Sustaining an injury on another's property in Nevada can be confusing and stressful. According to premises liability law, real estate owners must maintain a reasonable standard of safety for their guests, which includes giving them enough notice of any potential risks. You could be eligible for compensation if you encountered an unsafe situation on the premises during your injury.

You can navigate the complexity of a premises liability lawsuit with the help of a personal injury lawyer. He/she is your best bet at winning your lawsuit. The guide below addresses premises liability and breaks down all you need to know to help you understand the concept. 

Breaking Down Premises Liability Laws

Nevada's laws on premises liability require landlords, tenants, and occupants to maintain a duty of care, which protects anybody hurt on someone else's property. Therefore, you can hold the owner liable for your injuries if there is a dangerous condition on the property. Further, the owner should have known or learned about it through reasonable inspection. You can also sue them if they caused the situation.

In your capacity as the plaintiff, you must establish multiple elements by a preponderance of the evidence, namely:

  • Establish that the defendant owned or controlled the property on which you suffered injuries.
  • Demonstrate your authorized presence on the property as an invitee. You can be a client or visitor who has permission to be there. Alternatively, you can be a licensee (someone with authority to be there but not for business).
  • Provide proof of a hazardous environment that existed and played a role in your accident, for example, damaged stairs, broken elevators, or dim lighting.
  • Show that the defendant caused the unsafe condition or should have known about it.
  • Establish a clear connection between the risky situation and your injuries to prove causation.
  • Prove that your injuries resulted in compensable damages, for example, medical expenses, missed income, and pain and suffering.

In most cases, accident reports, medical records, witness statements, and images of the hazardous condition serve as crucial evidence used to substantiate the above elements.

In Nevada, proving a civil case, including premises liability claims, relies on the preponderance of the evidence. The aggrieved person, or plaintiff, must persuade the court that their version of events has a greater than 50% chance of being true.

The plaintiff must provide evidence showing a greater probability than counterarguments that the owner's negligence and the property's hazardous condition caused his/her losses. Only then does he/she satisfy this requirement.

Compared to the "beyond a reasonable doubt" standard in criminal trials, where the burden of proof is substantially higher, this level is less stringent. The main goal of civil cases is to ascertain which side's story is more credible.

Let us look at these elements in detail. 

  1. Dangerous Conditions

Nevada's premises liability laws mandate that landlords, property owners, and occupants keep their spaces safe and alert guests to potential dangers. This protects anyone from being hurt on other people's property. If they are, it provides an avenue to seek compensation. Liability for injuries could arise from neglecting to address hazardous circumstances.

Common premises liability claims result from the following:

  • Negligent security — In high-risk regions, inadequate security personnel, broken security equipment, or poor illumination can all raise the possibility of crime. A premises liability claim could result from the owner's failure to address security issues.
  • Slip and fall hazards — Uneven flooring, damp surfaces without warning signs, damaged stairs, faulty elevators or escalators, and insufficient illumination in hallways or public spaces are all potential sources of slip and fall hazards.
  • Violations of fire safety — Obstructed fire exits, broken smoke detectors, fire extinguishers, and inadequate escape routes are some safety violations that are grounds for a premises liability suit.
  • Structural problems — These conditions include broken or uneven pavement, unstable railings, broken windows or doors, and leaking roofs.
  • Swimming pool hazards — Examples include missing depth indicators, poorly guarded or unfenced pools, and broken pool equipment.
  • Exposure to toxins — Older buildings with lead paint, dangerous materials like asbestos, or chemicals kept incorrectly can all harm guests.

Property owners and managers in Nevada ought to adopt preemptive measures. These measures help mitigate the potential for premises liability lawsuits and guarantee the security of guests. Some of them include:

  • Frequent inspections — Routine inspections are conducted to find and fix dangerous situations in shared spaces, stairways, walkways, building exteriors, swimming pools, and fire safety systems.
  • Timely upkeep and repairs — As soon as possible, take care of potentially unsafe situations by mending damaged stairs, leveling uneven ground, changing out bad lighting, and fixing broken elevators.
  • Have warning signs put up — Conspicuous warning signs, like "Wet Floor" or "Caution, Slippery Steps," are advisable for transient risks that require quick attention.
  • Adequate security procedures — Ensure parking lots and building entrances are well-lit, install working security systems, and station security guards in high-risk areas.
  • Maintaining records — Property owners and managers are supposed to keep records of inspections, repairs, and incidents to demonstrate their efforts to maintain a safe environment.
  • Employee education — Employees should receive training on identifying hazards, reporting them for immediate attention, and adhering to safety procedures to handle situations effectively.

In a premises liability lawsuit, the particulars of the incident will determine liability. Courts consider elements like the type and location of the risk. 

For example, a pothole in a rarely used parking lot does not warrant the same conspicuous notice as a hidden trip hazard in a dimly lit hallway. Whereas seldom-used places can require less attention and warning, high-traffic areas might require more.

Accidents brought about only by unpredictable natural events, sometimes known as "acts of God," release landlords and tenants from liability. There are, nevertheless, certain exceptions. A property owner could be liable for any injuries from failing to take precautions against a recurrent natural hazard, for example, ice spots on a sidewalk or failing to alert guests to the possibility. The same holds if the owner's actions exacerbate an unanticipated natural hazard and result in harm. Negligence could include, for instance, failing to clear ice and snow buildup on a walkway following a snowfall.

  1. Invitees, Licensees, and Trespassers

Under Nevada's premises liability legislation, visitor safety precedes antiquated categorizations. Courts previously classified guests as invitees, licensees, and trespassers. Based on these classifications, they assigned different degrees of duty of care to tenants or landlords.

Currently, the law emphasizes reasonable care in a given situation. Landlords and tenants must take reasonable steps to ensure all guests are in a safe environment. Thus, they have to:

  • Keep the property safe by reducing the likelihood of dangerous conditions occurring
  • Inform guests of known risks that are not always obvious
  • Act with ordinary care to avoid known hazards that could endanger you

Determining liability in each case depends on its unique circumstances. The courts will take into account elements like:

  • The type of risk that exists — The risky condition's potential for harm and its severity
  • The visitor's level of understanding — If the visitor was aware of the hazard but proceeded anyway, it may impact the landlord's liability.
  • The landlord's activities — The court will evaluate whether the landlord or tenant took reasonable steps to address safety concerns, warn visitors of known hazards, and act with ordinary care to prevent foreseeable dangers.

Note: Hotel, resort, and casino guests are all covered under Nevada premises liability laws.

Trespassers are typically the least protected by premises liability legislation. However, there are several situations in which landlords or tenants could have an obligation to treat trespassers with reasonable care. Among these exclusions are:

  • Known trespasser — landlords must refrain from purposely injuring trespassers if they know they are on the property.
  • Children who trespass are particularly subject to the attractive nuisance doctrine — If a landlord fails to take reasonable precautions to protect the area or warn children of the danger, they could be held responsible for any injuries sustained by visitors to their property that result from an appealing nuisance, like a playground or swimming pool. Adult trespassers are exempt from this doctrine.
  • Increased risk — A landlord could be held liable for any harm that results from his/her acts if he/she puts a known trespasser in danger, exposing them to additional risks. If a landlord places a trap as a deterrent to trespassers and one of them steps on it without realizing it, the landlord could be in trouble.

The trespasser has the burden of proof to show that the landlord was aware of their presence or that an enticing nuisance existed. 

  1. Damages

Understanding Nevada's laws regarding premises liability is essential if you were hurt on someone else's property and believe the homeowner's negligence caused it. Demonstrating the homeowner's carelessness is necessary to win a premises liability case.

You will need to establish a few crucial elements to win. 

  • Depending on whether you were a trespasser, invitee, or licensee, you must demonstrate that the homeowner owed you a duty of care. For example, homeowners are responsible for ensuring guests' safety on their property.
  • You must prove that the homeowner violated this duty of care by leaving a dangerous condition unattended or intentionally creating one. Examples include unrepaired, damaged steps, or dimly lit walkways.
  • You must also demonstrate a clear and direct connection between the homeowner's negligence and your injuries. This will prove that the hazardous condition caused your injuries.
  • Further, your injuries must have resulted in tangible damages, like medical expenses or lost income.

In a premises liability action, recoverable damages fall into three categories: punitive, non-economic, and economic. 

Economic damages are simple to understand and relate to measurable losses. Examples include medical costs that cater to your medical costs, lost wages, or property damage, like your car.

Non-economic damages are arbitrary and represent how your injuries have affected your life. You can include pain and suffering, loss of consortium, humiliation, or disfigurement. 

Punitive damages are uncommon and only applied in the most egregious cases of homeowner wrongdoing.

Like other states, Nevada has a statute of limitations for bringing legal action. In personal injury claims, including premises liability, the statute of limitations is usually two years from the date of the injury. There are, nevertheless, certain exceptions. Meeting deadlines and managing legal complexity require the advice of an experienced personal injury attorney.

What if I lose a Loved One Due to the Homeowner’s or Renter’s Negligence? Do I have a Recourse?

Yes, you do through a wrongful death lawsuit.  

Surviving family members of a loved one lost because of a dangerous condition on someone else's property have redress under Nevada law. Lawsuits for wrongful death seek damages for the severe emotional and financial distress you experienced. Among the recoverable losses are:

  • Medical expenses
  • Expenses related to the funeral and burial of the deceased
  • Lost financial suppor
  • Loss of companionship
  • Lost inheritance
  • Emotional distress

Homeowner's Insurance and Premises Liability Claims in Nevada

As we have seen so far, per Nevada's premises liability regulations, homeowners are liable for any injuries guests sustain because of dangerous circumstances on their property. Even with this legal obligation, homeowners could still have to pay costs in the event of a lawsuit, making homeowner's insurance important in this situation.

Personal liability coverage is a common feature of homeowner's policies in Nevada. It provides a defense against monetary damages resulting from legal actions, especially premises liability claims.

Consider the following scenario: You go to a friend's house, and a broken step causes you to have a terrible injury. His/her homeowner's insurance would probably kick in if you sued your friend for premises liability, claiming his/her carelessness resulted in injuries. 

The personal liability coverage of the policy offers two main advantages:

  • A legal defense for the defendant — Your friend's insurance company would probably pay for their legal defense in court
  • Coverage for damages awarded — Your friend's insurance coverage would pay the awarded amount, up to the policy limitations, if the court finds in your favor and awards you damages. The award could cover medical expenses or lost income caused by the injury.

However, you should know the limitations of homeowner's insurance and premises liability claims. Some of them include:

  • Coverage limits — Policies usually have a maximum amount to be awarded for covered claims. These amounts typically range from $100,000 to $200,000. However, the policyholder could have opted for additional coverage.
  • Policy exclusions — Certain policies, like those covering dog bites or deliberate actions, do not apply in certain circumstances. Read the policy specifics thoroughly to understand what is and is not covered.
  • Medical payments coverage — While it has fewer limits than liability coverage, medical payments coverage is a feature of some plans that can assist in paying for your medical expenditures regardless of who is at fault.

If your losses and injuries exceed the cap, you can sue the homeowner for the remaining amount. Specific policies go above and beyond the typical coverage limit. They provide additional protection through umbrella clauses.

Notably, the homeowner's insurance does not cover deliberate actions by the homeowner. This implies that the insurance would not cover injuries brought on by intentional acts, like beating up a guest.

Defenses that Apply in Premises Liability Lawsuits

In Nevada, the comparative negligence system governs matters involving premises liability. Homeowners frequently use this principle to lessen their liability and any potential debt. Here are a few typical defenses they could use:

  • Assumption of risk — The homeowner could argue that you intentionally put yourself in danger by entering their property. Homeowners find it challenging to establish this defense unless they can provide concrete evidence that you knew about a particular danger but decided to take it nonetheless.
  • Lack of due care — The homeowner could argue that you did not use due care while on their property. This could entail claims that you were drunk, distracted, or engaged in other actions that aggravated your injury.
  • Open and obvious danger — Some homeowners would contend that you should have avoided the hazardous situation because it was evident and plain to see. They must demonstrate that you neglected to take the necessary safety measures and that the hazard was obvious.
  • Intervening cause — They could contend that your damage was caused by a different issue unrelated to the dangerous condition. The particulars of your case have a significant impact on the viability of this defense.
  • Exculpatory clause — Homeowners could have waivers or signs attempting to limit liability for injuries. However, whether or not these agreements are enforceable varies and could not stand up in court, particularly if they are extremely wide or the homeowner behaved carelessly.
  • Pre-existing conditions — The homeowner could try to minimize the significance of the accident by claiming that your injuries were already there and were only made worse by the mishap. Clear medical records demonstrating the severity of your injuries and their relationship to the event are essential to combating this assertion.

Consider the following example: 

You are at a party when you trip over an open swimming pool at your friend's house and break your arm. 

Per Nevada's doctrine of comparative negligence, the court could give you 20% of the blame if you wandered carelessly at night. The 51% threshold guarantees that you will still be eligible for compensation even with this partial culpability, provided that your percentage of the fault is less than 51%.

Here, $10,000 in damages and a 20% responsibility attribution would result in a $8,000 reduction in compensation (total damages * [100% less your fault percentage]). The 51% limit keeps people under half at fault from being completely denied compensation.

Find a Personal Injury Attorney Near Me

From the information above, it is clear that you can seek compensation for your losses or injuries incurred on someone else's property due to their carelessness. Understanding these fundamental ideas gives you the ability to seek just compensation. Property owners' legal responsibility is to keep the area safe, and you should not have to pay for any injuries brought on by their negligence.

Seek the advice of our experienced team at the Las Vegas Personal Injury Attorney Law Firm if you were injured on someone else's property. We will handle the intricacies of your case and fight for just compensation for your injuries. Contact us at 702-996-1224 for a free case assessment.