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.
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.
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:
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.
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:
An insurance company may be more focused on the bills, but we also focus on the personal fallout of being injured.
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:
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.
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 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.
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:
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.
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:
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.
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.
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:
To learn more about our personal attention to each of our clients, check out our testimonials page.
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.
After being injured on another’s land, you should take several precautions to protect your rights and preserve evidence:
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.
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).
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.
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.
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.
“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.
We use evidence to identify who is liable in your case. That could include evaluating:
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.
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:
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.
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.
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.
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.
In addition to premises liability, De Castroverde Accident & Injury Lawyers have expertise across a variety of personal injury cases, including:
An experienced car accident attorney can help you understand the legal aspects of your crash and make certain you get the compensation you deserve.
Our attorneys have years of experience in handling slip and fall cases and will work carefully with you throughout your claim.
Wrongful death actions result when one person’s actions lead to the death of another person. These cases are often time-consuming and expensive.
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.