Common Types of Premises Liability Claims in Las Vegas 

What Is Premises Liability? 

Nevada’s premises liability laws state that the owner of a property has a duty to maintain reasonably safe premises for visitors and guests. If you were hurt as a result of a property owner’s negligence, you may be able to file a Nevada premises liability claim to recover your losses.  

Establishing negligence means demonstrating that the other party knew a hazard existed but did nothing to resolve it, resulting in injuries. Vitally, property owners don’t owe the same duty of care to trespassers.  

Essential Elements of a Premises Liability Claim 

Premises liability claims in Las Vegas are similar to other types of personal injury cases. You must prove that a dangerous condition existed on the property that the owner knew or should have known about. Additionally, the property owner or manager must have failed to repair or otherwise address the hazard. 

The principles of premises liability in Nevada then require establishing that the hazard resulted in injuries for which you can be compensated for. Comparative negligence laws also apply in Nevada. This means that if you were partially responsible for the accident that caused your injuries, the available damages will be reduced proportionally.  

The Most Common Types of Premises Liability Cases in Las Vegas 

Some of the most common premises liability cases in Las Vegas include the following: 

Slip-And-Fall Accidents 

Slip-and-fall accidents are a frequent issue in Las Vegas. Older hotels and casinos may not have the best lighting, making it easier for visitors to trip and fall. Moreover, the stairs could be rickety and the carpet loose. 

To successfully file a claim after a slip and fall, you must show that the owner knew about the potential danger and didn’t fix the problem or warn visitors.  

Inadequate Security and Criminal Acts 

Some of the most common premises liability lawsuits in Las Vegas occur because of inadequate security. Guests walking in and out of casinos can be targeted and assaulted by thieves. Property owners must anticipate this danger and install security cameras and other features to keep visitors safe.  

Additionally, businesses and hotels must have appropriate lighting to deter criminal acts. To hold an establishment legally responsible, there must have been previous similar incidents or an obvious risk of harm. 

Dog Bites and Animal Attacks 

Nevada has a one-bite rule, which means that a dog owner isn’t automatically liable for the animal’s first bite. If, however, the owner knew that the animal was dangerous or had bitten someone before, they could be held liable.  

If the owner’s conduct was egregiously negligent or malicious and resulted in an injurious attack, it may trump the one-bite rule. 

Swimming Pool Accidents 

Las Vegas hotels, condos, and private rentals typically have pools. If a property owner neglects to set up fencing or warning signs or hire lifeguards, and a visitor gets hurt, they could be responsible for the injuries that occur.  

Poor Maintenance and Defective Conditions  

Commercial and residential property owners have to maintain their premises. If they allow stairs to break down, carpets to buckle, or elevators to malfunction, or don’t address deterioration, like structural damage, guests can sustain injuries.  

Falling Objects and Retail Store Accidents 

Retail stores must take steps to protect customers from falling objects. Shelves must be stocked correctly, and displays must be secured. This can also be an issue in casino and hotel lobbies, especially during the holidays when decorations tend to be numerous. 

Additional Examples of Premises Liability Accidents   

Other examples of premises liability accidents include: 

• Amusement park accidents 
• Parking lot assaults 
• Hotel room dangers, including insect infestations 
• Construction site hazards for visitors and guests 

Virtually any situation in which you get hurt because of negligence on someone else’s property can be the basis for a premises liability claim.  

What Should You Do After a Premises Liability Accident in Nevada?  

Before you do anything else, seek medical attention, even if you think your injuries are minor.

Next, report the accident to the property owner or manager. Take pictures or videos of the accident scene and any visible injuries. The property owner may try to destroy evidence of the hazard, so don’t wait to document these conditions.

Speak with any witnesses and collect detailed statements and make sure to retain all medical records and evidence of your losses. It can also help to explore various premises liability legal resources.

You’ll likely be contacted by the liable party’s insurance company with a settlement offer. Never agree to a settlement without first speaking with an attorney.

How To File and Prove a Premises Liability Claim in Las Vegas

When figuring out how to file a premises liability claim in Las Vegas, the first thing to do is to consult a qualified attorney. You can then start gathering the evidence you need to support your claim.

Nevada has a two-year statute of limitations in which injured parties can initiate legal claims. Your lawyer can help you file your claim and oversee the negotiation process to help you obtain a fair settlement. If the at-fault party or their insurer isn’t willing to settle, your lawyer will take your case to court.

Damages Available in Nevada Premises Liability Cases

Claimants in Nevada premises liability cases stand to obtain both economic and non-economic damages.

These awards may include:

• Medical expenses
• Lost income and earning capacity
• Emotional distress
• Property damage
• Wrongful death damages

In cases involving particularly careless or malicious conduct, the court may also award punitive damages to penalize the defendant.

Common Types of Premises Liability Nevada FAQs