Zachary D. Clayton, Esq. Explains Nevada Premises Liability Laws As They Are
Experiencing a serious accident at a certain premises (for instance, your neighbor’s house, a retail store, etc.) can debilitate the victim and leave them with astronomical medical bills, reduced quality of life, and time off from work.
More often than not, the victim is left emotionally, financially, and physically damaged.
Premises liability accident victims could be faced with these hardships in the future:
- Inability to engage in family events.
- Long work absences, which results in substantial missing wages (particularly for those working in service-related industries in Las Vegas, like Uber drivers, waitresses, waiters, casino staff, hotel employees, etc.).
- Substantial medical costs associated with physical therapy, surgery, and rehabilitation.
Where Do Most of the Incidents Involving Premises Liability Happen in Clark County?
- Amusement parks
- Shopping malls
- Retail stores
- Grocery stores
What Are the Causes of Accidents at Business Premises and Other Premises in Las Vegas?
Many premises accidents (e.g., slips, trips, and falls) are caused by a property owner failing to prevent or correct the following defects:
- Poor lighting;
- Defective stairs and railings;
- Debris or trash;
- The presence of toxic fumes or chemicals;
- Improperly stacked merchandise;
- Crumbling curbs;
- Slippery floors;
- Uneven or icy sidewalks;
- Torn carpet or warped floors;
- Safety violations; and
- Failure to provide sufficient security.
How “Personal Injury” is Defined Under State Law
You may be wondering what the term “personal injury” actually means under Nevada law. Well, pursuant to Nevada Revised Statute 217.050, a person, regardless of age, who endures an injury because of any kind of recklessness, negligence, or carelessness, could potentially qualify for monetary compensation to cover their losses and harms. Recoverable restitution from a civil claim could cover expenses pertaining to:
- Pain and suffering.
- Wages lost.
- Medical bills.
Are Owners of Las Vegas Properties Subjected to Certain Legal Standards?
As per the law in the state of Nevada, owners of a property (for example, landlords, homeowners, business owners, etc.) are responsible for making sure that their establishments are safe for people. This involves conducting routine maintenance for the sake of making required repairs to potentially hazardous areas, keeping properties reasonably safe, and keeping up with local safety regulations.
However, in spite of all the regulations and codes developed to safeguard visitors, many people sustain injuries each year because property owners don’t take premises protocols seriously.
Injuries can be financially draining and physically painful. If a family member (or yourself) has sustained an injury at someone else’s premises or at a commercial establishment within Clark County, it is imperative that you hire an assertive slip/fall lawyer in Las Vegas. This person will look out for your best interests and aid you in acquiring the monetary compensation you are entitled to.
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When Property Owners May Be Susceptible to Premises Liability
As per state law in Nevada, owners of properties are obligated to take measures to keep their premises fairly safe. With that said, a greater duty of care must be given to a certain visitor subset:
Social guests who are invited to a property for non-business reasons are known as “licensees.” A reasonable duty of care is owed to licensees, but not as much as the duty that should be allocated to invitees. Therefore, danger warnings are only warranted by property owners if they are aware of hazards. Further, licensees aren’t obligated to seek out areas that warrant repair. Also, they are usually mandated to disclose potentially dangerous areas if they’re open, obvious, and recognizable by a sound person.
Visitors invited to a property for the benefit of its owner are known as “invitees.” Those who are classified in this category may be comprised of patrons of Las Vegas casinos, department stores, hotels, etc. The greatest duty of care you can give should be allocated to these visitors. After all, the reason they showed up to a property was for the benefit of its owner.
To prove that a victim is classified in this category, they must establish that:
- They came into the establishment for a reason associated with the owner’s business, or foreign activity to be performed on a property;
- They were invited to the property, whether implied or expressed;
- Their appearance was to the owner’s benefit;
Business owners are obligated to warn all invitees of dangers that they are aware of or that guests should be mindful of.
When it comes to trespassers, the owner of a piece of property is generally not obligated to take actions to make their premises reasonably safe for someone who is trespassing onto their property. However, it is worth noting that there is a big exception when the injured individual is a child who may have entered onto property without the consent or permission of the property owner.
As per the law in Nevada, property owners aren’t obligated to make a property safer for those who trespass. However, there are exceptions to the rule:
- Dangerous conditions that remain exposed; property owners don’t take steps to keep children safe from a certain area.
- Artificial conditions situated on a property that could attract children. For example, a property owner fails to take steps to prevent injuries from happening in an unfenced pool.
If a family member (or yourself) sustained serious injuries because of a premises liability incident at a commercial establishment (such as a hotel, casino, restaurant, etc.) or a person’s home, don’t waste a second – get in touch with LV Personal Injury Lawyers to book a confidential consultation for free. Our legal firm is dedicated to prioritizing your interests and will do what it takes to keep your rights completely protected.
Premises Liability Accident Examples
The following list addresses some injuries that may potentially be sustained either in Las Vegas or around it:
- Torn ligaments and tendons
- Bone bruises
- Wrist and/or hand injuries
- Broken bones
- Spinal cord injuries
- Knee injuries
- Lower back injuries
- Head injuries (such as traumatic brain injuries, fractured skull, concussions, etc.)
Getting Medical Treatment without Insurance
For those that require medical care, but lack the funds to pay for it, an experienced injury lawyer in Las Vegas can aid you in finding a therapist, doctor, or chiropractor. Such medical professionals are open to offering you treatment on the basis of a Nevada medical lien. Your lawyer will work with your therapists and doctors to ensure that the injuries you sustained are documented properly.
Defense attorneys and insurers will usually say that medical data. They say this to justify delaying your payment (or not pay you altogether). A Las Vegas lawyer specializing in accident claims can take steps to stop that from happening.
What Are Some Examples of the Economic and Non-Economic Damages That Can Be Pursued Through a Premises Liability Claim?
The kinds of financial compensation that is pursuable after a serious accident happens include costs associated with medical treatment and care. After we familiarize ourselves with what your long and short-term emotional and physical needs will be, we will be able to put together an impactful strategy in order to hold the property owner accountable. The types of financial restitution recoverable for personal injury claims include:
- Pain and suffering, which includes emotional and physical stress.
- Compensation for potential earnings lost, particularly when the injured party is either permanently or partially disabled because of an injury.
- Lost wage reimbursement, which includes present and future income because of the injuries.
- Medical expense reimbursement, which includes present and future prescription drugs, rehab expenses, and upcoming medical bills.
Do Not Be Fooled the Tricks and Delay Tactics Employed by Insurance Company Claims Adjusters To Try and Devalue Your Premises Liability Claim
Insurance agencies are paid to bring in more revenue than issue out compensation. As such, each claim they review will be issued the cheapest offer possible. That’s the reason insurance companies in Nevada retain big claim adjuster groups. Their purpose is to minimize or reject all the claims they can, regardless of their legitimacy.
In addition to scouring medical records (to seek out potential pre-existing issues that could stop them from covering your expenses), insurance agencies use these common tactics to justify avoiding payments or delaying them.
Tactic: an Insurance Agency Tries to Say That Your Injuries Are Not That Bad
When you sustain harm from an accident that happened because of another person’s negligence, an insurance company will make the assumption that your injuries are being exaggerated. This commonly used tactic is used by insurance agencies to have claims disputed.
Tactic: an Insurance Agency Will Shift the Blame on You
Insurance agencies often try to shift the blame on victims for harms they sustained. They may even say that the victim contributed to the production of the injuries they suffered. In Nevada, they call this “contributory negligence.” Insurance agencies use it so that they don’t have to pay out claims.
Tactic: an Insurance Agency Will Isolate Treatment Gaps
As stated before, it is imperative that you obtain medical treatment right after you suffer an injury. If medical care is delayed, an insurance agency will attempt to say that an injury may have been sustained from something else unrelated. They might also argue that you didn’t take all the steps necessary to minimize your injuries without medical care.
If you lack representation by an aggressive personal injury lawyer, these tactics used by insurance companies might work.
What is the Cost of Retaining the Services of a Personal Injury Lawyer in Las Vegas?
You won’t need to prepay for legal services the attorney provides. For many personal injury cases, your attorney will be paid by way of contingency fees. This kind of arrangement let’s those who are injured hire a lawyer without the need to prepay legal costs.
As per the agreement, a lawyer will subtract their fee from your case’s final settlement (or from the trial’s final verdict). Further, many personal injury attorneys in Las Vegas will subtract any costs they paid for while working for you. The specific percentage of the contingency fee will depend on the case and resolution.
Why You Should Hire an Aggressive and Accident Lawyer in Las Vegas
There are a variety of advantages that come with employing an experienced injury attorney. To begin with, being represented by a professional lets you concentrate on recovering. In doing so, the stress and worry of insurance company negotiations are something you don’t have to contend with.
Also, when you hire LV Personal Injury Lawyers, a group of ethical, respected, and dedicated attorneys will represent you, all of which have roots deeply planted in Nevada’s communities. You’ll also be assisted by a staff of skilled legal assistants, investigators, and paralegals who will ensure that your lawsuit receives proper attention.
Whether we are conducting interviews with witnesses, evaluating medical evidence, or backing up your claims with insurance company adjusters, you’ll be represented by people who will fight for the monetary compensation you deserve.
Get in Touch with LV Personal Injury Lawyers and Allow Us to Begin Working for You
Take the necessary steps and hold those who were negligent responsible. Get in touch with Las Vegas’ best personal injury lawyers. You don’t have to worry about paying hourly fees to retain our services, either.
If a family member (or yourself) sustained an extreme injury to your body in an accident that could’ve been prevented, and it came about because of the reckless or careless actions of a company or another party, you must take certain legal steps to get the monetary compensation you are entitled to. Our staff of experienced and knowledgeable lawyers will take the time required to get you the monetary compensation you expect.
To book a confidential evaluation of your case for free with Zachary D. Clayton, Esq., give us a call or get in touch with us online.