From bustling casinos to energetic nightclubs, there is something for everybody in the city, however, property owners have a duty to ensure their properties are a safe environment free from any possible danger. If a property owner fails to do that duty, then they can face premises liability lawsuits from their injured guests.

As Nevada law requires property owners to take appropriate precautions to maintain the safety of their homes and business, they must fix a variety of problems and possibly warn people of any unsafe conditions that may exist on their property. Should a property owner be negligent in their duty to maintain a safe environment for their visitors then they may be held liable for any severe injuries that have occurred.

At West Coast Trial Lawyers, we are experienced in handling premises liability accident cases and are prepared for any possible developments that may arise. From slip and falls to serious injuries due to poor maintenance, our team of professional and dedicated premises liability lawyers have seen them all and are available 24/7 to assist you throughout the legal process. We’ve recovered over $1.6 billion in financial compensation to our deserving clients and we are confident that we will get you the compensation that you deserve for your losses.

We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.

What is Premises Liability in Nevada?

Premises liability refers to the legal responsibility where a property owner ensures their property is safe enough for visitors or occupants to be on. Should somebody get injured on someone else’s property due to unsafe conditions or hazards, the property owner not only is required by law to make the necessary changes, but they must pay for any injuries based on their negligence. As such, the basis of a premises liability claim is largely dependent on whether the property owner was intentionally negligent in their duties to maintain a safe environment.

What Is Nevada’s Comparative Negligence Rule?

In regards to premises liability accidents, Nevada follows a comparative negligence rule in order to take account of the variety of possible scenarios that may arise in a premises liability case. According to section 41.141 of Nevada’s Revised Statutes, it states that if the injured party is found partially at fault for the accident then their compensation may be reduced and, in some cases, if the injured party is more than 50% at fault then they are not eligible for compensation.

What Are The Different Types of Premises Liability Claims

In most instances, the damages and injuries sustained in a premises liability accident will vary based on the type of accident and the severity of the incurred injury. As such, if you have been injured on someone else’s property due to the dangerous condition present, it is important to understand the differences between the various types of premises liability claims in order to file the correct personal injury claim to get the maximum compensation.

Slip and Fall Accidents

Slip and fall accidents are some of the most common types of accident in premises liability cases and they typically occur when a person slips/trips and falls due to hazards such as wet floors, uneven surfaces, loose rugs or mats, icy sidewalks, or debris on walkways.

According to a Slip and Fall fact sheet by the National Floor Safety Institute, roughly 21% of hospital emergency visits are related to accidental falls, with slip and fall incidents making up about 12% of total falls. As slip and fall accidents can occur anywhere and whenever, they can cause a variety of injuries from spinal cord injuries to traumatic brain injuries.

Inadequate Maintenance

Another common type of a premises liability claim, inadequate maintenance claims arise when the property owner fails to maintain the safety and general operational standards of their property and people become injured as a result. Popular examples of this include accidents involving broken stairs, defective handrails, deteriorating sidewalks, and malfunctioning elevators and escalators.

Due to the range of sources, the severity of sustained injuries can vary widely from minor scratches and bruises to broken bones and head trauma. While the owner of the premises can be liable for these types of injuries, the maintenance company that worked on the defective and/or malfunctioning equipment can become the negligent party if they haphazardly remedied the malfunctioning equipment.

Negligent Security

One of the more complex types of accidents, property owners have a duty to provide adequate security measures to protect visitors and employees from possible and foreseeable criminal acts such as assaults, robberies, hit and runs, and other relevant crimes. According to a 2023 violent crimes report from the Las Vegas Metro Police Department, aggravated assault makes up 71% out of the 7,850 reported violent crimes, with robberies totaling around 16% and incidents involving rape being around 10%.

Furthermore, a research brief from the Department of Justice has cited an armed robbery incident where a convenience store owner was held liable for the death of a young man due to the lack of security personnel as well as the environmental layout of the store for incentivizing the chances of a successful robbery. As such, premise owners have to be diligent in ensuring that their property is not only safe from violent crimes, but they must install preventive crime measures or else they can be liable for a wrongful death.

Failure in Compliance with Building Codes

Much like being negligent in applying adequate maintenance to a premises, a failure to comply with building codes means a property owner is willfully not adhering to the regulations and standards set by local, regional, or national authorities for the construction, renovation, or maintenance of buildings and structures.

Property owners who fail to comply with building codes are liable to a premises liability lawsuit if a person sustains a serious injury from an accident due to the lack of structural integrity, safety prevention measures, and quality accessibility. For instance, if a building catches on fire and there are no fire prevention measures in place, those in the building will suffer serious injuries and possibly death.

As reported in a Residential Fire estimate report conducted by the US Fire Administration, 353,500 residential fires occur every year, with about 2,840 deaths, 11,400 injured, and $8,855,900,000 lost in property damage. If these buildings were not compliant with fire prevention protocols, then chances are the number of house fires, injuries, and deaths would increase significantly.

As such, it is the property owner’s duty to ensure a building is compliant with all safety codes and regulations, from the installation of fire prevention measures to the removal of toxic and hazardous substances such as mold and asbestos. Any failures to comply with building codes can result in the property owners paying settlements and fines that can span up to the seven figure range.

Attractive Nuisances

By far one of the more complex types of a premises liability case, an attractive nuisance is a legal concept stated in section 41.515 of Nevada’s Revised Statutes that holds property owners responsible for injuries suffered by children who are lured onto their property by an “attractive nuisance.”

An attractive nuisance in this instance is defined as a man-made structure or feature on the property that is likely to attract children, such as a swimming pool, trampoline, or even an abandoned vehicle. As a result, property owners would be required to ensure that any man-made structures are properly sealed off and out of sight to prevent children from becoming tempted to trespass.

The Most Common Places Of Premises Liability Accidents In Las Vegas

Due to the nature of premises liability cases, there are thousands of possible locations where a premises accident can occur. However, from what is typically seen in Las Vegas, the most common places where premises liability claims arise include commercial and private establishments, so if you have been injured in any of the following locations then it is recommended to speak with a premises liability lawyer to see if your claim has any holdings.

• Retail stores
• Grocery stores
• Restaurants
• Bars and nightclubs
• Casinos
• Hotels and resorts
• Office buildings
• Private residences (houses, apartments, and condominiums)
• Amusement parks

Nevada’s Statute of Limitations on Premises Liability Lawsuits

According to NRS Section 171.090, all gross misdemeanors have a statute of limitation of two years and Section 171.085 states that all felonies have a statute of limitation of four years. If you have suffered injuries on someone else’s property due to their negligence, it is important that you file a liability claim with a personal injury attorney as soon as possible. If you do not file a claim within that time period, you will lose the right to file your claim and become financially responsible for all of your incurred medical bills and any other associated costs from your accident.

Compensation in a Premises Liability Claim

Determining a fair compensation on premises liability claims is going to be dependent on a number of factors such as the type of claim and the severity of the injury. Typically from what is seen in a Las Vegas premises liability lawsuit, the average compensation rate can go from anywhere between the five to six figure range.

However, if there are any life altering injuries that were sustained in a premises liability case such as permanent spinal or brain injuries, then the estimated figure can be anywhere from six to seven figures in order to cover the medical costs and any lost wages for being in a devastating accident.

Our Premises Liability Attorneys Are Here To Help

If you or a loved one has received an injury due to negligent property owners, you may sue to recover damages in the Nevada court system. As a premises liability claim can be complex and tricky to handle, it may take some time until you recover compensation for your incurring damages and medical bills. As such, it is important to seek a lawyer who is well-versed in personal injury claims and liability laws.

Should you wish to find legal representation in your case, our trusted and experienced Las Vegas premises liability attorneys at West Coast Trial Lawyers are readily available to help with your personal injury claim. We are an established personal injury law firm that have recovered over $1.6 billion in financial compensation for our clients who have been involved in an accident.

Our team of premises liability lawyers specialize in personal injury law and they handle each case with care and integrity to ensure our clients get the best possible compensation for their case. To schedule a FREE consultation, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or by completing our easy online contact form.

Most Frequently Asked Questions About Las Vegas Premises Liability Accidents

How Do I Know if I Have a Premises Liability Case?

If you were injured on someone else’s property and are wondering if you qualify for a premises liability claim, then there are several key factors to consider. Firstly, did the injury occur on someone else’s property such as a private residence or a place of business like a hotel, casino, or swimming pool?

Secondly, was the injury due to some dangerous conditions that were on the property? Lastly and arguably, the most important factor, was the property owner willfully negligent in taking responsible steps to either fix the dangerous condition or warning you about it?

So if you have sustained an injury on someone else’s property and have incurred personal injury damages in the form of medical bills, lost wages, or emotional distress, then you may have a premises liability case. If you do, it is important that you consult with a liability lawyer to ensure your claim can be held admissible in the court.

Can I Recover Damages Even if I Am Partially Responsible for My Injuries?

Yes, you can recover damages if you were partially responsible for your injuries, however, in accordance with section 41.141 of Nevada’s Revised Statutes, the compensation of an accident case can be reduced if the injured party is found partially at fault.

In some cases, if you (the injured party) is found to be more than 50% at fault then you would not be eligible for any compensation. So if you are curious about your compensation eligibility for a personal injury claim then it is recommended to discuss it with a liability lawyer.

How Long Do I Have to File a Nevada Premises Liability Claim?

You have up to two years from that date of the incident to file a claim. If two years have passed, then in accordance with Nevada’s statutes of limitations, you would give up your right to file a liability claim and would be unable to receive compensation for the incident.