What Is Premises Liability?

Premises Liability in Nevada

Nevada has its own specific premises liability laws, and in Nevada, the laws are comprehensive. They are outlined in Nevada Revised Statutes (NRS) 41.030 and detail the fundamentals of the rights in a premises liability case.

The law clearly outlines the rights of an owner or occupant of the premises as well as their responsibility of exercising ordinary care so that a premise is reasonably safe and that hidden dangers are made known and/or addressed.

The law also defines what constitutes a visitor. All visitors have some type of protection, but the type of visitor will determine the extent of a property owner or occupant’s duty.

For example:

• Invitees receive the highest duty of care. This is someone who is invited onto a property for an economic benefit, such as a customer in a store, a client at a business office, or a diner in a restaurant.
• Licensees represent visitors who are guests on an owner or occupant’s property for social reasons, such as being a dinner guest in someone’s house, visiting a neighbor, or coming onto the property with the owner’s permission.

· Trespassers are afforded the lowest duty of care and typically include someone who enters the property without permission. Typically, an owner or occupant does not have a duty of care, though factors like a trespasser’s age and whether an owner or occupant intentionally set out to harm the trespasser through setting traps or an intentional injury can change the duty of care a trespasser is owed.

Is Premises Liability the Same as Negligence?

Premises liability and negligence are not the same thing, though they are two concepts that relate closely to one another. Premises liability is a specialized form of negligence law, and all premises liability claims are rooted in the principles of negligence.

To understand these two concepts, you’ll need to have a better understanding of what negligence is. Negligence is the legal concept that there was a failure to exercise reasonable care by a responsible individual, which led to someone suffering an injury as a result.

For an action to meet the threshold of negligence, four elements must be present:

1. Duty of care: The defendant must have had a legal duty of care to the plaintiff. As with all specialized laws, premises liability laws help establish what the duty of care is, depending on the defendant’s role in the case.
2. Breach of duty: The defendant failed to meet the standard of care, regardless of intent.
3. Causation: Often the most complex part of negligence, this is the legal notion that the defendant’s breach of duty was the direct and proximate cause of the plaintiff’s injuries.
4. Damages: Finally, the plaintiff must have suffered actual, measurable losses, such as a medical injury, medical bills, lost wages, property damage, etc.

Once negligence is established, it will be applied to the specialized subset of negligence laws known as a premises liability lawsuit.

How Long Does a Premises Liability Claim Take To Settle?

As with all personal injury laws, premises liability claims can settle anywhere from a couple of months to a couple of years. It all depends on the complexity of the case, the injuries that were suffered, the defendants involved, and other factors. Typically, the more complex a case and the more parties involved, the longer the case will take to resolve.

How your case unfolds can also impact resolution time. For example, an overwhelming majority of cases will be resolved through a settlement, which can take anywhere from five to 12 months. However, if you and the negligent parties cannot come to a conclusion, and you go to trial, the resolution time can be stretched out further.

Can I Sue My Landlord for Injuries Sustained on Rental Property?

Yes, you could sue your landlord if you sustained injuries while living in a rental property and the negligence laws of premises liability in Nevada will still apply.

Under Nevada’s law, landlords have a general duty to maintain common areas, including stairwells, parking lots, and other common spaces, so that you have a reasonably safe living environment. They are also in charge of taking care of other contractual obligations, like repairs. If they violate contractual obligations and you suffer an injury as a result, you may be able to take legal action.

Typically, however, premises liability is generally attached to a landlord if they knew or should have known that there was a dangerous condition on the property and they failed to properly address it within a reasonable amount of time.

To hold a landlord responsible, you’ll need to refer to your rental lease to determine what violations exist and if there was a failure in the standard of care.

Who Is Responsible if Multiple Parties Are Involved in a Premises Liability Case?

When there are multiple parties involved in a premises liability case, Nevada’s comparative negligence system will apply, codified in NRS 41.141.

The state’s comparative negligence system can split liability among:

• A property owner
• A management company
• Maintenance contractors
• And even the tenant who is in control of the area

If you were partially at fault for your injuries, you could also be held liable as well. Your settlement will be reduced by the percentage of fault you had in your injury. It’s important to recognize as well that under this law, individuals who are 50% or more at fault for their injury can be barred from recovering damages entirely.

What Is the “Open and Obvious” Hazard Rule in Premises Liability?

One of the most common defenses used in premises liability cases is the “open and obvious” rule. Nevada has adopted this rule, but it’s nuanced.

Under this rule, property owners may not have a duty to warn or address a hazard that is readily apparent to a reasonable person. However, following the state Supreme Court ruling in Foster v. Costco Wholesale Corp., this rule is not an absolute bar to recovery. Instead, it is used as a factor when considering a plaintiff’s comparative negligence.

Despite this, property owners may still owe a duty of care if they could foresee that harm could happen because of an obvious danger that existed and wasn’t remedied, for example, a broken step that could result in a trip and fall down a staircase.

What To Do After a Premises Liability Injury

If you’ve been injured on someone else’s property, knowing what to do after your accident is essential. The faster you act, the sooner you can get the legal representation to cover the cost of mounting medical bills and missed time off work.

Here’s what to do after getting injured on someone else’s property:

• Take pictures of the scene, the hazard that caused your injury, and any injuries you’ve sustained — even if they present themselves days after your injury. These types of images can show the different healing stages of your injury, which can help make clear the extent of the injury you’ve suffered.
• Report the injury to the building manager, the property company, or the property owner. This allows you to ensure a record of your injury. After you’ve filed a formal, documented report, ask to get a copy of the report for your own records. If the situation warrants it, contact 911 or your EMS to ensure you get medical care.
• Get appropriate medical care as quickly as you can. The easiest way to do this is by contacting EMS to arrive on scene. Seeking out medical care immediately helps establish the credibility of your claim that you were injured. It also helps build the documentation trail defining the initial and ongoing cost of the medical care you’re receiving. Make sure to follow up with all doctors’ appointments and keep up with recommended care.
• Speak with a personal injury attorney. Obtaining legal support as soon as you can is critical. At Adam S. Kutner, Injury Attorneys, we offer free case consultations so that you can have a full understanding of what your legal rights and options are and what possible outcomes in your case might be.

Speak With a Premises Liability Injury Attorney Today

You don’t have to navigate the path to justice and healing alone. At Adam S. Kutner, Injury Attorneys, you’ll have access to the legal expertise that will help you understand your legal rights and options so that you can plan for the best path forward.

Our experienced premises liability injury attorneys offer free case evaluations, making it easy for you to get immediate legal support, even if you’re unsure of how to proceed. Our attorneys will give you insight into what you need to know and what to expect through the legal process.

If we do take on your case, we’ll be with you every step of the way, helping collect compelling evidence, identifying negligent parties, and maintaining open communication so that you feel confident and supported as your case unfolds.