If you have recently suffered an injury in a home or business in Nevada, you may be eligible to file a personal injury lawsuit against the property owner, tenant, or occupant based on premises liability. According to this legal doctrine, owners or managers are required to ensure their property is reasonably safe for visitors and to warn other of dangers on the premises that are not obviously apparent.
If your case goes to trial, you (the plaintiff) must prove the following elements to succeed in a premises liability claim in Nevada:
The defendant owns or controls the property where the accident occurred – An owner, manager, or tenant leasing a property may be liable for injuries suffered on the premises. Common examples of ownership or having control over property includes deeds, leases, and other types of records.
You were allowed to be on the property – Since you were permitted to be on the premises, the owner or tenant owed you a duty of care to repair or warn you of any hazards on the property. For instance, if you were shopping at a store or eating a restaurant, the property owner owes you the highest duty of care, which means he/she must actively address potential dangers and protect you against them. By contrast, if you were invited to a friend’s house for dinner, your friend is only required to warn you of dangers, rather than regularly inspect and repair hazards on the property like business owners.
An unsafe condition exists on the property – Common examples of dangerous conditions include slippery or wet surfaces, tripping hazards, exposed wiring, unstable trees, and structures that are not up to code. You may prove the existence of a hazardous condition through surveillance video, photographs, and eyewitness testimony.
The defendant caused, was aware of, or should have known of the dangerous condition – If an unsafe condition was “open and obvious,” then the defendant should have been aware of its existence. If the hazard was more discreet or subtle, either an inspection report or even a witness testimony from a neighbor could serve as evidence to show that the owner or manager knew about the condition.
The hazardous condition caused your injury – You need to obtain evidence to prove that your injury was caused by a dangerous condition. Common examples of evidence include photos and video recordings, witness testimony, and medical records.
It is not uncommon for the property owner to dispute claims of victims and even shift the blame onto them for causing their own injuries. That is why it is imperative to hire an experienced personal injury attorney to investigate your accident, gather supporting evidence, negotiate a settlement with the property owner, or maximize your entitled compensation at trial.
If you or a loved one has been injured in Las Vegas, contact The Draskovich Law Group today at (702) 381-6590 and schedule a free consultation. Ready to help you make the best possible recovery from injury.