Safety Code Violations in Premises Liability Claims in Nevada

What Are Safety Code Violations in Premises Liability?

Safety code violations are specific things that could be found when properties are not well maintained. They are also directly related to Nevada’s building codes, which are in place to encourage property owners to maintain safe facilities and to take appropriate steps when things do not meet these minimum standards of care.

In premise liability injury cases, safety code violations work in favor of the victim. They help strengthen their case by providing strong evidence, making it easier to demonstrate a breach has occurred.

Common Safety Code Violations That Lead to Injury Claims

Safety code and building code violations are contained in the Nevada Administrative Code. These types of violations could range from simple oversights to more serious maintenance issues, including:

• No fire extinguishers or smoke detectors
• Broken handrails
• Blocked exits
• Faulty sprinkler systems
• Insufficient lighting
• Broken steps
• Cracked, broken, uneven sidewalks
• Wet floors without any warning signs
• Lack of handicap accessibility
• Electrical and wiring issues
• Poorly maintained elevators and escalators
• Structural defects
• OSHA violations
• Improper or a lack of signage
• Broken and falling ceiling tiles
• Unsecured shelving

How Safety Code Violations Strengthen Your Premises Liability Case

When you are injured on another’s property, and it was due to some defect, being able to establish and prove safety code violations further strengthens your case against the defendant.

Safety code violations are usually considered “negligence per se,” which basically means the property owner failed to provide a duty of care and committed a breach.

As a result, the defendant is automatically presumed to have broken the law and created a hazardous condition where the victim was injured. Therefore, it makes it much easier to obtain the compensation you deserve. 

The Role of Property Owners and “Duty of Care” in Nevada

In Nevada, property owners have a “duty of care” to maintain their property and ensure it is reasonably safe for visitors, guests, customers, and vendors. In order to ensure they maintain their “duty of care,” they should:

• Perform regular inspections to find potential safety issues and building code violations.
• Provide clear warnings about any hazardous conditions or dangers.
• Make every effort to resolve the issue or building code violations in a timely manner.
• Prevent access to the area where hazardous conditions or danger exist.

Some common examples of providing a duty of care include:

• Putting up “wet floor” signage when floors are wet and slippery to protect against Nevada slip-and-fall injury claims.
• Blocking off the stairs and not allowing guests to use them when there are loose railings, lighting issues, or broken stairs, until repairs can be made.
• Sectioning off areas and using appropriate signage when the flooring is broken or damaged, until it can be repaired.

Evidence Needed To Prove a Safety Code Violation Claim

To prove a safety code violation claim in Nevada, you will need to gather the appropriate evidence to establish that negligence occurred, and the property owner is liable for your injuries.

Evidence could include:

• Pictures and videos of the location where you were injured and the hazardous condition that exists, such as missing handrails or broken flooring, and a lack of warning signs.
• A police report or accident report provides official documentation of the unsafe condition and safety code violation.
• Your medical records show the extent of your injuries from the accident.
• Official records showing code violation notices from local authorities, building permits, and inspection reports.
• Maintenance records showing when and what maintenance was performed.
• Witness statements from any witnesses who saw the accident.
• Expert testimony from local building inspectors and engineers who can confirm what codes have been violated.

You also have to establish that the property owner’s breach of duty of care was the direct cause of your injuries, and those injuries resulted in actual damages, such as medical bills and lost wages.

Why These Claims Are Common in Las Vegas

Premises liability claims are common in Las Vegas, mainly due to the high volume of tourists visiting the city. From crowded casino floors and shopping centers to various attractions, shows, and nightlife downtown at the Fremont Street Experience, it is easy for property owners to overlook potential hazards that can lead to accidents and injuries.

The city also has numerous construction projects ongoing, which further contribute to potentially hazardous conditions and OSHA violations.

Common issues that lead to incidents include:

• Poor lighting
• Wet floors
• Broken stair rails
• Broken escalators
• Uneven, broken flooring
• Unsecured ladders
• Exposed wiring
• Improper scaffolding setup
• Fire code issues
• Accessibility issues
• Lack of fall protection
• Lack of security

Damages You Can Recover for Safety Code Violation Injuries

The types of compensation you can recover for safety code violation injuries in Nevada include economic and non-economic damages. The actual amount of compensation will depend on the extent of your injuries and whether you are considered partially at fault.

Economic damages include actual financial losses, including:

• Current and future medical expenses
• Rehabilitation costs
• Prescription costs
• Medical device costs
• Current and future lost wages
• Reduced earning capacity
• Personal property damage

Non-economic damages are intangible losses without a fixed dollar amount, such as:

• Pain and suffering
• Mental anguish
• Loss of enjoyment
• Loss of consortium/companionship
• Disfigurement and scarring

A third type of damage awarded in rare situations is punitive damages. These are only considered when the property owner’s behavior and actions are considered intentionally harmful, grossly negligent, or reckless. They are meant to punish the defendant and deter other property owners from behaving similarly. 

How Comparative Negligence Affects Code Violation Cases

Nevada uses a comparative negligence system when determining fault in personal injury cases, including safety code violation injury claims. Essentially, the law states that you can only seek damages if you are less than 50% at fault. If you are 50% or more at fault, you can recover nothing. A proportional reduction is made to your total settlement amount for the percentage you are at fault.

For example, you are 30% at fault. Your total settlement is $50,000. Under the comparative negligence system, you would only be entitled to 70% of the total settlement. So, you would receive $35,000.

Steps To Take if You Are Injured Due to a Safety Violation

To protect your legal rights, it is crucial to follow the proper steps after being injured on someone’s property due to a building code or safety violation, which include:

• Seek immediate medical attention: Even if your injuries seem minor, you should still see a doctor, as there could be internal injuries.
• Report the accident: Notify the property owner or their manager immediately. If they are not available, call the police.
• Document the scene: Take pictures and videos of where you were injured, the safety violation, your injuries, and anything else that could support your injury claim.
• Obtain contact details from any witnesses: It is important to have the names and contact information from witnesses so they can be called upon to give a sworn statement.
• File an incident/accident report: Ensure you file an incident/accident report with the property owner or their manager and with the police. When filing the report, stick to the facts of what occurred and do not make any statements or admit fault, as this could hurt your claim.
• Report the building code or safety violation: Contact OSHA or the City of Las Vegas to file a confidential report about the property owner and the violation.
• Schedule a free consultation with a premises liability attorney: Building and safety code violation injury cases can be very complex and require assistance from an experienced attorney. The attorney will review your case, inform you of your legal rights, and help you make informed decisions about your next steps to securing the compensation you deserve. 

For workers’ comp claims against a property owner, the process is slightly different. You should still seek medical care and report the incident to your employer immediately. You will also need to submit a C-1 form and have a doctor complete a C-4 form as part of your claim process.

It is still beneficial to speak with an experienced Nevada premises liability lawyer to help you fully understand your rights and the compensation you are entitled to seek. You may be able to pursue a third-party injury claim against the property owner when there are safety violations.

Why Choose Adam S. Kutner, Injury Attorneys, for Safety Code Premises Cases?

Some of the many reasons to choose Adam S. Kutner, Injury Attorneys, for safety code premises liability cases include:

• Award-winning Las Vegas law firm, year after year (Best Personal Injury Lawyer, Best Accident Lawyer, Best Law Customer Service, and Best Law Firm).
• Free case evaluations and consultations.
• No upfront legal fees — cases are taken on a contingency basis.
• Compassionate, caring, dedicated legal team and lawyer.
• Manages every aspect of your case from gathering evidence and filing your claim to negotiating a settlement.
• Aware of insurance company tactics and tricks to secure maximum settlements.
• Assists with more than just your case, like finding a doctor or renting a car.
• Aggressive litigation at trial, if necessary.
• Thorough understanding of Nevada and Las Vegas premises liability laws, building codes, and safety codes.
• Almost four decades of legal experience and expertise.
• Successful recovery of hundreds of millions of dollars for our clients.

If you suspect a property owner has committed a building code or safety violation that caused your injuries, do not delay getting free legal advice. Find out your options before speaking to the insurance company by contacting our Las Vegas premises liability attorneys for a free consultation today.

Safety Code Violation FAQ