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Las Vegas Premises Liability Lawyer

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Las Vegas Premises Liability Lawyer

Premises liability is a complex area of law that includes all types of injuries and accidents that occur on another person’s property. Injuries such as swimming pool accidents or a slip and fall in a casino bathroom are all that could have been prevented for various reasons.

Fortunately, a Las Vegas premises liability attorney at De Castroverde Accident & Injury Lawyers has nearly 30 years of experience successfully handling cases like this and helping their clients through the entire legal process.

While some injuries or accidents that take place on another person’s property are due to an accident or could not have been prevented, many more could have been prevented had the property owner taken reasonable care of their Las Vegas property.

What You Deserve After a Las Vegas Premises Liability Accident

Nevada law allows victims of negligence to pursue compensation that covers the many ways their injuries have affected their lives. Typically, this compensation is a combination of economic and non-economic damages (NRS § 41A.007, NRS § 41A.011). These two types of financial recovery are designed to pay for your losses and acknowledge the pain and inconvenience of suffering an injury.

Our personal injury attorneys serve Las Vegas premises liability victims by collecting evidence of and constructing an argument for appropriate damages. You may not realize the extent of your injuries or their ramifications, and insurance companies and property owners may try to take advantage of that by offering less than you deserve. We won’t let them get away with that.

Economic Damages

These are sometimes referred to as “tangible” losses because these damages can cover specific bills that arise from your injury. Compensation can help with the cost of:

  • Emergency care
  • Diagnostic tests
  • Hospital stays
  • Surgery
  • Medical equipment
  • Prescriptions
  • Rehabilitation
  • Mental health care
  • Lost income
  • Reduced earning ability

We think long-term when we evaluate your damages. A broken leg can cost up to $7,500, according to Healthcare.gov, but that estimate may not include the physical therapy you need to get back to where you were before the accident. It also does not include treatment for depression or chronic pain, which could develop after an injury.

The impact on your career is also important to us. Lost income damages can cover salaries, hourly wages, commissions, and even side business income. Talk to us about any revenue streams that were disrupted by this accident, and we can work that into our assessment of your damages.

Your injuries may also have changed your ability to do your job. For instance, if you sustained a traumatic brain injury (TBI) after a slip and fall, you may have suffered from complications, such as memory problems, difficulty writing, or vision and hearing challenges, according to the Mayo Clinic. If you can’t work the same hours or need to find a new job, you should be compensated for lost income, job retraining, and reduced earning capacity.

Non-Economic Damages

While economic damages are for tangible losses, non-economic losses are for intangible ones. These include the change in your enjoyment of life, the emotional stress of dealing with an injury, and the fear and frustration that come with dealing with a premises liability case.

Damages you could receive:

  • Pain and suffering
  • Inconvenience
  • Impairment
  • Disfigurement
  • Diminished quality of life

An insurance company may be more focused on the bills, but we also focus on the personal fallout of being injured.

Illnesses Count Under Premises Liability

Breaking a bone isn’t the only way you can be injured on someone’s property. Illness, infection, and poisoning cases can all come under the heading of premises liability. You could have a case if you suffered from:

  • Carbon monoxide poisoning
  • Sicknesses from fumes
  • Food poisoning
  • Legionnaires’ disease
  • Health problems from mold
  • Secondary infections

For example, if a property owner’s failure to maintain equipment led to a leak of fumes, landing you in the hospital for carbon monoxide poisoning, you can pursue compensation to pay your bills. Poor food storage, lack of sanitation, and bedbug infestations could also lead to illnesses and infections.

In a city known for its hotels, restaurants, casinos, and entertainment venues, it’s important to hold property owners accountable for leaving patrons sick. Our Las Vegas premises liability attorneys can do just that.

Your Life Is Multifaceted — Your Damages Should Be, Too

At De Castroverde Accident & Injury Lawyers, we provide our clients with personalized care and attention. That extends to our evaluation of possible damages. We look into the specifics of your situation to tailor your case to you. Some factors that could affect your damages include your:

  • Age
  • Job
  • Medical history
  • Hobbies
  • Family

Age can affect recovery time, costs, and risk for additional injuries. The Centers for Disease Control and Prevention (CDC) estimate that every year, 3 million older adults require emergency treatment after a fall, with hip fractures and head injuries being common. Older people are in danger of falling a second time. Additionally, the journal Acta Orthopédica Mexicana reports that hip fractures increase the risk of mortality in elderly patients.

The impact on your family is also something we take into account. If you cannot work the same hours because of your injury, that could mean less financial stability for your household. You may also have difficulty caring for your dependents due to your physical condition.

These unique struggles should be the focus of your quest for damages. We keep your specific experiences in the spotlight so that you are compensated accordingly.

Help for Slip & Fall, Casino Injuries & Swimming Pool Accidents in Las Vegas

Premises liability can include several accident types, especially in a city like Las Vegas with its many activities and amenities. However, the biggest risk you should take when walking into a casino is what you’re going to bet in a game.

At any establishment, whether it’s a hotel swimming pool, a restaurant, or a nightclub, visitors should feel safe. Lack of safety, leading to injury, means the property owner was negligent. A more specific definition of negligence includes these four elements:

  1. You were owed a duty of care by the property owner.
  2. The property owner violated that duty.
  3. Because they violated that duty, you were hurt.
  4. Being hurt entitles you to damages.

Let’s say you went to see a show and ended up tripping and falling because of a lack of lighting in a walkway, causing you to break your arm. The theater owed it to you to have any potential tripping hazards lit up so that you could avoid them. By not providing adequate lighting, the venue violated its duty of care, and you were hurt, allowing you to pursue damages.

Property Owners’ Obligation to Visitors

What is defined as reasonable care? A “reasonable” level of care is defined as a landowner’s duty to their guests (and even trespassers in some cases). A property owner is expected to keep their premises free of hazards and imminent dangers that could pose a threat to those on the property. This means:

  • Fixing problems promptly
  • Cleaning up or clearing obstructions
  • Clearly marking hazards
  • Restricting access to dangerous areas

An example of a property owner’s failure to take reasonable precautions and maintain a safe area for guests and customers could include the failure to put out a “wet floor” sign after mopping a section of the store. If a Las Vegas customer slips and falls in this area, they may be able to hold the property owner accountable for the owner’s failure to keep the property safe.

If you or someone you love has been injured while on another person’s property, immediately speak to a Las Vegas personal injury attorney from De Castroverde Accident & Injury Lawyers.

If You Signed a Waiver

Some property owners try to avoid being held liable for accidents by having visitors sign a waiver. Often these documents are worded so that the person signing is assuming the risk of an activity rather than the property owner. For instance, you may sign a waiver before going water skiing or working out in a gym.

However, this doesn’t mean you are out of options for pursuing a case if you are hurt. We can review the document carefully to determine what incidents and injuries it covers. Moreover, a property owner’s negligence could still allow you to file a claim or lawsuit, such as if they didn’t maintain equipment or address a hazard.

When in doubt, ask our personal injury lawyers about your Las Vegas accident. Waivers do not necessarily cover all possible injury scenarios.

Las Vegas Premises Liability Attorney: How We Can Help

First and foremost, we help by treating you like a member of our own family. You are not just another client to us, but an individual that we value and want to support through a difficult time.

That support includes:

  • Evaluating your case for free and getting you started in the process
  • Contacting all parties involved and handling all communications
  • Keeping you updated regularly and answering questions promptly
  • Investigating your case with a team of attorneys, paralegals, and support staff
  • Consulting experts for testimony, analysis, and accident reconstruction
  • Gathering evidence of negligence and the extent of your injuries
  • Helping you with the daily challenges of pursuing a case
  • Negotiating settlements and reviewing the offers’ terms
  • Defending you against blame-shifting and frustrating insurance tactics
  • Filing a lawsuit and preparing for trial if necessary

To learn more about our personal attention to each of our clients, check out our testimonials page.

We Know Nevada’s Premises Liability Laws

The other party may try to use certain tactics and laws against you, but we can be by your side, explaining the rules and exploring the nuances.

For instance, Nevada does not hold property owners liable if the injured party was trespassing (NRS § 41.515). However, some exceptions do apply, such as if the victim was a child or if excessive force was used to remove a trespasser. The property owner may even try to twist this law to call you a trespasser when you were not. We can fight against tactics like this.

Another Nevada law that may come up in your case is comparative negligence (NRS § 41.141). If you are deemed partly to blame for an accident, your damages could be reduced by your percentage of fault. If you feel an insurance company is unfairly assigning you more blame, reducing your damages, or even attempting to prevent you from claiming any, we can step in to represent you.

What You Can Do After an Accident

After being injured on another’s land, you should take several precautions to protect your rights and preserve evidence:

  • Take photographs of the scene. It is common that in premises liability cases, a property owner will clean up the area or repair the damaged area to prevent a lawsuit. Evidence can disappear quickly in these cases, so having your own proof may be substantial to your case.
  • Record witness statements. If any other person or a group of people witnessed the accident, do not be shy in asking them to provide and sign a witness statement. Be sure to collect basic information, such as their name, phone number, and email address, so that you can reach them later if necessary.
  • See a doctor right away. Before hiring a Las Vegas premises liability attorney, it is acceptable to see a doctor for your injuries. In fact, our law firm strongly advises that you see a doctor even if you are unsure if you are injured. Without this doctor report, you may be unable to secure the full financial compensation if your injuries surface at a later date.
  • Hire a premises liability attorney. With an attorney on your case, you will have an advocate of the law and of your rights to pursue financial compensation. Holding the property owner accountable for their failure to keep their premises safe is absolutely vital, and your attorney holds the key to doing so.

Frequently Asked Questions

Our personal injury attorneys are happy to answer any of your questions during your free consultation. However, here are some common ones that can give you an idea of what your case could entail.

What Is Premises Liability?

Premises liability refers to a property owner’s legal responsibility in the event of an injury. They are liable (responsible) for paying damages (expenses and losses) if they are found to have behaved negligently (carelessly).

What Is a Premises Liability Lawsuit?

If we can’t come to an agreement with a property owner’s insurance representation, or if the property owner is underinsured or lacks insurance, we may proceed with filing a premises liability lawsuit. This means we gather evidence and build a case to present in court, where a jury will decide on a compensation amount.

However, many lawsuits settle out of court. Sometimes the other party needs a nudge to bring them to the bargaining table, and filing a lawsuit can help. It also shows we are serious about defending your compensation. We go as far as necessary for you.

What Is Premises Liability Coverage?

Most property owners have insurance that helps pay for injuries that occur on their premises. In the event of an accident, a victim can file an insurance claim with the property owner’s policy to pay for their bills and losses.

What Does Premises Liability Cover?

Premises liability coverage depends on each property owner’s policy. Large businesses may have more substantial coverage than small ones or private property owners.

This is why we sometimes file a lawsuit. If the property owner’s coverage isn’t enough for your expenses, we may need to pursue the property owner directly through a lawsuit.

Is Premises Liability the Same as Negligence?

“Premises liability” is sometimes used synonymously with “negligence” since it is a form of negligence. Our premises liability attorneys in Las Vegas compile evidence of negligence to underscore that you deserve to be paid by a property owner for your medical bills, lost income, and other damages.

How Is Premises Liability Determined?

We use evidence to identify who is liable in your case. That could include evaluating:

  • Security camera footage
  • Photos from the scene
  • Eyewitness testimony
  • Waivers and agreements
  • Medical records
  • Expert testimony
  • Accident reconstruction

Once we have an idea of what happened to cause your accident, we can follow the evidence to identify who caused it and if they can be held responsible. If the liable party’s actions meet the four elements of negligence, they can be pursued for damages.

What Are the Types of Premises Liability Cases?

You could have grounds for a premises liability case for any accident caused by a property owner’s failure to take reasonable care, reduce risks, or provide adequate warning for hazards. Common cases include:

  • Slip and fall accidents
  • Maintenance failures
  • Fumes and leaks
  • Elevator and escalator accidents
  • Pool and spa accidents
  • Fires
  • Dog bites
  • Lack of security

Victims of dog bites and security failures may not realize they could have a case for premises liability. However, if you are staying in an area with known security issues, a property owner may be liable for failing to keep residents and visitors safe. Likewise, dogs are considered property, and over 80 percent of bites occur at home, according to Heliyon.

Even if you were injured in a different kind of accident than the types listed here, you could still have a case, so reach out to De Castroverde Accident & Injury Lawyers to learn more.

What Is the Difference Between Negligence and Strict Liability?

Cases involving negligence, like personal injury, require providing proof that someone did not uphold their duty of care. By contrast, strict liability cases hold certain people responsible for an accident without requiring victims to prove they were negligent.

An example of this is dog bite cases. Some states adhere to strict liability for animal attacks. If a dog bites someone, the owner is automatically held responsible, even if the owner wasn’t negligent.

Nevada generally adheres to a “one bite” rule, meaning if a dog bites someone for the first time, the owner is not necessarily liable unless they were negligent. Victims must then provide proof that, for instance, the owner did not keep the dog on a leash or secure it in a yard.

When Is the Deadline for Filing a Premises Liability Lawsuit?

Nevada typically allows two years for a personal injury victim to file a lawsuit (NRS § 11.190(4)(e)). That being said, some factors can move that deadline, leaving you with less time. Consult our team to learn more.

We Can Get Started on Your Case Today

Do not hesitate to contact De Castroverde Accident & Injury Lawyers right away after suffering injuries in an accident on another person’s property. A Las Vegas premises liability attorney has many years of experience in handling premises liability cases, such as casino injury cases or injuries that have occurred at a hotel swimming pool. Call us today to enlist the representation of our firm.

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What Can We Help You With?

In addition to premises liability, De Castroverde Accident & Injury Lawyers have expertise across a variety of personal injury cases, including:

A History of Results

Attorney Orlando De Castroverde explains why De Castroverde Accident & Injury Lawyers put clients first in every possible way.

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When To File a Personal Injury or Neglect Case

Personal injury cases are filed when a person has seen their life negatively impacted by preventable actions taken by another party. In car accident cases, this means that the at-fault driver has to provide compensation to the impacted party. In cases of nursing home injuries, the nursing home is the at-fault party when a resident is injured in an avoidable situation.

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What Our Clients Say About Us.

I am not sure how to start writing a review for this firm. I couldn’t thank these guys enough for saving me especially David Menocal. My case was not an easy one. For having counts for felony, David was able to reduced everything to misdemeanor that would also not affect my immigration status notwithstanding my previous conviction today, 2/4/15 at Regional Justice Center. I feel so relieved, overjoyed and happy. I don’t usually leave reviews, but I really owe this one to this law group!!!! If there are only 100000000 stars in here, I will rate them without any doubt for saving me…. THANK YOU SO MUCH DAVID!!! THESE GUYS WILL REALLY TRY THEIR BEST TO BE THERE FOR YOU.Fatima

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