Injury accidents at the University of Nevada Las Vegas can be devastating. An accident can happen so quickly and cause significant harm. When you’re the victim of a UNLV accident, you may have the right to financial compensation. There are important things that you should know about your rights. Our Las Vegas personal injury lawyers explain.

UNLV Accident Lawsuits

Negligence can be grounds for a UNLV accident lawsuit. Your claim may be based on a breach of duty of care by an official or representative of UNLV. The university has tort liability for accidents that result from the negligence of its employees.

There are a few differences between liability for UNLV and liability for private entities, including a $100,000 cap on compensatory damages for negligence in a UNLV case and no liability for actions based on intentional misconduct by employees. However, in general, UNLV accident lawsuits can compensate accident victims and provide legal justice when an accident occurs.

Before UNLV Injury Accident

Can I Sue After a UNLV Accident?

Yes, you may be able to sue after a UNLV accident. The same standards of negligence that apply in all negligence cases typically apply to a case that involves UNLV. There are some unique things to be aware of in lawsuits against government entities like UNLV. However, in many cases, you can sue after a UNLV accident if you’re a victim of the poor conduct of others, including negligence.

When Is UNLV Responsible for an Accident?

UNLV is responsible for an accident in the following circumstances:

  • Negligence – Breach of the duty of care for the safety of others; the standard is based on reasonable behavior
  • Causation – The negligence must be the cause of the damage
  • Damages – Harm results to the victim

All three elements must be present for UNLV to be responsible for negligence. Examples of cases are car accident cases, negligent hiring, negligent security, dangerous property conditions, and other types of accidents that occur because of negligence.

Can You Sue UNLV Even Though They’re Operated by the Government?

Yes, you can sue UNLV even though they’re operated by the government, as long as your case is based on negligence. Nevada Revised Statutes 41.031 waives governmental immunity in cases that involve negligence.[1]

A university, like UNLV, is not responsible for the intentional acts of its employees. If an employee harms you on purpose, the university has no legal liability. However, you may bring your claim directly against the individual who is responsible for the harm.

Exceptions to Negligence Liability for UNLV

While it might be easy to simply recite the elements of negligence and tell you that UNLV accident victims deserve compensation, there are a few notable exceptions to negligence liability for the University of Nevada Las Vegas. Because UNLV is a government-owned university, some statutory exceptions make accident liability more complex than in cases against private entities. Nevada Revised Statutes 41.032 and 41.033 apply in UNLV cases and may limit liability in some circumstances.[2][3]

Nevada Revised Statutes 41.032 says that negligence may not be based on the discretionary actions of a representative. University officials and employees are often called on to make judgment calls in their duties. When they exercise judgment, and that decision ultimately results in an accident, the university is not liable for their representative’s exercise of discretion. This is the case even if the official abuses their discretion. Nevada Revised Statutes 41.032 prevents accident lawsuits against UNLV when the accident results from the use of the decision making authority of an employee or official.

Similarly, Nevada Revised Statutes 41.033 says that negligence may not be based on a failure on the part of university representatives to inspect premises to find or remedy a dangerous condition. For example, if an accident occurs because of a hazardous condition in a dorm, the basis of the lawsuit can’t be the failure of the university to inspect to find the dangerous condition. Nevada law 41.033 applies to shield UNLV from liability even if there is a duty to inspect. However, the law is silent on liability when UNLV officials know of the dangerous condition and failed to remedy it. It’s important to discover the entire facts and circumstances before assuming that Nevada Revised Statutes 41.033 protects the university from legal liability.

Remember You May Also Have a Claim Against a Third Party

Don’t forget that the special rules apply only when UNLV is the named party in the lawsuit. Just because an accident occurs on UNLV property doesn’t mean that it is the only appropriate party to name in the lawsuit. There may be a third party to include in the claim like a contractor. For them, the traditional rules of liability still apply.

UNLV and Title IX Liability

Title IX is another relevant law that applies to students who attend public universities. As a university that is covered by Title IX, UNLV has an obligation to respond appropriately when students face discrimination based on protected classes like sex and gender.[4] You may bring a civil claim if the school responds inappropriately to a complaint of discrimination. Our legal team can help you determine if a UNLV Title IX action is right for you.

How Can an Attorney Help Me After a UNLV Accident?

An attorney can help you after a UNLV accident by helping you evaluate your case and fight for justice. We help you understand what legal rights you have, what your claim is worth, and what the law has to say about the issues involved in the case. If you deserve financial compensation, we’re aware of all of the nuances and unique questions and issues that may be present because the case involves UNLV. We want to resolve your case as fairly and expeditiously as possible. That means our entire legal team fights for your rights until you have justice.

Come meet with our legal team. We want to answer your questions and make you feel comfortable as we talk about your legal rights. There’s no cost to speak with our team about your case, and it’s all confidential. Students are welcome! Call us now!

Sources

[1] NRS 41.031

[2] NRS 41.032

[3] NRS 41.033

[4] Title IX and Sex Discrimination. (2020, January 10). Retrieved 25 February 2020, from https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html

 

Adam S. Kutner

Adam S. Kutner Personal Injury Lawyer

With more than 28 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.