Las Vegas
Premises Liability
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What Is Premises Liability?

Premises liability is the area of law that dictates when a property owner or manager is liable for injuries sustained on their property. Property owners or managers owe guests and customers a certain standard of care. When the owners or managers fail to meet this standard of care, guests or customers may encounter a hazard and sustain injuries.

For example, a grocery store is responsible for continuously inspecting its property and being on the lookout for spills, broken glass, and other dangers. If the grocery store employees fail to keep an eye out for these hazards and a customer slips and falls, the store may be liable. The individual who suffered the slip and fall injury can then pursue compensation from the property owner or manager through a premises liability lawsuit or insurance claim.

If you believe you have a premises liability claim, contact a premises liability lawyer as soon as possible. These cases can become complicated and contentious. It is a good idea to retain a lawyer right away to ensure you know your rights and have someone to promote your best interests.

Common Premises Liability Claims

Some of the most common types of premise liability accidents include:

• Slip and falls (trip or stumble and falls)
• Falls from heights
• Crimes due to inadequate security
• Being struck by objects
• Being pinned between objects
• Exposure to harmful substances

These types of incidents often happen because of dangerous or defective:

• Walkways and entryways
• Elevators and escalators
• Swimming pools and water parks
• Playgrounds
• Concert venues, theaters, casinos
• Stadiums

It is important to realize these accidents can happen anywhere—on public or private property. At someone’s home, a mom-and-pop business, or a big box store. Our Las Vegas premises liability lawyers have worked on cases involving serious incidents at Las Vegas’ homes, apartment complexes, hotels and resorts, casinos, retail stores, grocery stores, gas stations, and all sorts of entertainment venues.

Never hesitate to call us after an accident on another party’s property. Let us investigate the incident and advise you of your rights and options.

What You Must Prove in a Premises Liability Case

When you sustain an injury on another person, business, or municipality’s property, there are several elements you must establish to obtain compensation:

• The defendant was the owner or party in control of the premises at the time of the accident;
• You had implicit or explicit permission to be on the property;
• A dangerous condition existed on the property;
• The defendant caused, knew of, or should have known of the dangerous condition; and
• The dangerous condition caused you to suffer a compensable injury.

With the help of a premises liability attorney, you must prove each element by a preponderance of the evidence, which is a lower standard than the well-known beyond a reasonable doubt. For preponderance of the evidence, you must provide enough evidence to enable the judge or jury to believe it is more likely than not that the elements are true.

Premises Liability Compensation

If you can establish each element of a premises liability claim, you may be entitled to compensation for your past and future:

• Medical bills
• Lost wages and employment benefits
• Out-of-pocket expenses
• Property damage
• Pain and suffering
• Emotional distress
• Disability
• Disfigurement
• Reduced earning potential
• Reduced quality of life
• Loss of consortium

Private v. Public Property

Our Las Vegas premises liability lawyers often receive questions about the difference between sustaining a personal injury on private property v. public property. This is a legitimate and important question.

When the property owner, manager, or tenant is a private entity, then we will pursue compensation by filing a premises liability lawsuit. We will name that individual or business as a defendant. In many cases, we will settle the case with the defendant’s business or homeowner’s insurance provider. We may have to take your claim to trial.

If you were injured on public property that is owned and maintained by the city, county, or state, then your claim follows a different process. We will determine the municipality in charge of the property and file a notice of claim as soon as possible. The administrative process often has tighter deadlines than lawsuits.

Filing a Claim Against a Government

We will then work directly with that public entity to resolve your claim through an insurance settlement. For example, if the City of Las Vegas owned the public property where you were hurt, we will file a notice of claim with the Risk Management Division. We can obtain a claim form at City Hall or over the phone.

Your claim will be assigned to a staff member who is responsible for filing the claim with the City Clerk’s Office, which will assign it a filing number. The city will conduct a thorough investigation and then offer you a decision in writing.

We only have the right to file a lawsuit if the public entity does not respond to your claim, denies your claim, or refuses to settle for a fair amount.

The Open and Obvious Defense

One of the most common defenses a person, business, or municipality will use against a premises liability case is that the hazard was “open and obvious.”

Property owners are responsible for maintaining reasonably safe premises. However, customers and social guests also must behave reasonably. All parties involved are required to use reasonable care.

An open and obvious condition is one that someone using reasonable care would observe or recognize. When a dangerous condition is open and obvious, the court or an insurer will assume you knew about it. Because you either did know or should have known about the danger, you should have avoided it and prevented your injury.

Examples of open and obvious dangers include:

• A large pothole in a parking lot;
• A large, dark-colored spill on white tile;
• A pond in someone’s backyard; or
• A moving walkway at an airport.

Property owners and managers are not required to warn about or protect guests from open and obvious dangers. If the owner or manager successfully proves the hazard was open and obvious, then the court or insurer may not hold them liable for your injuries.

The Comparative Negligence Defense

Another potential defense is comparative negligence. The property owner or manager you blame for your injuries may claim you also were careless and contributed to the accident.

When a defendant raises this defense, the insurer, judge, or jury must determine whether you were also negligent. If you failed to act reasonably, then the decisionmaker will assign each of you a percentage of blame.

For example, if you slipped and fell at a motel, the owner may argue you were inebriated and to blame for your fall. The court may determine the motel was 75% to blame because of ripped carpet and a poorly lit walkway, and you were 25% liable due to your voluntary impairment.

Under Nevada’s modified comparative negligence rule, as long as you are less than half liable, you can recover compensation. However, once the insurer or court determines your damages, it will reduce your recovery by your percentage of fault.

If the decisionmaker determines you were 50% or more at fault, the law bans you from receiving compensation.

The Statute of Limitations for Premises Liability

You have two years from the date you sustained the injury to file a lawsuit against the property owner, manager, or tenant.

Some exceptions may give you a longer time to file. You should speak with a Las Vegas premises liability lawyer as soon as possible. You should have a clear understanding of how the statute of limitations applies to your case, as well as of the benefits of getting started right away. Whenever possible, you do not want to wait years to pursue your claim.