What Is the Premises Liability Law in Las Vegas?

Under the Las Vegas premises liability law, you may be entitled to compensation if you were injured on someone else’s property. It is important to consult a knowledgeable lawyer to gain a complete understanding of your legal rights.

Burg Simpson has extensive experience representing clients who have been injured through no fault of their own. A Las Vegas premises liability attorney at our firm can help you pursue maximum compensation.

Call Burg Simpson at 702-668-2070 today for a FREE case review. Our attorneys have an in-depth knowledge of Las Vegas premises liability law that allows us to advocate effectively for those who have been injured on residential, commercial, and public properties.

What Is the Premises Liability Law in Nevada?

Nevada’s premises liability law governs all legal actions for personal injury sustained on others’ premises throughout the state. This includes claims originating in Las Vegas.

You may be able to bring a premises liability claim if the following conditions are met:

1. At the time of the incident, there was a dangerous condition on the premises.
2. The defendant knew (or should have reasonably known) about the hazard.
3. You were on the premises lawfully.
4. The unsafe condition caused you to suffer injuries.
5. Your injuries from the incident caused compensable damages.

Types of Premises Liability Claims

A host of different incidents may give rise to a premises liability claim. Common examples include:

• Slip and fall accidents
• Dog bites
• Exposure to hazardous chemicals and substances
• Swimming pool accidents
• Injuries sustained due to negligent security
• Elevator and escalator accidents
• Fires due to faulty wiring, malfunctioning appliances and equipment, etc.

This is not an exhaustive list. If you were injured on premises owned and operated by someone else and you suspect negligence was a factor, you should speak with a Las Vegas premises liability attorney as soon as possible.

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Duty of Care in Premises Liability Claims

Property owners, lessees, and occupants in Nevada are required to exercise reasonable care in keeping premises under their control safe for lawful visitors. What constitutes “reasonable care” depends on the duty owed to the visitor:

Invitees

An invitee is someone who is explicitly or implicitly invited to a property for the benefit of the owner or occupant. Examples include:

• Guests at a hotel, motel, or casino
• Customers at a store
• Patrons of restaurants, bars, nightclubs, etc.

The highest duty of care is owed to invitees. Property owners in Nevada must “use reasonable care to keep the premises in a reasonably safe condition” (see Hammerstein v. Jean Dev. West), as well as “inspect the premises to discover dangerous conditions” (see Twardowski v. Westward Ho Motels, Inc.). If a dangerous condition cannot be ameliorated in a timely fashion, the property owner has a duty to warn invitees of the potential danger.

Licensees

A licensee is someone who enters the premises for the benefit of themselves and the owner of the property, such as a social guest. The owner of the property has a duty to warn licensees of potential dangers, but they are not required to proactively inspect the premises for hazards.

Trespassers

Nevada law defines a trespasser as “any person who enters or remains upon any premises owned, leased or occupied by another person without the express or implied consent of the owner, lessee or occupant of the premises” (see Nevada Revised Statutes § 41.515). Property owners do not owe a duty of care to trespassers, and they may not be held liable for harm a trespasser sustains because the owner does not make the property “reasonably safe for the entry or use by a trespasser.”

A property owner may be held liable for injuries if a trespasser is injured as a result of (a) willful or wanton conduct or (b) a failure to exercise reasonable care once they are aware that a trespasser is on the premises in a “place of danger.”

Furthermore, property owners may be held liable for injury to a child if they fail to secure an artificial condition on the premises (such as a swimming pool, playground equipment, etc.) that is likely to draw a child to the property. This is known as the “attractive nuisance doctrine.”

Premises Liability & Comparative Negligence

The Las Vegas premises liability law uses the comparative negligence standard. As long as the plaintiff’s share of fault for the incident that led to their injuries is 50% or less, they may still be entitled to compensation. Recoverable damages are reduced according to the percentage of fault attributable to the plaintiff.

Property owners have often argued that a hazard on the premises was “open and obvious,” and the claimant was at fault for failing to notice it. The Supreme Court of Nevada has ruled that the “open and obvious doctrine” does not entirely absolve property owners of liability; they are still required to exercise a “general duty of reasonable care” when it comes to open and obvious conditions on the premises (see Foster v. Costco Wholesale Corp.).

Defendants and insurance companies often try to argue that the victim is at fault. An experienced premises liability lawyer can evaluate the evidence and work to refute this defense tactic to ensure you get maximum compensation for your injuries.

What Is the Statute of Limitations for Premises Liability in Las Vegas?

In Las Vegas and all of Nevada, the statute of limitations for premises liability claims is generally 2 years. A claim brought after the time limit expires is likely to be barred by the court.

If you were injured or someone you love died due to the negligence of a property owner, speaking to an attorney ASAP is critical. You do not want to forfeit the right to take legal action for the losses you and your family have suffered.

Are You Entitled to Compensation for Premises Liability?

Damages that may be recovered in a Las Vegas premises liability claim include:

• The cost of ambulance services, emergency room treatment, hospitalization, etc.
• Loss of income
• Expenses for ongoing and future medical care, including rehabilitation and therapy
• Loss of earning capacity
• Physical impairment and disability
• Disfigurement and scarring
• Pain and suffering
• Exemplary or punitive damages (only available in select circumstances)

Ultimately, the compensation you are entitled to depends on the nature and severity of your injuries and the subsequent damages. An experienced attorney can accurately evaluate your losses, collecting all necessary evidence and consulting the appropriate experts.

Contact a Las Vegas Premises Liability Attorney Today

The principles of Las Vegas premises liability law can be difficult to understand on your own. Fair compensation is not guaranteed, so qualified legal guidance is essential for obtaining a favorable outcome.

With Burg Simpson, you get the experience, skills, and resources of a nationwide personal injury firm with the local clout that comes from capably representing clients in and around Las Vegas. If you were injured as a result of a property owner’s negligence, contact us today for a FREE and confidential case review.