There is no rule that explicitly makes property occupiers liable for assaults that occur on their property. However, they are often held responsible in these instances. The determining factor in if premises liability covers assault in any given case is whether or not negligence played a part.
A victim’s assault can happen partially due to a property occupier’s failure to take adequate safety precautions. If they knew or should have known to take certain steps, their actions can equate to negligence.
Negligence Occurs When Property Owners Don’t Take Adequate Precautions Against Crime
Property occupiers are required to take reasonable measures that help maintain the condition and safety of their property. While they are not required to prevent every crime and accident that might happen, they are expected to minimize any potential risks.
For example, those located in areas with an elevated risk of crime should be aware of that fact and take adequate steps to prevent putting their visitors in danger. There are many simple, cost-effective precautions property owners can take to deter crime, some of which include:
- Installing security cameras to monitor the premises at all times
- Securing the entrances of private properties, such as apartment and office buildings, by requiring keys, cards, or codes for entry (Access-restricted doors are a low-maintenance way of allowing visitors to come and go easily while also preventing offenders from gaining access.)
- Making financially efficient property modifications, such as installing metal detectors at building entrances and license plate readers at parking lot entry points.
- Installing rapid-response security alarm systems and panic buttons
Our firm can investigate the circumstances around your or your loved one’s assault. If there is evidence that the property owner failed to take steps that may have prevented the incident, we could use it to build a premises liability case.
Should You Hire a Law Firm for Your Premises Liability Case?
Taking steps to ensure visitor safety is worthwhile, and implementing even minor precautions can significantly lower crime risks. Unfortunately, not all property owners and occupiers take these precautions, often due to the additional costs. Ironically, that can end up costing them more in the long run—injured visitors can file premises liability cases against them for any injuries they suffer because of that negligence.
If you were the victim of an assault partially due to a property owner or occupier’s failure to act, you deserve justice. Our firm may be able to help you hold them accountable in civil court. By doing so, you could recover compensation for your various damages. This is separate from anything you may collect in a criminal case against the person who assaulted you.
Types of Damages You Could Qualify for in a Premises Liability Case
When you are the victim of assault, the mental and emotional trauma you suffer—in addition to your physical injuries—can be devastating and debilitating. The law entitles you to seek economic and non-economic damages to get justice for all that you have lost and endured as a result of this crime. This is outlined in NRS Chapter 41A.011.
Economic damages can reimburse you for any money you have spent or will spend because of this crime. Expenses you have incurred may include:
- Ambulance costs if you require emergency medical attention
- Medical bills for your treatment
- Loss of income if your injuries kept you out of work
- Future loss of earning capacity if you cannot return to your old job
If you had to replace any of your property that was damaged or stolen in the assault, you may be able to recover these expenses as well.
Non-economic damages can compensate you for all of the intangible losses and trauma you have experienced because of the assault. As affirmed by the American Bar Association (ABA), some of these losses can include:
- Past and future pain and suffering
- Past and future mental anguish
Call the Attorneys at Bernstein & Poisson Today for a Free Case Review
The legal team at Bernstein & Poisson can help you determine if premises liability covers assault in your case and build a claim or lawsuit that proves your right to compensation. Call us for a free consultation and let us help you get the justice you deserve.