Understanding Nevada’s Premises Liability Laws: What Victims Need To Know

What Exactly Is Premises Liability in Nevada?

Nevada premises liability law covers a property owner’s duty of care. Their duty of care means they have an obligation to ensure the safety of others on their property, and the consequences for injuries stemming from unsafe Nevada property conditions. Under this law, property owners may be liable for damages incurred by anyone injured on their property in Nevada.

Property liability cases include slip-and-fall accidents, and any incident stemming from hazardous property conditions on a Nevada property that causes injuries.
Understanding the principles of premises liability in Nevada ensures you understand your rights.

Common Examples of Premises Liability Cases in Nevada

Types of premises liability cases that are common in Nevada include the following:

• Dog bites and animal attacks: Property owners are liable for the conduct of their dogs and other animals kept on their property. They may be liable for failing to take measures to prevent bites or attacks.
• Elevator or escalator malfunctions: Suppose you’re in an elevator and it speeds up, then stops abruptly. An investigation reveals it malfunctioned due to poor maintenance. Since the property owner had a duty of care to maintain equipment on their property, they may be liable for damages. 
• Falling objects or merchandise in a store: Store liability applies when stores fail to maintain their premises or warn shoppers of potential hazards. A store could be liable if a person is struck by a product that falls because it was improperly stored on a shelf, slips on a wet surface that wasn’t marked with a warning sign, or is injured because of poor maintenance.
• Inadequate or negligent security: Suppose you’re struck on the head while being robbed in a parking garage. The garage management may be held liable if evidence shows they were aware of prior attacks and failed to take adequate security measures to prevent further incidents. 
• Poor maintenance causing fires, floods, or exposure to toxic substances: Suppose records show a property owner routinely completed electrical repairs on their property without a license, or failed to follow safety protocols to deal with toxic substances. A person injured due to poor maintenance could have a premises liability claim.  
• Slip, trip, and fall: A Nevada slip-and-fall lawyer can help you seek damages if you fall and sustain injuries after slipping on a wet surface, or tripping on an uneven surface. Poor lighting or maintenance are reasons that property owners may be responsible for damages if a person is injured.

Premises Liability Statistics in Las Vegas and Nevada

In Nevada, 56.2% of traumatic injuries stem from slip-and-fall accidents. In 2022, there were 8,381 reported slips and falls in Nevada, including 210 fatalities. 

The potential for severe injuries or deaths from falls is significant. In 2023, 57 people in Nevada died in workplace accidents. Slip-and-fall accidents accounted for 19% of those fatalities, 2% higher than the national average of workplace fatalities caused by slip-and-fall injuries.

In 2022, injuries from falls sent over 8.5 million people to emergency rooms across the United States. In 2023, the average cost of care for an unintentional fall was $38,348 per person, resulting in medical costs of $1.8 billion. Depending on the severity of the negligence and injuries sustained, slip-and-fall victims can recover five- or six-figure settlements. 

The Property Owner’s Duty of Care: Who Are You on the Property?

A Nevada property owner’s duty of care to prevent harm to those on their property depends on the injured person’s status.

Invitees: The Highest Duty of Care 

Nevada premises liability claims consider an invitee a guest. For example, customers are invited to shop in stores. Guests are invited to stay in hotels or gamble in casinos. The people managing these facilities are responsible for ensuring the safety of their guests by maintaining the property and eliminating hazards or warning guests of potential hazards. 

Licensee: A Lesser Duty 

A licensee is a person who visits a property for their benefit. An example is a salesman attempting to convince a hotel to order supplies. The property owners may not be liable for injuries from unknown safety risks, but are responsible for alerting invitees to known hazards. For example, a hotel may be liable if it did not put out signs warning of a wet surface that it knew about. However, they may not be liable for injuries caused by a fire stemming from an unknown electrical issue. 

Trespassers: The Lowest Duty 

A property owner may be liable if they intentionally harm a trespasser, but may not be liable for any accidental injuries that occur. 

A Special Exception: The “Attractive Nuisance” Doctrine and Children 

Although property owners have a limited duty of care to prevent injuries to those not invited onto their property, there is an exception. A property owner may be liable for children injured on their property if the children ventured onto the property because of what’s called an “attractive nuisance.” 

An attractive nuisance is anything that piques a child’s interest and entices them to venture onto the property. For example, an unfenced swimming pool that’s visible from the road would be an attractive nuisance. 

Suppose a child entered a property to look at an old vehicle parked on the lawn. The child climbs in and cuts themself on rusty metal. The property owner may be liable because they have a greater duty of care to children. Under Nevada premises liability laws, the property owner may be guilty of negligence for failing to remove or obscure an attractive nuisance. 

Landlord vs. Tenant Liability: Who Is Responsible? 

A landlord or tenant may be responsible for premises liability claims in Nevada. The tenant’s lease may determine who is liable; however, in most cases, the tenant is responsible for the leased area. The landlord is typically liable for incidents occurring in public spaces, including the following:

• Hallways
• Lobbies
• Parking lots
• Stairways
• Yards

Suppose you’re injured in a restaurant located inside a hotel casino in Nevada. Under the state’s premises liability laws, the restaurant owner would typically be liable for your injuries. However, if you suffered hotel room injuries, the hotel casino would be liable. 

The Four Elements You Must Prove in a Nevada Premises Liability Claim 

To pursue a premises liability case in Las Vegas or Nevada, you must have the required evidence for a premises liability case. There are four things you must establish to support your case. 

1. A Legal Duty Existed

You must be able to demonstrate the defendant’s duty of care to prevent your injuries. This means establishing whether you were an invitee or licensee, and the reasonable expectations you had for the property owner to prevent you from suffering harm. 

2. The Duty was Breached

You must be able to demonstrate that the Nevada property owner did not fulfill their duty of care. This means you must show proof of the Nevada property owner’s negligence. Suppose a store manager knew about a wet floor due to a water leak but did not put up signs, take steps to clean up the leak, or have the leak repaired. Your Las Vegas slip-and-fall attorney will present evidence demonstrating that the store manager breached their duty. 

3. The Breach Caused Your Injuries (Causation)

Causation means demonstrating that the only reason you suffered injuries was because the property owner breached their duty. 

4. You Suffered Actual Damages

You must show that the liable party’s breach of duty caused you harm. In this context, damages include costs stemming from physical injuries or mental harm suffered because of the incident. 

Common Defenses Used By Property Owners in Nevada

Property owners may mitigate their liability for personal injury claims by using common defenses, such as those explained here. 

The Hazard Was “Open and Obvious” 

A defendant may argue that the safety threat was obvious and that the claimant should have seen the risk and avoided it. For example, a large hole in the floor in an open, well-lit area could be considered open and obvious. However, there may be grounds to counter this defense. For example, the defendant may be liable if signs were prompting the claimant to look to the side instead of ahead, and they didn’t see the hole. 

The Victim Was Trespassing 

Unless the victim was a child, they may not have grounds to seek premises liability damages in Nevada if they were trespassing. The duty that property owners have to prevent harm to invitees and licensees does not apply to those who enter their property illegally. 

The Owner Had No Notice of the Hazard

Suppose a property owner hired an electrician to upgrade the electrical system. The electrician completed the work, and the property owner believed the building’s electrical system was updated and safe. However, the electrician’s errors produced electrical issues that caused a fire. In that case, the property owner can argue they are not responsible for preventing harm from a threat they were unaware of. Property owners have limited liability for unknown threats they have no reason to anticipate.

Critical Laws That Affect Your Claim 

Claimants must be aware of Nevada laws impacting their ability to pursue a premises liability settlement.

Statute of Limitations

It doesn’t matter if you’re filing a lawsuit against a casino, hotel, store, restaurant, or neighbor. Nevada’s statute of limitations gives you 24 months to file a premises liability claim. If you do not file your Nevada premises liability case before the statute expires, the courts will likely dismiss your case. Exceptions may be made if you were in a coma due to your injuries, or if new evidence comes to light, but in most cases, the courts expect victims to take legal action within two years of the date of the incident. 

What if I Was Partially At Fault? Nevada’s Modified Comparative Negligence Rule 

Nevada’s comparative negligence laws allow those partially responsible for their injury to seek damages from a premises liability claim, as long as they were not more than 50% responsible. If a victim’s responsibility is 51% or more, they cannot seek damages. 

Under comparative negligence laws, compensation is adjusted based on the victim’s percentage of fault. Suppose the settlement is $100,000, but the claimant was 20% responsible for their injuries. In that case, they would receive $80,000 because they would not receive compensation for their percentage of fault. 

Steps To Take Immediately After an Injury on Someone Else’s Property

Wondering what to do after a slip and fall, elevator accident, or another type of premises liability injury? Taking the following appropriate steps after suffering an injury due to dangerous property conditions on a property in Las Vegas or Nevada will protect your legal rights when filing a premises liability claim.

• Seek medical care: Have a medical professional identify and document your injuries and provide appropriate treatment. Copies of your medical records will substantiate your injuries and when they were incurred.
• File an incident report: Whether you suffered injuries from casino games, tripping on loose carpet, or a dog bite, you should report the incident to generate documented evidence of your injuries and what caused them. Get a copy of the incident report.
• Create documentation: Take pictures of the scene and make notes about the incident. Document anything relevant to the incident and your injuries. 
• Keep relevant evidence: In addition to the documentation from steps 1-3, keep the clothes and shoes you were wearing. Put them in a clean bag or box and do not wash them.
• Decline to give statements: You should not talk to the defendant’s insurance company or give any recorded statements about the incident. 
• Contact a premises liability attorney: A Las Vegas personal injury lawyer will advise you of the steps you must take to ensure you can file a claim, and help you seek the maximum damages available.

What Kind of Evidence Helps a Premises Liability Claim? 

Compelling evidence can help you recover damages from a premises liability claim. The most effective evidence includes the following:

• Incident reports: Your copy of the incident report verifies when and how the incident occurred.
• Maintenance logs: A premises liability case can subpoena maintenance logs that could demonstrate the property owner caused hazards by failing to maintain the property. 
• Medical records: Records of your medical examination, diagnosis, and treatment can substantiate the harm you suffered due to the incident.
• Photographs and videos: Recording images and videos is a powerful way to document the scene, allowing others to see the hazard that caused your injury. You should also photograph and video your injuries. Your premises liability attorney may also subpoena footage from security cameras and check social media for posted footage from witnesses.
• Physical evidence: Physical evidence includes what you were wearing during the incident.
• Witness statements: Witness statements can help establish the property owner’s negligence. 

What Compensation Can Be Recovered in a Premises Liability Case?

A person who suffers a premises liability injury in Nevada may be eligible for compensation. Nevada allows premises liability victims to seek the following types of compensation:

• Economic, or monetary, damages: These damages cover direct expenses stemming from the accident. Any costs you incurred because of the incident could qualify, including the following:
  • Child care 
  • Job retraining
  • Lost wages 
  • Medical expenses 
  • Property damage 
  • Transportation 
• Non-economic, or non-monetary, damages: These damages compensate victims for their suffering. Victims can seek non-economic damages for pain and suffering, for the negative way their injury has affected their quality of life, or for mental and emotional suffering stemming from issues such as anxiety, depression, and grief.

Some victims may also have grounds to seek punitive damages.

How a Nevada Premises Liability Lawyer Can Help Your Case 

An experienced Las Vegas premises liability attorney will fight for your rights after your premises liability injury. Premises liability attorneys know how to investigate incidents and what evidence they need to support your claim. While your attorney investigates and secures that evidence, you can focus on healing.

Your attorney can also hire experts to assess the equipment involved in the incident, or medical professionals who can verify your long-term prognosis and how your injuries affect your quality of life. 

Additionally, premises liability attorneys know how to handle communications with insurance companies. They protect your rights while negotiating for a fair settlement.

Your attorney will work with you to calculate all the damages possible and negotiate to secure maximum compensation from your claim. You won’t have to worry about whether you’re accepting a low offer from an insurance company, or that you’ll overlook expenses you can seek compensation for.

Lastly, your premises liability attorney will ensure your case is filed before the statute expires, issue subpoenas for relevant evidence, and fight for your interests throughout the entire process. If they cannot secure a settlement through negotiations, they’ll present evidence in court to justify your claim.ul. You will need to offer notes from psychiatrists, therapists, or psychologists you have spoken with, and have proof of receiving a diagnosis. 

For example, a PTSD compensation car accident claim would require establishing when you got the diagnosis, how many times you’ve been to therapy, and what treatment plans you’re pursuing. For anxiety compensation in Las Vegas, including what medications you may have been prescribed shows that the condition is impacting you enough to require chemical assistance. 

Other Essential Evidence for Your Claim

For a Nevada mental distress lawsuit, you can also rely on your personal testimony. This means using your journals or voice notes.

Emotional trauma evidence in Nevada can include testimonies from witnesses as well. Your loved ones can vouch for you, and speak about the changes in your emotional stability. Additionally, you can rely on expert witnesses.

From expert testimony, emotional distress proof can include studies on how the type of event you went through can cause anguish. They can paint a clear picture that ties the defendant’s conduct to your suffering. 

How Much Is an Emotional Distress Claim Worth in Nevada? 

Calculating Nevada emotional distress damages is complicated. There is no simple equation that can be applied to all cases. 

Instead, insurance companies and juries look at a number of factors when deciding on emotional distress compensation in Nevada. One of these is the severity of the injury, and how long it will take you to recover from it. The calculation also involves how egregious the other party’s conduct was, and how the emotional injury impacts your life. 

The strength of the evidence you present plays a role. If you can clearly show the connection between the defendant’s conduct and your injury, that can boost your claim. 

Why You Need an Experienced Emotional Distress Attorney in Las Vegas 

Filing a claim to obtain psychological trauma compensation is not a simple process. It involves gathering substantial evidence, and using all of it to present a robust case. 

Because a mental health lawsuit in Las Vegas requires an in-depth calculation of damages that carry no obvious price tags, you need a lawyer to uncover every dollar of compensation you are owed. Not only that, but your attorney can negotiate aggressively with insurance companies that may try to minimize your suffering. 

By hiring an emotional distress attorney in Las Vegas, you can focus on healing. The right team can guide you through every step of the process so that you have a better chance of getting a fair settlement or jury verdict.  

The legal team at Adam S. Kutner, Injury Attorneys, understands the profound impact of emotional trauma. We are here to listen and fight for the justice you deserve.

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