Table of Contents
Experienced Las Vegas Premises Liability Lawyer Near You
When you enter someone's property or an establishment, you are under the belief that the property and its features, such as the swimming pool, are secure, well-maintained, and up to all applicable safety standards.
However, like on the roads of Las Vegas, negligence runs rampant in businesses and establishments that welcome hundreds to thousands of guests a day.
Such negligence, half-fast behavior, or neglect of maintenance on a property could lead to severe injuries and damages to you and your family, which can potentially create a serious financial burden due to mounting medical bills, lost income, and out-of-pocket costs resulting from the incident.
Luckily, there is a way to stop the physical, mental, and financial distress caused by the property owner's negligence, as when you contact our experienced Las Vegas premises liability lawyers, legal action will be immediately taken by Las Vegas's top attorneys against the property owner in order to obtain you a finaincal settlement which fully compensates you for your injuries and damages.
Schedule a free consultation with our Las Vegas premises liability attorneys today and start exploring your legal options by calling (702) 566-3600.
About Founding Attorney Rodney Okano
Attorney Rodney Okano is a skilled Nevada personal injury lawyer with over 20 years of experience in Nevada and personal injury law. With his expertise, he has helped thousands of people injured in accidents obtain the financial settlement they're entitled to.
Contact Attorney Rodney OkanoClient Reviews
See why clients choose us to represent them in their legal matters.
Mr. Okano was easy and pleasant to work with. He handled my case successfully and negotiated hard on my behalf. I will seek him for my future needs.
One of the best! Anytime I had a question or concern, they answered thoroughly and genuinely. My best interest was always the number one priority.
How Does Nevada Law Define Premises Liability
Under Nevada law, all property owners, managers, and occupiers who welcome guests onto their property have a legal duty to keep their premises reasonably safe and maintained.
In accordance with Nevada's premises liability laws, if a dangerous property condition is found, such as wet floors, broken stairs, or poor lighting, and the owner knew of it or should have known of it, and injuries or damages resulted from it, they could be held civilly liable.
Additionally, Nevada's premises liability laws also include owner liability for any attractive nuisances they leave on their property, such as unfenced swimming pools, open holes, or abandoned vehicles, that go on to injure an young child who is assumed to know no better.
Steps to Filing a Premises Liability Claim in Las Vegas
The steps to filing a premises liability case are crucial to understand when seeking a financial settlement after suffering injuries on someone else's property.
Without a solid step-by-step plan for filing your premises liability lawsuit, you could put your financial settlement or legal rights at risk.
The best course of action you should take in filing a premises liability claim in Las Vegas, and the one our premises liability attorneys recommend, is:
- Report the Incident to the Owner or Manager: Find the owner or on-shift manager and report the incident to them. If any incident reports are filed, be sure to obtain copies of them, as they will be used as evidence in your Las Vegas premises liability claim.
- Document the Accident Scene: Use your phone to take pictures and videos of the accident scene. Prioritize capturing key elements such as the hazard that caused the accident and the lack of warning or barriers. Additionally, gather all the statements and contact information of any witnesses.
- Seek Immediate Medical Treatment: Insurance companies love to deny or lower insurance claims based on the fact that the claimant delayed seeking medical care, so ensure you obtain prompt treatment from a medical professional and receive medical records documenting any injuries you may have sustained.
- Consult with a Las Vegas Premises Liability Lawyer: Attempting to win and obtain a fair settlement in a premises liability case can be a challenging task, especially if the establishment you were injured in is a large casino or hotel. Ensure a fair fight by contacting an experienced premises liability attorney from our Las Vegas personal injury law firm.
What Damages Can You Seek in a Las Vegas Premises Liability Case
In Las Vegas premises liability accidents, Nevada law makes a variety of damages available for victims to seek, and while there is no guarantee you'll receive financial compensation for all of them, the most common types of economic and non-economic damages are important to understand when starting the legal process behind premises liability cases.
Economic Damages
Economic damages refer to tangible losses that can be measured down to an exact amount, such as $5,457.89.
Common economic damages in premises liability cases are:
- Medical expenses (Past and future)
- Lost wages (Past and future)
- Loss of earning capacity
- Out-of-pocket expenses
Non-Economic Damages
Non-economic damages are damages that are considered "subjective", such as physical and emotional pain.
Non-economic losses that could be sought in a premises liability injury case are:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Mental and physical effects caused by a permanent disability
Punitive Damages
Punitive damages are a court-awarded financial penalty against negligent property owners, intended to deter similar negligent or reckless conduct.
While punitive damages are available to all premises liability victims under NRS 42.005, they are typically only given in cases where a property owner acted in extreme recklessness or committed intentional acts that led to your injuries.
Common Types of Premises Liability Accidents in Las Vegas
Las Vegas is a city of attractions, and while those attractions, such as casinos, hotels, and unique entertainment options, support Nevada's economy and provide a good time for locals and tourists alike, they also create the possibility for a lot of different types of premises liability cases.
However, there is a group of premises liability incidents that are more frequently seen than others.
Slip and Fall Accidents
Resulting from slippery floors, uneven surfaces, loose carpeting, and poorly maintained walkways, slip and fall accidents are by far the most common type of premises liability accident in Las Vegas.
Suffering a slip and fall can result in broken bones, spinal cord injuries, and brain damage, depending on the age of the victim and how they feel.
Negligent Security Incidents
Las Vegas casinos and hotels attract thousands of guests daily, making it crucial that their properties are protected by adequate security guards and surveillance cameras.
However, when a property has improperly trained or inadequate security and an assault, robbery, or any other violent crime occurs on its premises, the property owner could be held liable.
Swimming Pool Drownings
Apartment and hotel pools must be well-maintained and supervised by their owner; however, there are times when a property owner neglects their property's pools, leading to swimming pool accidents that could lead to fatalities in the event of a drowning.
Elevator and Escalator Injuries
While elevators and escalators are a handy way to get around a large building, they can become dangerous pieces of machinery when a property owner neglects maintenance or ignores defective parts.
Dog Bites
Property owners, commonly homeowners, can be held liable for the injuries their dog causes to someone who is legally on the premises or near it under NRS 202.500.
However, Nevada follows a one-bite rule, meaning a Nevada property owner or dog owner may not be held liable for the first time their dog attacks someone. Therefore, it's crucial to speak with a Las Vegas dog bite lawyer to learn if you may have a valid premises liability case or dog attack case.
How Can I Prove My Premises Liability Claim
When seeking to hold property owners liable for their unsafe premises that resulted in your injuries and damages, you cannot expect just to make a claim, show your injuries, and obtain a financial settlement.
No, instead, you must back your premises liability case by proving the following four key elements:
- Duty of Care: Like in any other personal injury case, you must first prove that the property owner owed you a duty of care. Whether or not the property owner owed you a duty of care typically depends on your status: invitee, licensee, or trespasser.
- Breach of Duty: Once a duty of care is established, you must show that the property owner breached the duty of care owed to you by committing a negligence act, such as leaving a dangerous condition on their property or not hiring nightclub security on a busy night.
- Causation: After a breach of duty of care has been identified, it must be proven that the dangerous condition on the premises directly resulted in your injuries or damages.
- Damages: The final part of proving a premises liability accident is demonstrating the damages you suffered from the unsafe conditions. Proving damages can be done through documents showing your medical costs, lost wage statements, and testimony from friends and family detailing how the injuries affected your daily life.
Successfully proving duty of care, breach of duty, causation, and damages, and then obtaining the maximum settlement from your premises liability lawsuit can be a challenging task, so it's highly recommended to contact a top-rated Las Vegas premises liability accident lawyer from our law firm by calling (702) 566-3600.
What Are the Three Visitor Classifications in Nevada's Premises Liability Law
A key part of a premises liability injury claim is the classification of the victim, as under Nevada law, there are three potential classifications a person could fall under when entering a property owner's premises.
Invitees
An invitee is someone who is welcomed onto the property for the benefit of the property's owner.
Common examples of establishments that see invitees include casinos, stores, and apartment complexes.
Licensees
A licensee is a person who is on a property for non-commercial purposes.
Licensees are typically social guests or other guests who don't inherently benefit the owner by their being there.
Trespassers
As the name suggests, a trespasser is someone who enters a person's property without permission.
In most cases, a trespasser has no legal grounds to sue for damages if a dangerous condition injures them, unless the trespasser is a young child who was enticed by an unprotected hazardous item.
Frequently Asked Questions About Las Vegas Child Injuries
What Is the Average Settlement for Las Vegas Premises Liability Claims?
In Nevada, the average settlement for a premises liability claim is around $15,000 to $75,000.
However, if you suffered a severe injury such as a traumatic brain injury or spine injury, you could expect a settlement ranging from $100,000 to $1 million.
What Is the Statute of Limitations for Filing a Premises Liability Claim in Nevada?
Nevada's statute of limitations for personal injury claims, which premises liability claims fall under, is two years from the date of the incident.
|
00:58
Learn How Attorney Rodney Okano Can Help
See how Attorney Rodney Okano helps clients get the compensation they're entitled to regardless of the odds.