Henderson Premises Liability Attorney
Premises liability is a legal term that refers to the legal obligations of a property owner to a person who is on their property. It involves the injuries that happen when a property owner does not properly maintain their premises or their property and, as a result, someone suffers an injury.
If you or a loved one was injured in a premises liability accident in Henderson, NV, call Panish | Shea | Ravipudi LLP to speak with an experienced premises liability lawyer who can evaluate your case and answer all your questions. We offer a free, no-obligation consultation and charge no fee unless we recover compensation on your behalf.
Compensation For a Premises Liability Accident in Henderson, NV
If you are injured on someone else’s property, you may be entitled to compensation through a premises liability claim. Under Nevada premises liability law, property owners and occupants have a duty of care to keep their property reasonably safe.
This duty of care obligates property owners to maintain their property, inspect the property, repair any potentially dangerous defects and give adequate warning of any hazardous conditions.
It is also important to note that premises liability applies to the person in possession of the property (the owner, lessee, or occupant), not necessarily the person who owns the property. This means that a tenant could also be liable under the theory of premises liability.
That is why it is best to consult with an experienced Nevada personal injury attorney who can help you identify every party that you may hold responsible for your injuries and assist you with getting the compensation you deserve.
Types of Premises Liability Cases
A premises liability case can arise from a variety of different circumstances, for instance:
- Slip and fall accidents
- Animal attacks and dog bites
- Swimming pool accidents
- Elevator and escalator accidents
- Water leaks or flooding
- Toxic chemicals or fumes
- Poor maintenance; and
- Negligent security
In every one of these situations, a property owner is obligated to keep their property reasonably safe. That means taking the necessary steps to regularly inspect their property and repair any hazardous conditions they find.
What is Required to Succeed in a Premises Liability Case in Nevada?
Premises liability can be a tricky claim to make, one that requires that you prove there was clear negligence on the part of the property owner to either keep you safe or warn you of hazards, and that you were rightfully visiting the defendant’s property and weren’t trespassing.
To succeed in a premises liability case in Nevada, the following key components must exist:
- The property was owned, occupied, or managed by the defendant;
- The defendant failed to provide ordinary care to prevent you from being harmed;
- You (the plaintiff) were harmed due to the defendant’s negligence, or their negligence was a sizable factor in the cause of the harm you suffered; and
- You suffered demonstrable damages as a result of being harmed on the defendant’s property
Whether you are able to hold the property owner or occupier liable for your injuries will also depend on what duty of care they owed to you while you were on their property, which will largely depend on:
- Why you were on the defendant’s property; and
- The extent of the defendant’s knowledge that you were on their property
In Nevada, the duty of care owe by a property owner to a visitor depends on whether that person was classified as a trespasser, licensee, or invitee.
A trespasser is a person who enters a property without the owner’s consent and remains there. A property owner owes the lowest duty of care to a trespasser. Property owners are only required to refrain from causing trespassers willful or wanton injury.
A person who has the owner’s consent to enter their property, such as a guest at a party, is classified as a licensee. In this situation, the property owner has a higher duty of care. The property owner must take care of a licensee like they would take care of a member of their own family.
An invitee is a person who was invited (expressly or implied) onto a property by the owner for mutual economic benefit, such as a customer in a retail store. This is the highest level of duty of care that a property owner can have. The property owner has a duty to protect the invitee from unreasonable risks, regularly inspect the property, and warn the invitee of any hazards that exist on the property.
Do I Need a Lawyer for My Henderson Personal Injury Case?
A property owner’s liability for your premises liability accident is not automatic. For liability to exist, you must either file a claim with the property owner’s liability insurance provider or initiate a lawsuit against them. Because of the intricacies involved in premises liability cases, it is highly recommended to hire a personal injury attorney with experience helping clients in similar situations.
The right attorney can help you navigate the claims process and demonstrate how the property’s owner or manager failed to take proper precautions to ensure your safety. Your attorney can also help show that you executed reasonable care and that the cause of the accident was not your own negligence.
It is also important to act quickly as the statute of limitations could significantly affect the time you have to assert your claim. Your attorneys need to gather evidence right away, identify the right defendant(s), and carry out a thorough investigation of the circumstances involved in your premises liability accident before the time you have to file a claim expires. So the sooner you call our law firm, the better.
Contact an Experienced Premises Liability Attorney in Henderson NV
If you or a loved one was injured on someone else’s property, and you have questions about premises liability, or would like to discuss your case with us, call our law firm.
We handle premises liability cases on a contingency fee basis, meaning that you pay no fee unless we recover compensation for you. No matter your injury our team may be able to help.
Call Panish | Shea | Ravipudi LLP to arrange a free, no-obligation consultation with an experienced premises lawyer in Henderson, Nevada.