Premises liability laws pertain to injuries and damages sustained on private property. Premises liability claims may also arise from injuries sustained on government-controlled property, but the process of pursuing a claim against a public office is different from one against a private property owner. If a property owner somehow allows a lawful visitor to his or her property to suffer an injury from a foreseeable hazard, the property owner will likely absorb liability for the victim’s damages.
Many possible injuries could lead to premises liability claims, including slip and fall accidents, negligent security-related injuries, dog attacks, and more. Anyone injured due to negligent property management or maintenance in Las Vegas should contact Cogburn Law today to schedule a consultation with one of our top rated Las Vegas personal injury attorneys.
Why Hire Cogburn Law?
- Our firm has a reputation for offering top-notch, individualized legal representation in a wide variety of civil claims. Las Vegas residents know that when they need personal injury representation, Cogburn Law offers unparalleled service.
- We have successfully handled a plethora of personal injury claims since 2005 and our firm focuses specifically on personal injury law.
- We are trial lawyers. We understand that the trial value and settlement value of a case can be very different and are not afraid to take our clients’ cases to trial to ensure they receive the most compensation possible for their personal injury claims.
- We offer contingency fee billing. This means we stake our success on yours; we do not collect legal fees unless we win your case.
Las Vegas Premises Liability Resources
- Why is hiring a premise liability attorney crucial?
- How much is my Las Vegas Premises Liability case worth?
- How do you prove negligence in a premises liability claim?
- What is premise liability?
- What is the duty of care for visitors in Nevada?
- What is an attractive nuisance?
- What are the most common premise liability claims?
Why is Hiring a Premises Liability Attorney Crucial?
Some people with personal injury claims may believe their claims are so straightforward that they can manage self-representation and save money on legal fees. The average person with no legal experience or training will have a great deal of difficulty navigating the Las Vegas court system’s strict filing deadlines and other requirements, especially when recovering from a premises liability injury. No matter how open-and-shut a claim may appear at first, countless possible complicating factors can arise. A plaintiff may not know how to handle these situations without professional legal representation.
Hiring an experienced Las Vegas accident attorney to handle a premises liability claim not only increases the plaintiff’s chances of succeeding with the claim but will also likely lead to more compensation than a plaintiff could have secured on his or her own.
How Much is My Las Vegas Premises Liability Case Worth?
Plaintiffs who succeed with their premises liability claims can secure several types of compensation.
- Immediate and future medical expenses resulting from the injury. For example, medical expense damages can include hospital bills, airlift or ambulance fees, prescription costs, and any costs for necessary ongoing care following an injury such as physical therapy.
- Wages lost during recovery or the time in the lawsuit. Additionally, if the plaintiff suffered a permanent disability that prevents working in the future or returning to the same job, the plaintiff may be able to secure compensation for lost future earnings.
- Physical pain, emotional suffering, and psychological distress resulting from a personal injury. Nevada does not place any cap or limit on pain and suffering recovery except in medical malpractice cases.
- Replacement or repair costs. If a property owner’s negligence somehow damaged or destroyed the plaintiff’s personal property, such as a smartphone or expensive wristwatch, the plaintiff can claim those as damages as well.
- Punitive damages if the defendant’s negligence exceeds the scope of typical negligence or involved any type of criminal activity. For example, if a visitor on private property suffered burn injuries when the property owner’s methamphetamine lab exploded, the property owner would very likely face punitive damages due to the criminal activity taking place on the property.
The first step in securing compensation after a premises liability accident is to contact a Las Vegas premises liability attorney. Contact Cogburn Law today to schedule a free case evaluation with one of our top-rated attorneys. Once we know the details of your premises liability claim we can let you know what to expect from the lawsuit process, the types of compensation you could expect if you win, and how our firm can help.
How do you Prove Negligence in a Premises Liability Claim?
The plaintiff in a premises liability lawsuit must prove several facts to succeed with such a claim. First, the plaintiff must show that the property owner in question had a duty to prevent the injury in question, or that the injury in question was reasonably foreseeable. Next, the plaintiff must show that his or her injuries resulted solely from the property owner’s failure to adequately maintain the property, or that the property owner failed to notify the plaintiff of a known safety issue on the property.
The plaintiff must also provide evidence that shows the extent of his or her injuries. He or she must prove that those injuries only occurred due to the property owner’s negligence or would not have happened but for the property owner’s negligence. If the plaintiff can successfully prove that the property owner failed to uphold his or her duty of care in regard to the safety of the property, the plaintiff can secure different types of compensation that reflect his or her damages.
What is Premises Liability?
Property owners have a legal duty to ensure that lawful visitors to their properties do not suffer needless, preventable injuries. A property owner has a responsibility to consistently maintain his or her property, address known safety issues, and prevent injuries to visitors from known hazards. The concepts of duty of care and foreseeability are extremely important in any premises liability claim; the plaintiff must be able to prove that the defendant in the claim failed to uphold his or her duty of care or otherwise caused the plaintiff’s injuries due to negligent care of the property in question.
The basic duty of care for all private property owners is to exercise reasonable care in the management and maintenance of the property. This means accounting for known safety issues and preventing those issues from causing injuries to lawful visitors to the property. This is an important distinction; a property owner owes no duty of care to trespassers except in specific circumstances involving trespassing children.
What are the Duties of Care for Visitors?
Lawful visitors to a property can include invitees and licensees. An invitee is an individual with the property owner’s express or implied permission to visit the property. Neighbors, relatives, and friends generally fall into this category. Licensees are other visitors to the property with the property owner’s express or implied permission to visit the property, but they are there for their own purposes. Licensees typically include salespeople and utility workers.
A trespasser is someone who does not have permission to enter the property. If a trespasser suffers an injury on private property, he or she cannot file a lawsuit against the property owner since he or she had no legal reason to be on the property. The only possible exception would be a trespassing child; children do not have the same degree of self-awareness or the same ability to make good decisions as adults. If the risk exists that a child could interlope on a property, the property owner should take care to prevent injuries to the child in a reasonable manner.
What Is an Attractive Nuisance?
Some property owners may have things on their properties that are irresistible to children, and those property owners must take care to prevent injuries should a child investigate these attractive nuisances. An attractive nuisance could be an unfenced swimming pool, a tire swing, or a tree that looks perfect for climbing. If a neighbor’s child could foreseeably wander on to the property to investigate such an attractive nuisance and suffer an injury, the property owner should take reasonable steps to prevent such injuries.
What are the Most Common Premises Liability Claims?
Many different types of premises liability claims exist.
- Slip and fall claims can arise when a property owner fails to adequately clear snow and ice, repair a broken staircase, or leaves walking paths cluttered. Slip and fall accidents can also happen from poor lighting, tripping hazards, wet floors, and loose or broken floorboards or steps.
- Negligent security claims arise when a property owner’s security measures fail to prevent a foreseeable injury from a third party. For example, a privately-owned apartment complex will likely have some kind of access card system to allow entry into the building. If a keycard reader fails and allows anyone entry into the building, the property owner must fix it in a reasonable time. If such an incident occurred and a criminal entered the property and committed an assault or other violent crime against a tenant, the property owner would likely face liability under premises liability law.
- Dog attacks are often unpredictable; some dogs with no history of violence suddenly lash out, sometimes for seemingly no reason. Unlike some other states, Nevada has no specific laws regarding dog bites. Instead, the court will refer to precedents set by previous, similar cases. Some areas of Nevada have local ordinances with strict requirements for handling dogs, and a dog owner who violates these statutes would likely qualify as negligent per se.
This is not a complete list; any accident that occurs on privately owned property could potentially lead to a premises liability claim if the victim can prove that the property owner could foresee the incident and the property owner failed to exercise reasonable care of the property.
Our Las Vegas premises liability attorneys understand the Las Vegas court system and Nevada laws that come into play with these cases. At Cogburn Law, we can help build a strong claim, exhaust every available option for compensation, and handle insurance-related correspondence so the client can focus on recovering from his or her injuries. Call us today for a free case consultation.