Premises Liability Lawyer in Las Vegas
Guiding Injured Clients Through Premises Liability Claims in Las Vegas, Enterprise, Paradise & Henderson
Premises liability refers to property owners' and occupiers' responsibility for providing reasonably safe environments for visitors. This legal doctrine holds property owners accountable for accidents and injuries occurring on their premises due to unsafe conditions. It is designed to safeguard visitors, guests, and others who legally enter a property from hazards that could result in injury.
If you or someone you love has been injured on another’s property due to an unsafe condition, you may have grounds for a premises liability claim. At Cohan PLLC, we can assess the circumstances of your incident to determine your legal options. Attorney Chasen Cohan is an experienced trial lawyer with over a decade of professional practice resolving cases.
Schedule a free case review with a Las Vegas premises liability attorney at Cohan PLLC. Call (702) 623-3579 or contact us via our online contact form. Hablamos español.
Common Types of Premises Liability Cases
Premises liability cases can stem from numerous types of accidents on private and public property. Slip and fall accidents are among the most common. Other cases can include injuries from falling objects in retail stores or warehouses or those sustained through criminal attacks due to inadequate security.
Some of the most common premises liability cases in Las Vegas involve hotels and casinos. Hazards on these properties have resulted in falls, illness from contaminated food, and injuries from defective elevators, escalators, or security failures.
Many types of hazards can result in premises liability claims, such as:
- Slippery surfaces (water, ice, wax, oil)
- Inadequate warnings or signage for potential dangers
- Broken or poorly maintained railings
- Cracked or uneven pavement
- Insufficient security measures in high-risk areas
- Malfunctioning elevators or escalators
- Poorly maintained landscaping (e.g., overgrown shrubs obstructing pathways)
- Exposed wiring or unguarded electrical hazards
- Unsound structures (e.g., collapsing stairs, unstable balconies)
- Fire hazards or lack of fire safety measures
These and other hazardous conditions can occur on the premises of private homes, commercial office buildings, shopping malls, restaurants, theaters, sports and entertainment venues, hotels, bars, and other properties. It’s crucial for property owners to conduct regular safety audits and maintenance checks to mitigate these risks. By being proactive, they not only protect visitors but also themselves from potential liability. Furthermore, understanding local safety regulations and compliance mandates can significantly reduce the risk of accidents and legal claims against property owners.
It’s also important for individuals who have suffered from such incidents to be aware of their rights and the possible recourse available to them. You can document the hazardous conditions via photos, reports, and obtaining witness accounts, which can be vital in establishing liability. At Cohan PLLC, our Las Vegas premises liability attorney can assist in gathering this crucial evidence and help you understand the legal framework surrounding your incident.
Common Locations for Premises Liability Accidents in Las Vegas
Accidents that result in serious injury can occur almost anywhere, but certain locations are more likely to be tied to premises liability claims due to high foot traffic and frequent maintenance challenges. Many claims involve incidents at popular casinos on the Strip, retail shops at destinations such as Downtown Summerlin, and busy hotels that line Las Vegas Boulevard and Fremont Street. With so many people moving through these venues, property owners have a heightened responsibility to ensure walkways, lobbies, parking structures, and common areas are kept safe and well maintained.
Furthermore, neighborhoods in Enterprise, Paradise, and Henderson with active shopping plazas or apartment complexes can also be sites for hazardous conditions that require prompt attention from landlords or property managers. Premises liability accidents can also arise in public spaces like parks, at large event arenas, and even on school grounds or at sports facilities. If you have suffered injury in one of these types of local settings, working with a premises liability lawyer Las Vegas residents trust can help you navigate both the legal process and any specific local codes or ordinances that could impact your case.
Understanding Nevada Premises Liability Laws
Premises liability laws in Nevada establish specific requirements for property owners regarding the safety of visitors. The state follows a comparative negligence rule, which means that a plaintiff's compensation can be reduced based on their percentage of fault in an accident. For instance, if there were unsafe conditions that a property owner should have resolved, but someone ignored temporary warning signs as well, then the injured party might be assigned 50% of the blame of the accident. That injured person could still file for compensation, but the possible settlement would be reduced by 50%. If that injured person was considered more than 50% at fault, then they would be ineligible to file a premises liability claim.
It's essential to work with an attorney who understands how to navigate these premises liability laws effectively, ensuring that the accountability of all parties is fairly assessed.
Nevada law also differentiates between invitees, licensees, and trespassers, with property owners owing different levels of duty to each category:
- Invitees, those who are on the property for the owner's business benefit, are owed the highest duty of care. This includes regular safety inspections and rectifying known hazards.
- On the other hand, licensees are on the property for their own purposes, and the obligation is primarily to warn them of known dangers.
- Trespassers are given the least duty (with the exception of minors); however, property owners must refrain from causing intentional or willful harm to trespassers.
Understanding these distinctions is crucial for clients to know where they stand in terms of their rights and their legal options in Las Vegas.
Proving a Premises Liability Case in Las Vegas
Under premises liability law, property owners and managers are expected to uphold a standard of care to ensure the safety of individuals who enter their property. This includes regularly inspecting the premises for potential hazards and taking prompt action to rectify any discovered unsafe conditions. Property owners must also provide adequate warnings about known dangers, such as signage for slippery surfaces or obstructions, to inform visitors of potential risks. Maintaining proper indoor and outdoor lighting is also essential to prevent accidents, especially in high-traffic locations.
In the case of commercial properties, owners and managers may be held to an even higher standard of care, as they are responsible for maintaining a safe environment for customers and employees alike. Failure to comply with these expectations can result in liability due to negligence.
To succeed in a premises liability case seeking damages for your injuries, you generally must prove the following elements:
- Duty of care: The property owner was legally obligated to maintain a safe environment for visitors.
- Breach of duty: The owner failed to address a hazardous condition, causing an unsafe condition.
- Causation: A direct connection exists between the hazardous condition and the injury sustained.
- Damages: You suffered actual damages, such as medical expenses, lost wages, or pain and suffering due to the incident.
How Cohan PLLC Can Help in Las Vegas Premises Liability Cases
Our firm’s primary focus is representing clients harmed through negligence or wrongdoing. We have over a decade of experience resolving injury cases through negotiation or in court. We can review the circumstances of your injury to determine if you have a viable premises liability case. Once we move forward with your case, we can gather evidence, interview witnesses, and analyze the property owner’s duty of care to support your case with evidence. We can also calculate the full extent of your damages to cover what you have suffered and lost.
If the owner has insurance, we can negotiate with the insurer for a fair settlement. If a settlement cannot be reached, our firm can file a lawsuit on your behalf and represent you in court. We are prepared to aggressively protect your rights throughout the process and fight for the best possible result.
When you work with our Las Vegas premises liability attorney, you can expect the following support at every step of your case:
- Thorough case evaluation. We carefully review the facts, evidence, and potential sources of liability to determine if your case is viable.
- Hands-on evidence gathering. This includes interviewing witnesses, visiting the incident location, and securing any available accident reports or inspection records.
- Negotiation experience. We negotiate with property owners’ insurers and defense attorneys to pursue an outcome that reflects your true losses.
- Trial readiness. If a fair settlement cannot be reached, we are prepared to take your case to trial.
- Personalized communication. Our team keeps you informed, answers your questions, and addresses your concerns throughout the legal process.
Las Vegas Premises Liability FAQ
What Should I Do If I'm Injured on Someone's Property?
First and foremost, seek medical attention for your injuries. Your health and safety are priorities. Once you are safe, it's crucial to document the scene where the injury occurred. Take photographs or videos of any hazards, collect witness contact information, and report the incident to the property owner or manager. After gathering evidence, contact a qualified premises liability lawyer at Cohan PLLC to discuss your situation. We can advise on the next steps and help determine the viability of your case.
How Long Do I Have to File a Premises Liability Claim in Nevada?
In Nevada, the statute of limitations for filing a premises liability claim is generally two years from the date of the injury. This period can vary depending on specific circumstances, such as when the injury was discovered if not immediately apparent. It is crucial to act promptly to preserve your legal rights and file your claim within the legal deadline.
Why Is Comparative Negligence Important in These Cases?
Comparative negligence is significant because it affects the amount of compensation you can receive. Under Nevada's modified comparative negligence law, if you are found to be partly responsible for the accident, your compensation may be reduced by your percentage of fault. However, if you are more than 50% at fault, you may not be entitled to compensation at all. This system underscores the importance of accurately determining liability percentages, which can be complicated to determine, yet another reason to speak with a premises liability lawyer right away.
What Damages Can I Recover in a Premises Liability Case?
Compensation in a premises liability case can include various types of damages. Economic damages cover tangible losses such as medical expenses, rehabilitation costs, lost wages, and potential loss of earning capacity. Non-economic damages may address pain and suffering and emotional distress. In certain cases, punitive damages might be awarded if the conduct of the property owner was especially reckless. A comprehensive evaluation by our Las Vegas premises liability attorney at Cohan PLLC can help identify all possible damages you might be entitled to and aid in maximizing your compensation.
Contact us online or at (702) 623-3579 to discuss your case in a free consultation with a Las Vegas premises liability lawyer.
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"Highly recommend."He was very informative, helpful, and knowledgeable. Everything was explained to me so that I could understand.- S.D.
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"I highly recommend Chasen Cohan to anyone in need of a top-tier personal injury attorney."Choosing Chasen to represent me was one of the best decisions I made, and I am incredibly grateful for his outstanding service.- E.N.
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