Premises Liability Lawyers in Las Vegas
Whether someone purchases property for personal use or a commercial lot for their newest venture as a business owner, there are certain responsibilities they take on. One of the most important of these responsibilities is to provide safe premises for others who may be on the property. Under the law, certain individuals have a higher duty of care than others — but when you’re on someone else’s property, it’s expected that you’ll be safe. If this doesn’t happen, you may have a valid personal injury case. A premises liability lawyer in Las Vegas can help you better understand your rights and how to move forward.
At Bernstein & Poisson, our legal team is committed to helping victims with valid premises liability claims get justice. In many instances, this can be done relatively simply through settlement negotiations with an insurance company. Insurers often jump at the chance to settle once they know you have a Las Vegas personal injury attorney on your side. There are also times when filing a lawsuit may be the best way to ensure you get fair compensation. If that’s the case, the lawyers at Bernstein & Poisson have the trial experience necessary to move forward. Contact us today to schedule your free consultation and get started on the path to financial recovery.
Do You Have a Valid Premises Liability Claim?
Sustaining serious injuries on another party’s property doesn’t automatically entitle you to financial recovery. You must first show that the owner or occupant of the premises had a legal duty to protect others on the property. This seems straightforward in many cases. After all, it’s often easy to point out dangerous conditions that have the potential to harm people. However, it’s not quite that simple when it comes to seeking compensation for a personal injury. As long as the following elements exist in your case, though, there’s a solid chance you’re entitled to financial recovery:
- There are one or more dangerous conditions on a property
- The owner or tenant of the property knew or should’ve known about the danger
- The dangerous conditions are what led to the victim’s injuries or losses
Most personal injury cases in Nevada also have a requirement that a duty of care exists on the part of the defendant. This is also true in a premises liability case, but property owners don’t owe the same duty of care to everyone who may be on the premises. This can seriously affect the amount of compensation you’re entitled to — or whether you’re eligible for damages at all. Even if there’s a foreseeable danger on the property, the property owner’s duty of care will vary based on the following visitor categories:
- Invitees: These are individuals invited to a property for business purposes. For instance, you’re an invitee every time you walk into a superstore. Property owners owe the highest duty of care to these visitors:
- Licensees: These are individuals who are typically invited to a property — but for non-business purposes. This could include going to see a friend at their home.
- Trespassers: Property owners owe the lowest duty of care to trespassers who should not be on the premises. Even in cases of wrongful death, the victim’s family may have no recourse.
Your Las Vegas premises liability attorney can help you better understand which category you fall into. This is one of the many times you should not make an assumption about your right to compensation. For instance, property owners do not have the right to maliciously harm someone, even if they’re trespassing. Similarly, owners and tenants could be held liable if they knew trespassers frequently came on their land but still failed to correct a dangerous condition. Clearly, things can get complicated with a premises liability claim. That’s why you should reach out to our law firm for a free case review today.
What Are Potential Damages When Harmed on Someone Else’s Property?
If you or a loved one were harmed or suffered losses due to a lack of reasonably safe premises, you may be entitled to substantial compensation. The financial recovery you’re eligible for will depend upon the circumstances of your case. For instance, someone who suffers broken bones in their hand will likely be entitled to far less than those who end up with spinal cord injuries that cause permanent disability. However, the types of damages they’re entitled to may be the same. Insurance negotiations and injury claims typically result in at least compensation for monetary damages. These include losses such as:
- Medical bills
- Lost wages
- Future lost income
- Vocational and physical therapy
- Property damage
- Cost of hiring assistance
These are all forms of special damages. Of course, not all losses related to unsafe conditions on properties are financial in nature. Someone could end up living with permanent disfigurement, emotional distress, pain and suffering, loss of enjoyment in life, and other issues that can’t easily be quantified in dollars. It’s possible to recover compensation for these losses as well. They’re known as general damages. There are also cases where punitive damages — or those meant to further punish the defendant — could be possible. However, these are relatively rare. Your premises liability lawyer in Las Vegas can help you understand if you’re eligible.
Are There Different Types of Premises Liability Claims?
You may have seen a premises liability legal commercial at some point without even noticing it. Some law firms try to get new clients by running ads that focus on wet floor accidents in retail stores. This certainly falls under the umbrella of premises liability, but it’s far from representative of all potential dangers you may encounter while on another party’s property. In fact, it may be possible to recover damages in all the following scenarios:
- Slip and fall accidents
- Negligent security
- Swimming pool injuries
- Dog bites and pet attacks
- Escalator and elevator injuries
- Accidents at the casino
- Amusement park accidents
- Inadequate property maintenance
- Chemical or toxic accidents
- Defective conditions
Attending court gives us the opportunity to watch other cases play out while we wait for our turn before the judge. In our four decades serving Las Vegas, we’ve seen many people attempt to seek compensation on their own. In some of these instances, the plaintiff’s injuries were almost certainly caused due to the negligence of a property owner. However, this doesn’t matter if they don’t present appropriate evidence in court. If you’ve found yourself injured in any of the aforementioned incidents — or any accident linked to a property owner’s negligence — there’s no need to risk your chance at substantial compensation.
Our law firm works on a contingency-fee basis, so if we don’t recover damages on your behalf, you’ll pay nothing.
What if You’re Also At Fault for Your Injury?
Many injury victims fail to secure the compensation they deserve because they don’t believe they deserve it. This often stems from the fact that they contributed to their own accident. For instance, maybe someone had a few too many beers before stumbling over a broken stairway in a bar. In such a situation, it makes sense that the victim would think they’re not entitled to a settlement or premises liability lawsuit. However, this is not the case since Nevada recognizes modified comparative negligence. This means that even injured victims who contribute to their own injury can still recover compensation.
In these liability claims, everything comes down to the percentage of fault. For instance, the court may feel that a property owner is 80% at fault for an accident — and the victim is considered 20% liable. In that situation, the financial recovery of the injured party would be reduced by 20%. This makes it vital for those injured in premises liability accidents not to make assumptions about their case. The only certain way you’ll be unable to recover compensation is if you were more than 50% at fault. And even if you think you were mostly responsible, your Law Vegas premises liability lawyer and the courts may disagree.
Don’t risk substantial compensation with assumptions. Contact Bernstein & Poisson today for a free consultation.
Is There a Deadline for Filing Nevada Premises Liability Cases?
No two premises liability cases are the same, but there are some similarities between most. One of the most important parallels you need to understand is that there are filing deadlines involved. In Nevada, the statute of limitations for premises liability cases is two years. This timeline starts at the moment of your injury or when a reasonable person would identify the injury. If you don’t file before the deadline expires, there’s a good chance you’ll end up being responsible for your own medical bills, property damage, lost income, and other expenses. This is why it’s so important to act quickly following premises liability accidents.
Of course, two years might seem like a lot of time. This simply isn’t the case in personal injury cases. You could lose several months by simply dealing with medical treatment and figuring out how to pay your bills. Many injury victims also quickly discover that insurance companies might try to drag things out — particularly if they don’t have legal representation — in an effort to offer a lower settlement when time is running out. The biggest issue you’ll encounter by procrastinating, though, is that cases simply become harder to prove as time passes. A thorough investigation takes time, and the important evidence that could help your case can become unavailable if you wait too long.
Don’t let this happen to you. Allow our premises liability attorneys in Las Vegas to assist in your case.
Contact a Premises Liability Lawyer in Las Vegas Today
Property owners have a duty of care to those they permit on their premises — and even some parties they don’t allow. Nevada is very serious about this responsibility. After all, dangerous conditions put us all in harm’s way. If you’ve suffered a serious injury on someone else’s property, it’s important to seek legal advice. Even if you think there’s no way a property owner is liable for your damages, you’d be surprised just how many protections Nevada law extends your way. There are even instances where the premises owner can be held liable for other people’s actions (e.g., assaults due to inadequate security). Due to the complexity of these and other injury cases, though, it’s important to have legal assistance.At Bernstein & Poisson, we’ve spent four decades helping injury victims navigate the complicated legal landscape of premises liability law. In that time, we’ve seen Nevada law evolve to protect those who visit other people’s properties. There are times when property owners may have a lower duty of care to individuals on their premises, but you should never simply assume that you don’t have a valid personal injury case. Contact us today by calling (702) 707-5934 to schedule a free consultation. Our premises liability lawyers in Las Vegas are ready to assist you in seeking compensation and holding negligent parties accountable.
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“After being in an accident my friend told me to call Bernstein and Poisson. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”
I Was Injured In An Accident.
What Do I Do Now?
By Scott L. Poisson
Do I Have A Case?
Dealing With The Insurance Company
When a Lawsuit Is Filed
Overcoming Common Defense Themes
Special Considerations in Specific Types of Cases