Premises Liability Law Firm In Las Vegas NV
Premises Liability is defined as the liability that a landowner or occupier has for torts (a civil wrong that causes a claimant to suffer injury or loss) that occur on their property. Property owners, managers and occupiers have a legal duty to provide a reasonably safe environment for those who are lawfully on their property. The services a premises liability lawyer Las Vegas NV locals trust to represent them may be needed if you have been injured due to a property owner’s negligence.
Premises liability claims can come forth when someone is injured as a result of unsafe or defective conditions present on someone’s property. To bring about a successful premises liability claim in the state of Nevada, a plaintiff will need to prove five things:
- The defendant is the owner or has control of the land or property;
- The plaintiff is permitted to be on the premises;
- A dangerous condition exists or existed on the premises;
- The defendant knew of, caused or should have been aware of the dangerous condition present; and
- The dangerous condition caused the plaintiff to suffer injury or other damages.
Premises Liability Case Types
Many torts fall under the designation of premises liability, some examples are:
- Inadequate or negligent security
- Slip and falls
- Leaks or flooding
- Animal bites
- Swimming pool injuries
- Elevator or escalator accidents
Types of visitors
If you were permitted to be on the premises, the landowner or occupier owes you a reasonable duty of care, meaning that they are required to act toward others and the public with the watchfulness, attention, caution and prudence.
Depending on the state, property owners may be required to exercise a reasonable duty of care for all persons who visit their property, but some other states apply a rule that limits the property owner’s duty of care depending on the status of the visitor. In states that limit the property owners duty of care, the types of visitors are:
- Licensees: those that have permission from the property owner to be on the premises, but is there for their own purpose. For example, a dinner guest or neighbor coming by. Property owners receive no financial gain from licensees. Licensees are owed a limited duty of care, meaning to warn licensees about existing dangers.
- Invitees: guests that are welcomed to the private or public property for the financial benefit of the property owner. For example, patrons of a business, people hired to do work on a property and delivery persons. Invitees are owed the highest duty of care, meaning that owners are obligated to identify and eliminate dangerous conditions and to warn about existing hazards.
- Trespassers: those who enter a property without the property owner or occupiers’ permission. They are owed the lowest duty of care. The only way a property owner or occupier can be held liable for trespasser injury is if the owner or occupier intentionally harms the trespasser or if the property owner or occupier is aware of a trespasser’s presence and a possible danger and refuses to act.
In Nevada courts, premises liability is determined based on whether the property owner or occupier acted reasonably under the circumstances. While a visitor’s designation is no longer as important, it is important to know what type of visitor was injured on the property in order to be able to determine the property owner’s reasonable duty of care to that individual.
Eglet Adams: Premises Liability Lawyers
If you or a loved one has suffered an injury due to a hazard on someone else’s property, turn to a firm that is one of the most successful and well-respected personal injury law firms in the state of Nevada. At Eglet Adams, we are equipped to take your premises liability case all the way to trial. The attorneys at Eglet Adams have plenty of experience with premises liability cases and can help you receive maximum damages for your injuries, medical care, lost wages and other costs. Fill out a contact form or call (702)450-5400 to arrange a free initial consultation where an attorney will assess your individual case.