Las Vegas Premises Liability Lawyer

Understanding Premises Liability Laws in Nevada

The term “premises liability” refers to the legal responsibility of property owners or occupiers to protect visitors from foreseeable hazards. 

The principles of this area of law are based on the idea that property owners owe a duty of care to individuals who enter their property, whether they are guests, customers, tenants, or — in some cases — even trespassers. Here are some key aspects of premises liability in Nevada:

Duty of Care

A property owner has a legal obligation to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards that could cause harm. The extent of this duty may vary depending on the visitor's status and the circumstances of the visit.

Unsafe Conditions

Property owners can be held liable for accidents and injuries caused by unsafe conditions on their premises, such as slippery floors, uneven surfaces, inadequate lighting, and defective stairs or handrails.

Foreseeability

Property owners are expected to anticipate potential hazards and take reasonable steps to prevent accidents. If an accident occurs due to a foreseeable hazard that the owner failed to address, they may be held liable for resulting injuries.

Visitor Status

Nevada recognizes different categories of visitors, including invitees (such as customers or guests), licensees (those with permission to enter but for their own purposes), and trespassers. The level of duty owed to each type of visitor may vary, with the highest duty typically owed to invitees.

Comparative Negligence 

Most states, including Nevada, have established a comparative negligence system for personal injury cases. If the injured party is found to be partially at fault for their injuries, they can still pursue compensation; however, their compensation may be reduced by their percentage of fault. 

Under Nevada’s modified comparative negligence rule, if the injured party is found to be more than 50% at fault, they may be barred from recovering any compensation.

Common Places Where Accidents Occur in Las Vegas

Premises liability accidents in Las Vegas can occur on any type of property, from private homes to expansive commercial complexes.

Casinos and Hotels

Slip and fall accidents are frequent in casinos and hotels due to factors such as spills, wet floors, uneven surfaces, and inadequate lighting. Additionally, burns from hot water or bathtub falls can occur in hotel rooms.

Nightclubs and Bars

Las Vegas nightclubs and bars are popular attractions. In these crowded and energetic venues, patrons can be injured by slips and falls, fights, and assaults. The dangers can compound due to overcrowding, alcohol consumption, and inadequate security.

Shopping Malls and Retail Stores

Injuries due to slips and falls, merchandise falling from shelves, and defective products can happen in shopping malls and retail stores. Factors like crowded aisles, poorly maintained floors, and insufficient warnings can exacerbate the dangers.

Restaurants and Food Establishments

Accidents in restaurants and food establishments can include slips and falls on wet floors, burns from hot food or drinks, and food poisoning due to improper food handling or sanitation practices.

Sidewalks and Walkways

Trip and fall accidents can occur on sidewalks and walkways in Las Vegas due to factors such as cracks, uneven surfaces, and debris. Property owners may be liable for injuries if they fail to maintain safe conditions on walkways.

Apartment Complexes and Residential Areas

Injuries can happen in apartment complexes and residential areas due to factors such as poorly lit parking lots, broken stairs or handrails, and inadequate security measures leading to criminal activity.

Entertainment Centers and Arcades: 

In addition to casinos, visitors to Las Vegas entertainment centers and arcades can also experience injuries due to poor maintenance of equipment and property.

Swimming Pools and Water Parks

Las Vegas is known for its pools and water parks, where slips and falls on wet surfaces, drownings, and injuries from slides or diving boards can occur if safety regulations are not followed.

Construction Sites

With ongoing building projects in Las Vegas, construction sites pose risks of accidents such as falls from heights, being struck by falling objects, and equipment-related injuries.

Parking Lots and Garages

Car collisions, pedestrian accidents, and slips and falls can occur in parking lots and garages in Las Vegas due to factors like congestion, poor lighting, and uneven surfaces.

Theme Parks and Amusement Centers

Las Vegas features amusement centers and other attractions within hotels and resorts. If rides and other attractions are poorly maintained or negligently operated, injuries can occur.

Who Can You Sue in a Premises Liability Case?

In a premises liability case, the property owner is not the only party who is potentially at fault. Other parties may be liable depending on the circumstances of the accident, the ownership and control of the premises, and local laws. Here are some potential defendants in a premises liability case:

Determining the appropriate defendants in a premises liability case requires a thorough investigation into the circumstances of the accident, the ownership and control of the property, and all parties whose negligence may have contributed to the hazardous condition.

How Do You Prove Premises Liability in Nevada?

Premises liability law does not dictate that the owner is automatically responsible for any injury that occurs on their property. Instead, the injured party must prove three things to prevail in their case:

1. There was a dangerous condition on the defendant’s premises.
2. The owner knew about this dangerous condition beforehand — or would have known had they exercised due diligence.
3. The dangerous condition caused the victim’s injury.

In slip and fall cases, for instance, the dangerous condition may be a puddle of water on the floor. If the owner of a store spots the puddle but does not clean it up or place a warning sign near it, they can be held responsible if a customer slips on it and falls. 

While it might seem clear to the victim that a property owner’s negligence led to their injury, in many cases, the owner will try to shift blame. There are, in fact, some viable defenses to a premises liability claim:

• The dangerous condition was “open and obvious,” so the victim should have been able to avoid it had they been paying attention.
• The victim was trespassing or in an area of the property that was not open to the public.
• The victim’s injuries were actually the result of third-party conduct (such as a criminal act) that the property owner could not have reasonably foreseen or prevented.
• The defendant did not actually own or have control over the property where the accident occurred.

Nevada follows a comparative negligence rule in all personal injury cases, including premises liability claims. This means that a property owner’s liability may be reduced or eliminated if they can show the accident victim was partly at fault for what happened.