Las Vegas Premises Liability Attorneys

Premises liability laws deal with the property owner’s legal duties of care to guests and visitors. As the owner of a home, business, land, or another piece of property, one owes certain standards of care to keep the premises safe for others. Failure to uphold these duties can result in serious premises liability accidents. If you or a loved one has suffered injuries in an accident on someone else’s property in Las Vegas, contact Panish | Shea | Ravipudi LLP. Our premises liability attorneys can go to bat for you against property owners, insurance companies, and other entities.

Premises Liability Explained

A premises liability claim is a lawsuit that you can file if you were injured on another person’s property.  Property owners and managers are not responsible for everything that happens on their property, but there are select categories for which they may be liable for damages to a person who is injured on their property. 

How Does the Law Work in Premises Liability Cases?

A premises liability claim is a type of lawsuit that people injured on another person’s property or premises can bring to recover monetary damages for the injuries they suffered there.  In Foster v. Costco Wholesale Corp., 128 Nev. 773 (2012), the Nevada Supreme Court held that a landowner owes a duty of reasonable care to people who enter onto that premises.  If the landowner is negligent, thereby breaching his or her duty of reasonable care, and someone is injured as a result of that negligence, then he or she may be liable to the injured person for monetary damages. 

These terms—duty of care, negligence, & damages—will each be defined and explored in the following sections.

What is Negligence?

Negligence is a legal concept that injured people can use to file a lawsuit to recover for injuries that another person caused them to sustain.  A person who files a lawsuit is called a plaintiff.  According to Foster v. Costco Wholesale Corp., an injured person must prove four elements to recover monetary damages for his or her injuries:

1.             The plaintiff must prove that the landowner owed a duty of care to him or her;
2.             The plaintiff must prove that the landowner breached the duty of care owed to him or her;
3.             The plaintiff must prove that the breach of duty caused his or her injuries; and
4.             The plaintiff must prove that he or she suffered damages.

A premises liability claim is a type of negligence claim in which a plaintiff claims that a landowner owed a duty of care to him or her, and by breaching that duty of care, the landowner caused the plaintiff’s injuries. 

Duty of Care Defined

Much has been said about this duty of care, but what is this duty of care?  Under Nevada law, a person who owes a duty of care to another person must behave like a reasonable and prudent person would behave under the same or similar circumstances in light of the risks posed by those circumstances.  The duty of care owed by one person to another depends on:

1.    How foreseeable the potential harms that could result from the person’s conduct were;
2.   The gravity of the harms that could result from the person’s conduct; and
3.  The feasibility and availability of choosing to do something that would have prevented the harm.

For example, a person who is driving a car has a duty to drive like a reasonable and prudent person would under the same or similar circumstances in light of the risks attendant to driving a car.  That same driver breaches his duty of care by texting while driving the car.  If the driver injures a pedestrian because he was texting rather than paying attention to the road then the driver may be liable to the pedestrian under a theory of negligence. 

To Whom Does a Premises Owner Owe a Duty of Care?

Nevada law imposes a duty on landowners and occupiers of land to act reasonably under the circumstances with respect to the people who enter onto their land.  Nevada law imposes that duty regardless of whether the person is invited onto the land, there to do business, or trespassing on the land. 

There are two circumstances where this duty of care gets more complex.  First, landowners and occupiers are under a duty to take affirmative action to control criminal or other wrongful conduct by third parties only when the landowner or occupier should reasonably anticipate that conduct and the injuries that would likely result from it. 

Second, landowners and occupiers owe a duty to people who enter onto their land to protect them from certain conditions which are dangerous. However, the law does consider the surrounding circumstances in considering whether reasonable care was taken, including:

1.               whether the danger was truly open and obvious;
2.             whether there were other circumstances that would distract the injured person from the dangerous condition; and
3.             whether the landowner had reason to believe the entrant would proceed despite a known or obvious danger. 

Causation

A landowner or occupier is not liable for negligence even if an entrant onto their land can show that the landowner or occupier owed him a duty and subsequently breached it unless the entrant can also prove causation.  In the context of a premises liability claim, a person must prove two different types of causation. 

First, the entrant must prove proximate causation—meaning the entrant must prove that her injury was reasonably foreseeable to the premises owner or occupier.  Second, the entrant must prove actual causation, meaning that the injury would not have occurred without the landowner/occupier’s breach of duty.

Compensation You Can Recover in a Premises Liability Claim

As stated in Hall v. SSF, Inc., 112 Nev. 1384 (1996), a “successful premises liability plaintiff is entitled to compensation for all the natural and probable consequences of a defendant’s tortious conduct.”  But what does that mean in practical terms?  What follows is a brief section explaining what damages are and exploring the different kinds of damages available to people injured in premises liability cases under Nevada law.

What Are Damages?

Damages is the legal term for the compensation awarded by a landowner, manager, or—in many cases—an insurance company to the premises liability plaintiff.  Banks v. Sunrise Hospital, 120 Nev. 822 (2004) tells us that some damages are compensatory, meaning that they are supposed to compensate the injured person for what they lost due to their injuries. 

Because damages are intended to compensate an injured person for what he lost, that means that the injured person must prove that his damages were a result of the injury.  The law sets explicit requirements for how these damages may be proven and excludes certain things from consideration altogether. 

It is very important to know that damage awards are not random nor are they a lottery ticket.  People injured in premises liability cases do not receive more in damages than they are able to prove under Nevada law.

Medical Expenses

As explained in Poremba v. Southern Nevada Paving, 388 P.3d 232 (Nev. 2017), Nevada law awards damages to compensate injured people for their medical expenses.  That compensation extends to both past and future medical expenses.  As with any type of damages, medical expenses must be proven on the basis of evidence—regardless of whether they are awarded for past or future medical expenses. 

Plaintiffs generally present medical testimony that the treatment they received was necessary due to the injury they suffered.  Medical damages are awarded to reimburse the injured person for things like:

1.               hospital stays;
2.               medical treatment;
3.               chiropractic treatment;
4.               medications;
5.               nursing services;
6.               anesthesia; and
7.               diagnostic tests.

Lost Wages

Nevada law also instructs that injured people are to receive damages as compensation for the wages they have lost due to their injuries.  As with medical expenses, these damages are awarded both for wages that have already been lost as a result of the injury and for wages that will be lost in the future due to the injury. 

Proving future lost wages is typically done by putting on medical testimony from a doctor or some other medical professional.  If a case goes to trial then it is up to the jury to decide if they believe the medical testimony from either side’s witness.

Damages for Pain & Suffering

Nevada law also allows damages to be awarded for the pain and suffering of the injured person resulting from the premises liability injury.  These damages compensate the injured person for physical discomfort and his or her emotional response to the sensation of pain caused by the injury.  As with medical expenses and lost wages, pain and suffering damages are also awarded for the pain and suffering of the injured person in the past and the future. 

Hedonic damages are also a compensable form of damages in Nevada, but they are a subcategory of the damages awarded for pain and suffering.  Hedonic damages are different from ordinary pain and suffering damages in that hedonic damages compensate the injured person for their lost ability to participate in and derive pleasure from the normal activities of their daily life. 

Damages for an injured person’s pain and suffering must be supported by evidence, but Nevada juries are almost exclusively responsible for deciding how much money to award in damages to compensate a person for his or her pain and suffering.  Canterino v. The Mirage Casino-Hotel, 16 P.3d 415 (Nev. 2001), makes clear that courts will not change these damage awards unless the award is “flagrantly improper.” 

Required Disclosures in Nevada

Nevada Rule of Civil Procedure 16.1(a)(1)(A)(iv) requires premises liability plaintiffs to produce “a computation of each category of damages claimed” and the “documents or other evidentiary materials . . . on which each computation is based, including materials bearing on the nature and extent of the injuries.” 

While that may sound complicated, a knowledgeable Nevada premises liability attorney will tell you that it requires two things to be disclosed without any request from the defendant’s lawyer:

1. how much the injured person is claiming in damages for each type of damages he is claiming; and
2. all of the evidence the injured person says supports his or her claim for damages.

That rule may seem straightforward enough, but it is far from the only procedural rule that applies to these cases.  These arcane rules are difficult to understand but can kill a valid premises liability case if they are not followed.  This reality is just one of the many reasons that it is important to hire a knowledgeable Nevada premises liability lawyer.

What Are The Common Types of Las Vegas Premises Liability Accidents?

Understanding your stance as a personal injury victim takes a bit of knowledge about the category of law your case will involve. Premises liability accidents are special and separate from other types of claims, such as Las Vegas car accidents. Property owners owe unique duties of care to visitors that other parties do not, such as a duty to check an area for hidden hazards before welcoming guests and visitors to enter. The following issues can all give rise to premises liability lawsuits if the property owner fails in his or her duties:

• Assault or robbery
• Building Collapses
• Dog bites or animal attacks
• Hotel and casino injuries
• Elevator/escalator accidents
• Exposures to hazardous substances
• Fires or floods
• Inadequate security
• Parking lot incidents
• School or playground accidents
• Slips and falls
• Staircase accidents
• Swimming pool accidents

Any type of premises defects that the landowner knew or reasonably should have known about may be an element in a premises liability claim if it caused your injuries. You must prove that the defendant was the party in charge of maintaining the land at the time of the accident, that the defendant was negligent in this duty of care, that this negligence caused your accident, and that you suffered damages as a result. Our Las Vegas premises liability attorneys can help with this burden of proof in Nevada.

How Do I File a Premises Liability Claim in Las Vegas?

Filing a premises liability claim starts with contacting an experienced premises liability lawyer like the ones at Panish | Shea | Ravipudi LLP.  When you call, they will arrange for a consultation about your case at no charge to you. 

After hiring an attorney, that attorney will begin investigating your case immediately based on the information, documentation, and other evidence you bring to that attorney.  These investigations may take time, so the sooner you hire a lawyer, the sooner your case can be filed. 

Once the investigation is complete, your attorney will file a “complaint” in the proper court and properly serve the complaint on the appropriate defendants.  From there, the defendants will either file a response or a motion to dismiss—depending on the facts of your case.  Your case will then proceed through the court system. 

How Long Do I Have to File an Injury Claim in Nevada?

Under NRS 11.190(4)(e), a lawsuit for personal injury against the owner or manager of land must be filed within two years of the injury.  This statute of limitations is just one more reason why it is important to contact a knowledgeable premises liability attorney as soon as possible.  Anyone who fails to file a complaint in the proper court prior to the expiration of this two-year period will not be able to recover monetary compensation for their injuries. 

What To Do After an Accident on Someone Else’s Property

Get to Safety

The steps taken after an injury on another person’s property are critical.  Your safety and well-being and that of others, are the most important thing: get yourself and others to safety as soon as possible.  See a trusted medical professional and, if necessary, call an ambulance to ensure your safe arrival at a medical care facility. 

Report Your Injury

Once you are out of danger, you should immediately report the incident to the property’s owner or whoever is managing that property.  This is particularly important if your injury occurred at a business, for they may have a procedure they use to document these incidents. 

Document Your Injury

To the extent possible, take photos or videos of the location of where you were injured and the thing on that property that injured you.  Write down the following details:

1.     the date & time you were injured;
2.     the weather conditions—particularly if you were outside;
3.     the names and contact information of any witnesses to your injury; and
4.     while this may not be easy, ask those witnesses what they saw and heard.

Do Not Make Detailed Statements

Remember: the statements you make at the time you are injured can be used against you by the insurance company later.  Be considerate of what you say to the property’s owner or manager.  Your best option is not to make a statement at all.

You might hear from the insurance company’s representative or adjuster.  It is imperative that you do not speak with the insurance company before hiring a lawyer.  You have every right not to make a statement, and that is your best option—especially if you have not spoken to a lawyer. 

One of the best things you can do for yourself after being injured in a premises liability accident is to call our premises liability lawyers for your free consultation.  Our attorneys can tell you if you have a case and, if you do, how to maximize its value to ensure you receive the most money possible.

How Can A Las Vegas Premises Liability Attorney Help?

Panish | Shea | Ravipudi LLP has lead attorneys with decades of experience handling Las Vegas personal injury lawsuits. We’ve gone up against major individuals, employers, business owners, companies, and corporations on behalf of our clients. One of the best ways we can help during a premises liability claim is to combat the common defense of a plaintiff’s comparative fault for the incident.

In Nevada, modified comparative negligence laws hold that a plaintiff may still recover at least partial compensation as long as the courts find him or her less than 50% responsible for the accident. The Las Vegas premises liability lawyers at Panish | Shea | Ravipudi LLP will do everything in our power to display to a judge or jury that the defendant has the majority of fault for failing to keep a property free from hazards. With our assistance, you can maximize your recovery by minimizing your percentage of fault.

Schedule a Free Legal Consult in Las Vegas Today

If you suffered any type of injury while in a casino, bar, restaurant, club, grocery store, on the street, in a parking lot, or elsewhere in Las Vegas, Nevada, contact our firm. We’ll set up a personal consultation with one of our lead attorneys at no charge to you. We’ll listen to what happened and let you know if we believe your accident has merit as a premises liability claim. Call (702) 560-5520 to talk to someone about your case today.