Premises Liability Claims

At Adam S. Kutner, Personal Injury Attorneys, our team offers years of experience in premises liability cases

What is premises liability?

The concept of premises liability holds accountable the property owner for an injury you sustain while on their property. Premises liability can apply in both private residences and public spaces. However, several factors need to be met for an individual to have a successful premises liability case.

In general, if you suffer a personal injury on someone else’s property, you may be entitled to compensation for your injury, pain and suffering, and other losses. However, it’s important to establish a property owner’s duty of care to determine whether their breach of duty caused your injury. 

In order for you to bring forward a successful premises liability lawsuit, you must be able to prove the following:

• There was a dangerous condition that existed on the premises
• The property owners should have known about this dangerous or hazardous condition
• An accident occurred, and the accident was the result of the dangerous or hazardous conditions on the property
• The victim sustained injuries and other damages because of the accident

Levels of care for property owners

As developed in Nevada statute 41.141 for comparative negligence, not all property owners can be held liable for a personal injury on their property. 

Nevada premises liability requires that before establishing a premises liability case, it’s important to understand your status on the property. Nevada’s premises liability law looks at your status to determine the level of care a property owner must extend. Individuals can be one of three statuses on public or private property. They include being an invitee, a licensee, or a trespasser.

Invitees

This status is reserved for individuals who are invited onto a property for the commercial benefit of a property owner. This includes individuals entering a grocery store, shopping center, or other retail business. Property owners owe invitees the highest degree of care.

Essentially, if there are any potential dangers or hazards, the property owner must clearly display warnings about these hazards. Additionally, mandatory inspections must take place to identify and remedy any risks. Because of this, property owners may be held liable if a danger or hazard existed, they did not fix it, and it resulted in an accident.

Invitees are more prone to certain injuries, including slips and falls, falling objects, and faulty equipment, including stairs, escalators, elevators, and other hazards.

Licensees

Individuals, including friends, family members, and any other social guests, fall under the classification of a licensee. Unlike invitees, licensees are invited onto a property by the owner for non-commercial purposes.

Common examples of licensees are friends and family members who visit the private residence of a loved one after being invited. In this case, property owners are expected to remedy any hazards and dangerous conditions but are not liable for dangerous or hazardous conditions they are unaware of. The liability standard is much lower for property owners regarding licenses than invitees.

One of the more common types of premises liability claims involving licensees is dog bites. Property owners who know their dog poses a threat may be liable if their dog bites one of their guests.

Trespassers

This status refers to anyone who comes onto an owner’s property without an invitation. In this case, a property owner has a much lower liability standard toward the trespasser, if any at all. Typically, trespassers cannot have a strong premises liability case if they come onto a property without the owner’s permission.

Types of premises liability claims

Liability claims can be incredibly varied and depend on the type of property you are on as well as the type of injury sustained. Specific types of properties can usually produce more common types of injuries. For example, swimming pools, shopping malls, and amusement parks each pose unique risks of injury. While certain liability claims might be more common than others, premises liability claims can vary and can include the following:

• Slip and falls due to hazardous floor conditions, poor lighting, and other obstructions 
• Pedestrian accidents due to uneven pavements
• Escalator and elevator accidents and injuries
• Injuries on stairs 
• Falling objects and other hazards 
• Fires 
• Inadequate security measures or lack of security 
• Accidents in amusement parks
• Spinal cord injuries, drownings, and other injuries at swimming pools 
• Accidents caused by other negligence 

Common places where accidents occur

Because property owners of commercial facilities have a higher duty of care when it comes to invitees, these typically are common areas where accidents occur, and premises liability claims stem from.

At Adam S. Kutner, our skilled premises liability attorneys have experience handling premises liability claims in various settings. Common places where premises liability claims arise include the following:

Swimming pool accidents 

Swimming pool accidents and fatalities remain to be one of the most common premises liability claims individuals seek. While swimming pool accidents can occur for a variety of reasons, younger patrons are often the most susceptible to swimming pool accidents and drownings.

According to the Centers for Disease Control, drowning is the leading cause for children under the age of four, with an annual rate of 4,000 fatal drownings occurring each year. For kids aged 5 to 14, drowning is the second leading cause of unintentional injury or death following motor vehicle accidents.

Amusement park accidents

Premises liability claims involving amusement parks are also quite common for young children, teens, and adults. Faulty amusement park rides, uneven pavement, poor signage, and other hazards can cause individuals to suffer both minor and major injuries.

Elevator and escalator accidents

Commercial facilities with either escalators or elevators on site are more likely to be subject to premises liability claims. Both escalators and elevators can pose risks because they tend to malfunction more than any other feature of a public space.

When filing a premises liability claim involving an elevator or escalator accident, it’s common for plaintiffs to seek compensation from the product’s manufacturer as well.

Compensation in a premises liability claim

When filing a premises liability claim, plaintiffs are entitled to compensation as they would be in a general personal injury lawsuit. Plaintiffs can generally seek economic and non-economic damages for their injuries. In some cases, punitive damages can be awarded as well.

Economic damages refer to the tangible, calculable losses you suffer because of your injury. These types of damages can include but are not limited to the following:

• Loss of income
• Loss of earning capacity
• Hospital bills 
• Ongoing medical bills
• Loss of property 

Non-economic damages refer to incalculable losses an individual sustains because of the injury. These types of damages include but are not limited to the following:

• Pain and suffering
• Mental anguish
• Trauma 
• Loss of consortium 

What to do after an accident on someone else’s property

If you’ve been injured on someone else’s property, it’s important to act quickly in order to obtain the necessary evidence to prove your case. No matter where your injury occurs, make it a point to do the following after sustaining a personal injury:

Report the accident 

Immediately following your accident, make sure to alert the property owner. Take down the property owner’s information, and share a written statement of what happened. Be sure to get a copy of their written statement as well. If you were injured while on the job, you may be able to seek worker’s compensation.

Get medical treatment

Get the care you need following an injury on someone else’s property, and be sure to keep up with all your appointments and recommended treatments. Additionally, make it a point to collect documentation of your medical treatment, including statements from doctors or physicians you work with.

Collect evidence 

Presenting evidence of your premises liability claim can be essential to winning your case. Take pictures of all your injuries and collect documentation showing the extent of your injuries, including any medical treatment you received and any other documentation that pertains to your accident.

Additionally, make it a point to contact the property owner and get a hold of any surveillance footage that shows your accident. In some cases, working with an experienced lawyer can prove beneficial in helping you secure the evidence you need. 

Speak with an experienced liability attorney 

Working with a dedicated and experienced premises liability lawyer in Las Vegas can prove invaluable in helping you navigate your case. Many elements go into a premises liability claim, and an attorney with a reputable track record can help ensure your claim is well supported with pertinent evidence.

Be careful about what you say online 

Posting the details of your personal injury online can be therapeutic for your mental health and recovery process, but it can also be detrimental to your premises liability claim. Avoid posting any details, personal reactions, or other information involving your personal injury. This could be used against you and diminish your claim.

Common types of premises liability cases we handle

At Adam S. Kutner, our experienced team of Las Vegas premises injury attorneys is equipped to handle various premises liability cases. Common types of premises liability cases we handle include the following:

• Hotel injury
• Restaurant injury
• Event injury
• AirBnB injury
• Lack of security
• Convention
• Casino
• Trade show
• Airport injuries
• Wet floors
• Gym injury
• Swimming pool
• Retail store
• Parking lot injury
• Dog Bite
• Theme Park
• Sports Stadium
• College Injury

If you’ve unfortunately been injured on the premises of a negligent property owner, you may be entitled to compensation. Contact the experienced team at Adam S. Kutner, Personal Injury Attorneys, for a free case consultation today.

Sources: 
CDC (2023). Drowning Facts: Drowning Prevention.
Justia (2023). Non-economic damages.
Justia (2023). Economic Damages.