Las Vegas Premises Liability Attorneys

What Must You Prove in a Nevada Premises Liability Claim?

You must prove that the property owner or another party responsible for the premises failed to act reasonably, that failure caused your injury, and you suffered losses as a result.

The foundation of these types of claims stems from a property owner’s responsibility to maintain reasonably safe premises for visitors and guests who are present upon it. 

While the term “slip and fall” is often used to describe these cases, the theory of premises liability actually covers a wide range of injuries that may occur due to hazards on property. Like many other personal injury cases, negligence is usually a factor. 

To recover monetary damages for your losses, you must prove four essential elements:

1. The responsible party had a duty to keep the premises safe, which applies to owners, occupiers, landlords, managers, tenants, and any other entity with control over the property;
2. That person or entity breached this legal duty through acts or omissions that led to dangerous conditions;
3. The breach of duty was a direct cause of the accident, which caused your injuries; and,
4. You sustained losses because of being hurt.

By establishing each of these elements, you may be eligible to recover monetary damages for:

• Surgery, emergency treatment, outpatient care, medications, physical therapy, and other expenses
• Lost income for the time you’re unable to work because of your injuries
• Pain and suffering
• Losses based on how your injuries affect your personal relationships
• Diminished quality of life

Does Your Visitor Status Affect a Premises Liability Claim?

Your reason for being on the property can affect what precautions were reasonable, but Nevada does not use the old invitee and licensee classifications as rigid rules for deciding whether a property owner was negligent. 

The Nevada Supreme Court rejected those strict classifications in Moody v. Manny’s Auto Repair and held that liability should primarily depend on whether the owner or occupier acted reasonably under the circumstances. Trespassers are subject to separate limits under NRS 41.515.

What Types of Premises Liability Cases Does Henness & Haight Handle?

Premises liability can involve almost any injury caused by an unsafe condition or unreasonable management of property, not just a fall. Henness & Haight can investigate who owned, operated, maintained, or controlled the property and determine which type of claim fits what happened.

Cases we handle include:

• Negligent Security and Assaults: A hotel or casino can face a claim when poor security contributes to foreseeable criminal harm. The same can apply to apartment buildings, parking structures, and nightlife venues.
• Swimming Pool and Drowning Incidents: Pool claims can involve broken gates or missing barriers. Poor maintenance and inadequate warnings can also create dangerous conditions.
• Inadequate Lighting: Poor lighting can make stairs or elevation changes harder to see. It can also create unsafe conditions in parking areas and common spaces.
• Dog Bites on Property: Liability can depend on who controlled the dog and what that person knew about the risk. Property control can also matter in Las Vegas dog bite claims.
• Elevator and Escalator Incidents: These claims can involve unsafe equipment or poor maintenance. Responsibility can fall on the property
• Dangerous Stairways: Broken handrails and damaged steps can create serious hazards, including falls that lead to a traumatic brain injury. Poor lighting or unsafe stair design can also support a premises liability claim.
• Slip and Fall Accidents: Wet floors, spills, damaged flooring, and other walking hazards fall within premises liability, but these claims are addressed in more detail on our Las Vegas slip and fall lawyer page.

Can a Las Vegas Property Owner Be Liable for Negligent Security?

A Las Vegas property owner can face a negligent security claim when foreseeable criminal harm occurs, and they failed to take reasonable precautions under the circumstances. Nevada courts consider foreseeability when deciding whether a property owner had a duty to protect a visitor from criminal conduct by another person.

This issue can be especially important at Las Vegas hotels, casinos, parking garages, apartment complexes, and nightlife venues. A premises liability attorney can investigate prior incidents, security reports, staffing, access controls, surveillance coverage, lighting, complaints, and the property’s response to known risks.

Hotel and casino liability can also arise when criminals pose as guests and a property fails to take reasonable security precautions. 

What Do Property Owners and Insurers Argue in Premises Liability Cases?

Property owners and insurers often defend premises liability claims by arguing that they did not know about the danger, that another party controlled the area, that the condition was obvious, that the injured person caused the accident, or that a criminal act was not foreseeable.

Henness & Haight can get ahead of those arguments by identifying who actually controlled the property and preserving evidence before it disappears. 

Depending on the claim, that can include surveillance footage, inspection records, maintenance work orders, contracts, incident reports, security records, prior complaints, and witness statements.

That investigation can also reveal whether responsibility extends beyond the property owner. A hotel operator, commercial tenant, property manager, maintenance company, security contractor, or another business may be responsible for the specific area or condition that caused the injury.

FAQ for Las Vegas Premises Liability Claims

Let’s Talk About Your Las Vegas Premises Liability Claim

Henness & Haight can investigate who was responsible for the property, preserve evidence, deal with the insurance company, and determine whether the facts support a premises liability claim. 

Our Las Vegas premises liability attorneys have extensive experience in dealing with insurance companies, and we’re equally prepared to take a case to court when litigation becomes necessary.

Call (702) 862-8200 or connect with our team online for a free consultation with a Las Vegas premises liability lawyer. We advocate for clients in Clark County and throughout Southern Nevada.