There are many types of premises liability cases that you can file in Las Vegas and other locations across Nevada. These cases involve liable property owners, managers, and others whose negligence or malicious intent contributes to an accident on a property, potentially leading to injuries and other types of damages for which victims may recover compensation.
However, you might not know exactly what a premises liability case involves or what to expect with these types of cases. Here, you’ll learn more about how premises liability works and the different types of cases you may be able to file with an insurance claim or lawsuit.
What Constitutes Premises Liability in Nevada?
Before getting into the different types of premises liability cases, it’s important to know what these cases entail. Under premises liability laws, property owners and others responsible for managing or maintaining a property are liable for any accidents and injuries that occur on the property.
For example, if a person slips and falls on a piece of debris or another dangerous condition on the property through negligence, the property owner could be responsible for any injuries and other damages resulting from the accident. The key is determining whether the property owner or manager was liable for the accident.
Elements of a Premises Liability Case
There are multiple basic elements of a premises liability case that pave the way for a claim. Specifically, victims of injuries on another person or entity’s property must prove the following items to succeed with a premises liability case:
- The property owner or another party owed a duty of care to the victim
- This party breached that duty of care
- The injury victim suffered an accident and subsequent injuries resulting from that breach of duty
- The accident and injuries resulted in quantifiable damages
You must be able to show how the liable party was responsible for the conditions causing the accident and injuries, and that calculable damages resulted from the accident. The liable party could be responsible in these cases due to wrongdoing such as negligence or malicious intent.
Evidence Needed in Premises Liability Cases
If you want to prove each of the above premises liability elements in Nevada, you must have ample evidence proving liability and that the defendant both owed and breached a duty of care.
There are many pieces of evidence you can collect and present in slip and fall claims and other types of premises liability cases, including:
Photos and Video Footage of the Accident Scene
One of the most crucial pieces of evidence in premises liability cases is footage of the scene of the accident and the conditions present at the time of the incident. Photos or video footage could capture the conditions that led to the accident, a lack of warnings about the dangerous conditions, and injuries immediately after and in the days or weeks following the accident.
Another piece of important evidence to use in a premises liability case is an accident report. You can obtain a copy of this report when you notify the property manager or owner of the accident, at which time the person or entity may draft the report.
The accident report will include various details about the accident, including the time and location of the accident, the nature of the injuries sustained, contact details for the property owner and the owner’s insurer, and any statements from individuals who witnessed the accident.
If you are unable to file a report immediately after the accident, you can also record the details on your own, including details about your injuries and the conditions resulting in the accident.
Property Records and Lease Agreements
When determining who owns the property where the accident took place, look at documents such as lease agreements and property records. These and other forms of documentation can clarify who the property owner or manager is and subsequently help determine liability.
You can use medical records, bills, and receipts to help prove the nature of any public space injuries and show how they resulted from your accident.
There are many injuries that can result from these accidents, including everything from broken and fractured bones to traumatic brain injuries and spinal cord injuries. Some injuries may not be immediately apparent after the accident, which is why you should see a doctor as soon as possible after the incident to receive a formal diagnosis and begin treatment.
If you wait too long to seek medical attention, you could wind up compromising your case as insurers attempt to prove that your injuries didn’t result from the accident. You may also develop more serious symptoms later, to the point where a condition becomes life-threatening. These risks make it critical to receive a diagnosis and treatment as early as possible.
If anyone saw the accident, you’ll also need to collect statements from these individuals. They could include bystanders or employees who saw the accident take place. Their statements could support your claim based on the details of the accident, potentially helping prove liability.
In addition to people who witnessed the accident firsthand, you may also work with a slip and fall lawyer to get the help of expert witnesses in your case.
Expert witnesses are professionals who can reconstruct the events of the accident to show how a dangerous condition caused an accident through the property owner’s negligence or other improper conduct. For example, a medical expert can detail how your injuries resulted from the accident that occurred on the property, while an accident reconstruction expert might be able to use existing evidence and footage to help detail how an accident occurred in the first place. Meanwhile, economic experts could help determine how injuries and other damages resulting from the accident will impact the victim financially in the immediate future and in the years after the accident.
The Statute of Limitations for Premises Liability Claims
If you sustain an injury on another person’s property and believe the property owner or another party is responsible for the accident and damages, you have a limited amount of time to file a premises liability claim. This time limit is the statute of limitations, and it varies from state to state.
In Nevada, the statute of limitations for premises liability is two years from the date of the accident or discovery of injury. This means you have two years to file a case before you’re unable to seek compensation from the liable party. However, this deadline actually extends to three years for property damage resulting from the accident, such as damage to cell phones or other belongings on your person at the time of the accident.
Sometimes premises liability accidents result in the wrongful death of victims, in which case the victim’s loved ones will have a certain amount of time to file a wrongful death claim for the resulting damages. In Nevada, the statute of limitations for wrongful death claims is also two years from the time of the accident.
How Negligence Affects Premises Liability Claims
Premises liability is a particular type of negligence that can result when property owners, managers, employees, or others exhibit negligence to the point where it causes an accident and injuries to individuals on the property.
For example, the landlord of an apartment complex may fail to properly maintain the common area of the complex, resulting in injuries when he or she was aware of an existing issue and failed to address it. In this case, the landlord would be responsible for damages resulting from the incident.
However, the degree of negligence on the part of the property owner or another party will depend on the classification of the victim. Specifically, the victim could be an invitee, licensee, or a trespasser. Invitees and licensees are on the property with the permission of the property owner, with invitees requiring the highest duty of care as family or friends visiting the property. Trespassers, on the other hand, are individuals on the property without the owner’s permission, but they could still file a premises liability case in some instances.
Common Types of Premises Liability Cases in Nevada
There are many types of premises liability cases in Nevada, including:
- Slip and falls
- Dog bites
- Swimming pool accidents
- Accidents resulting from poor maintenance
- Amusement park accidents
- Accidents involving snow or ice
With the help of a slip and fall attorney, you may be able to determine whether you qualify for a premises liability claim or lawsuit. An attorney will have an understanding of Nevada homeowners insurance laws and other legal matters that may influence your ability to seek and recover compensation from liable parties following an accident on another party’s property.