At Jack Bernstein Injury Lawyers, we understand how devastating premises liability incidents can be. For over 40 years, personal injury attorney Jack Bernstein has been dedicated to fighting for the rights of his clients and helping them get the compensation they deserve.
If you have been injured on someone else’s property in Las Vegas or the surrounding metropolitan areas, our team of premises liability lawyers can assist by:
- Investigating the incident: We’ll conduct a thorough investigation to establish the property owner’s negligence.
- Establishing liability: We’ll gather and present evidence to demonstrate that the property owner knew or should have known about the dangerous condition and failed to rectify it.
- Dealing with insurance companies: We’ll handle all communication with insurance companies, ensuring your rights are protected and negotiating for fair compensation on your behalf.
- Fighting for your compensation: If necessary, we are prepared to take your case to court to fight for the maximum compensation you’re entitled to.
Premises Liability Claims and Compensation
In premises liability cases, compensation is typically determined based on the severity of your injuries, the extent of your medical bills, lost wages, and pain and suffering. The impact of permanent injuries will also play a significant role.
For example, if you’re unable to return to work or need ongoing medical care, this will increase the value of your claim. Jack Bernstein will work tirelessly to ensure you receive the maximum compensation for your losses.
Understanding Premises Liability Laws in Nevada
Premises liability is a legal concept that holds property owners and occupiers responsible when someone gets injured on their premises due to unsafe conditions. The basis of this liability is the property owner’s duty of care towards those who enter their premises. This duty of care varies depending on the relationship between the property owner and the visitor, typically categorized into three types: invitees, licensees, and trespassers.
- Invitees: These are individuals who are invited onto the property for the benefit of the property owner, such as customers in a store. The property owner owes the highest degree of care to invitees, meaning they must inspect the property regularly and fix or warn about any potential hazards.
- Licensees: These are people who enter the property for their own purposes, such as social guests. The owner must warn licensees of known hazards but is not typically required to regularly inspect for potential dangers.
- Trespassers: These are individuals who enter the property without permission. Property owners generally owe the least duty of care to trespassers. However, there are exceptions, such as when the trespasser is a child who is attracted to a potentially dangerous feature on the property (often referred to as the “attractive nuisance” doctrine).
Common Premises Liability Cases
Premises liability encompasses a wide range of incidents that can occur on both public and private properties. Here are a few examples:
- Slip and fall accidents: These are perhaps the most common type of premises liability case and can be caused by spills, uneven flooring, poor lighting, or other hazards.
- Inadequate maintenance of the property: This can include broken handrails, cracked sidewalks, loose carpeting, or other issues that the property owner failed to fix.
- Negligent security: If a property owner doesn’t provide adequate security, leading to an assault or robbery, they could be held liable.
- Dog bites: In Nevada, dog owners are held responsible if their dog bites someone, unless the victim was trespassing or provoking the dog.
- Swimming pool accidents: Pool owners must ensure the safety of their pools to prevent accidents, especially involving children.
In each of these cases, the key question is whether the property owner breached their duty of care, leading to the injury. In the following section, we will delve deeper into the aspects of proving fault in premises liability cases in Nevada.
Proving Fault in Premises Liability Cases
When it comes to premises liability cases, proving fault is not always straightforward. A few key elements need to be established:
- Existence of a dangerous condition: You need to demonstrate that a dangerous condition existed on the property.
- Owner’s knowledge: It needs to be shown that the property owner knew or should have known about the dangerous condition. This can be established by demonstrating that the owner created the condition, knew the condition existed but failed to correct it, or the condition existed for such a length of time that the owner should have discovered and corrected it before the incident.
- Failure to address the danger: It’s also important to show that the owner failed to address the dangerous condition adequately – either by fixing the issue or warning visitors about it.
- Injury caused by the dangerous condition: Finally, you need to prove that the dangerous condition on the property caused your injury.
What To Do After a Premises Liability Incident
If you’ve been involved in a premises liability incident in Las Vegas, there are crucial steps you should take:
- Seek medical help: Your health should be your top priority. Even if you believe your injuries are minor, it’s essential to seek medical attention immediately.
- Document the incident: If possible, take photographs of the scene and your injuries. Document everything you remember about the incident as these details may be crucial to building a strong case for compensation.
- Report the incident: Notify the property owner or manager about the incident. If it occurred in a commercial establishment, they might have a formal process for reporting incidents. Obtain copies of all documents where ever possible.
- Get witness information: If there were any witnesses, get their contact information as their testimony may be crucial to your case.
- Contact a premises liability lawyer: Contacting an experienced premises liability lawyer as soon as possible can help protect your rights and give you the best chance at receiving fair compensation.
Las Vegas Premises Lawsuit FAQs
Premises liability is a legal concept that holds property owners and occupants liable when an individual gets injured due to unsafe or defective conditions on their property. It applies to both commercial and residential properties.
Premises liability cases can involve a variety of incidents, including slip and falls, dog bites, swimming pool accidents, inadequate maintenance of the property, fires, water leaks or flooding, and toxic fumes or chemicals.
Typically, the property owner can be held liable in a premises liability case. However, in some instances, the tenant, property manager, or maintenance company might also be held responsible, depending on the circumstances.
In a premises liability case, you need to prove that a dangerous condition existed on the property, the property owner knew or should have known about the condition, the owner failed to address the danger, and you were injured as a result of the condition.
First, seek immediate medical attention. Then, document the scene of the accident, gather witness information, report the incident to the property owner or manager, and contact a premises liability lawyer as soon as possible.
The compensation you can receive in a premises liability case often covers medical expenses, lost wages, pain and suffering, and any future medical care or rehabilitation costs. If you have suffered permanent injuries, the compensation may be higher.
A lawyer can help you by conducting a thorough investigation, gathering and presenting evidence, dealing with insurance companies, establishing liability, and fighting for the maximum compensation you are entitled to.
In Nevada, you typically have two years from the date of the injury to file a premises liability lawsuit. However, there can be exceptions to this rule, so it’s crucial to consult with an attorney as soon as possible to protect your rights.
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Jack Bernstein Injury Lawyers is available to help you handle your premises liability claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and elite legal representation to obtain the compensation you deserve.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.