What you should do after injuring yourself on someone else’s property should first involve seeking immediate medical attention. There are several other steps you should consider after an accident like this, including:
- Taking photos and videos that document the scene of the accident and the circumstances that led up to the accident
- Gathering the names and contact information of any eyewitnesses who saw the accident take place
- Calling 9-1-1, which will give you access to emergency services (additionally, law enforcement officials can work to determine whether criminal charges need to be filed against the property owner)
Should You Hire a Lawyer?
It is completely normal to feel confused after a traumatic event like this. Just remember that your accident may fall under the umbrella of premises liability law. This legal concept states that property owners may be liable for your injuries if they did not do enough to keep you safe while you are on their property.
Knowing this, you should start thinking about your legal options as soon as possible. For example, going to the hospital after your accident allows you to receive the medical treatment you need to recover from your injuries. On the other hand, these medical records may be beneficial for your legal case if you decide to file a premise liability claim against the parties who caused your accident.
There are countless things to cover when you start learning about premises liability law. This is why many victims choose to retain a premises liability lawyer. An attorney’s services can give you a much-needed sense of relief during this stressful time.
We Can Help Protect Your Rights After a Premises Liability Accident
Nevada has many laws in place to protect victims when they are on another person’s property. These laws extend to businesses, retail stores, parks, roadways, houses, hotels, apartment complexes, and more.
For example, let us take a look at NRS Chapter 116.3107. This law requires apartment complexes, or condos, to keep their common areas safe. That means repairing and replacing broken items that present a hazard to the general public. This concept—known as “duty of care”—extends to most property owners in Nevada.
Property owners must take the necessary steps to keep you safe. However, you are only owed a duty of care if you are legally allowed to be on the person’s property.
You Are Owed a Duty of Care Under Nevada Law
That brings us to one of the main issues in premises liability law, who is legally allowed to be on a person’s property. For the most part, two forms of individuals are owed a duty of care in Nevada:
In certain circumstances, trespassers are also afforded these rights, although it does not happen very often. For a trespasser to successfully file a premises liability claim, they will need to prove that the property owner intentionally put them in harm’s way or otherwise victimized them through an act of gross negligence.
Children and Their Parents Are Protected Under the Attractive Nuisance Doctrine
One exception to this rule is the “attractive nuisance doctrine,” which applies to children who were injured while trespassing on another person’s property. The Legal Information Institute (LII) affirms that property owners may be liable for a child’s injuries if their property harbored dangerous conditions that may seem appealing to a child’s mind.
Further, the courts will need to see proof that the property owner should have been aware of the dangers before the accident.
What You Need to Prove to Have a Better Chance at a Successful Premises Liability Claim
In the eyes of the law, there are a few main things you need to prove to win your premises liability claim:
- The defendant of the lawsuit was the rightful owner or manager of the property when the accident occurred
- You were legally allowed to be on the property when the accident occurred
- Your injuries were the result of hazardous conditions
- The defendant was aware of the hazardous conditions, or they should have been aware of them
- The hazardous conditions caused your injuries
Our Las Vegas Premises Liability Attorneys Are Ready to Help You
If you have suffered injuries on another person’s property, our attorneys at Bernstein & Poisson can help fight for your right to compensation. To learn more about filing a premises liability claim in Las Vegas, contact a Bernstein & Poisson representative today to receive your free consultation.