The Basics of Premises Liability in Nevada. When are owner’s Liable?
In Nevada, the law requires property owners to keep their premises reasonably safe at all times. Unfortunately, many simply do not do this.
A person who has been injured on someone else's property, may be able to get compensation for their injuries. Compensation for premises liability in Nevada can include redress for:
Occupational or physical therapy,
Pain and suffering, and
In cases where the defendant’s actions consist of fraud, malice or oppression, possibly, punitive damages.
At F. TRAVIS BUCHANAN, ESQ., & ASSOCIATES, PLLC, we represent individuals in:
SLIP AND FALL INJURIES.
Property owners are required to keep their premises safe. This includes having floors that are reasonably safe to walk on.
If conditions are temporarily unsafe -- for instance because food or liquid is spilled, property owners must take reasonable steps to remediate the danger.
For conditions that can't be immediately remedied, property owners are required to post appropriate signage warning people of the unsafe condition. They are also legally obligated to repair potential safety hazards as as soon as reasonably possible.
If you have been injured as the result of a slip-and-fall related injury in Nevada, you may be entitled to compensation. F. TRAVIS BUCHANAN, ESQ., & ASSOCIATES, PLLC may be able to help you recover lost wages, medical expenses, and money for your pain and suffering.
DOG BITE INJURIES
Homeowners and other property owners are required to keep their dogs in a securely enclosed setting, on a leash or in an otherwise secure location, such as a residence. Dog owners also have a duty to keep their dogs away from any visitors and guests, if their dog is known to be a biting hazard.
If you sustained a dog or other animal bite while you were on someone else's property, you may be able to receive compensation for your injuries from the property owner or the owner's liability insurer.
Our firm has also handles claims against apartment complexes and condominiums; large commercial retailers, such as Walmart, Home Depot and other big box department stores.
WHO IS GENERALLY LIABLE IN PREMISES LIABILITY CASES?
Determining liability can be complicated. In many cases, the property owner’s insurance company may deny liability, outright, and claim that no one is responsible for your injury. If this happens to you, let F. TRAVIS BUCHANAN, ESQ., & ASSOCIATES, PLLC your advocate and fight for you.
PREMISES LIABILITY AND HOTEL PROPRIETORS
Hotel proprietors have a duty to take reasonable measures to prevent foreseeable injuries. In Humphries v. New York, New York, a recent Nevada Supreme Court case, the Court took an expansive view of what is considered foreseeable:
NRS 651.015 precludes [hotel] liability unless the wrongful act that caused the injuries was foreseeable...a wrongful act is not foreseeable unless the owner or innkeeper failed to exercise due care for the safety of the patron or other person on the premises or had notice or knowledge of prior incidents of similar wrongful acts on the premises ... Foreseeability based on the failure to exercise due care does not depend solely on notice or knowledge that a specific wrongful act would occur, but instead is about "the basic minimum precautions that are reasonably expected of an owner or innkeeper." ... And foreseeability based on notice or knowledge of "[p]rior incidents of similar wrongful acts," ... requires a case-by-case analysis of similar wrongful acts, including, without limitation, the level of violence, location of attack, and security concerns implicated."
In light of this important decision, if the plaintiff's injury was reasonable foreseeable, the hotel should be held liable even if the proprietors did not know that the plaintiff's specific injury would occur.
WHAT YOU SHOULD DO IF YOU ARE INJURED IN A PREMISES LIABILITY MATTER
It is important to keep records of everything that happened, including writing down your version of events early while it is still fresh in your mind. You should also take photos of any visible injuries, both when they first occur and as they progress. Other documents to retain include a police report or incident report if one was lodged with the property you wherein you were injured. If you are privy to any information or documents or correspondence with the property owner about violations or hazards, be sure to keep copies of such information.
If you were injured on someone else's property, you may have a legal claim against the property owner or insurer. F. TRAVIS BUCHANAN, ESQ., & ASSOCIATES, PLLC is eager to assist you in seeking redress against the property owner.