Premises Liability

If you’ve come to Las Vegas for a convention or other business related activity, or just for some personal down time and fun, you expect to go home with lots of new contacts made at the convention or other business meetings you may have had, or great memories made from our city’s great entertainment venues and the hospitality that has made Las Vegas the world’s entertainment capital.  The last thing on your mind should be an injury in the hotel where you stayed.  We understand.  You should contact us to discuss your case, because depending on the circumstances of your accident and extent of your injuries, you may be entitled to compensation to pay your medical bills and recovery from the accident.

What do I need to know if I’m injured in a hotel?

You should know that the hotel will not easily pay off in order to engender your good will.  With the number of visitors that come to Las Vegas each year, perhaps Las Vegas hotels do not want to earn the reputation as easy marks in slip and fall cases.  However, you should know that in Nevada, state law requires that property owners keep and maintain their properties with the safety of their guests in mind.  What needs to be established in a premise liability case is:

• The accident was caused on the hotel property
• The owner was aware, or should have been aware of the unsafe conditions and neglected to correct the condition

When out of line conditions result in injury to hotel guests and visitors, the law protects the rights of the injured party.  Some of the conditions which may warrant a lawsuit are:

• Broken Furniture
• Damaged stairs or handrails
• Falling objects
• Lack of Security
• Poor lighting
• Slippery or Wet Floors
• Uneven walkways
• Unlabeled construction areas

What should I do if I’m injured in a Las Vegas hotel?

First, if possible, take pictures of the location where the accident occurred with attention to the out of line condition which caused the accident.  The sooner the better since out of line conditions can be quickly fixed and evidence could be lost.  Second, bring the accident and the out of line condition to the attention of hotel management, however, do not make a statement or sign anything.  Third, obtain medical treatment for the injury you sustained.  Even if you don’t think your injuries are severe, you may need the medical bills and doctor’s diagnosis as evidence of your claim.  Fourth, call our office to discuss your case.

The Richard Harris Law Firm represents guests injured in Las Vegas hotels

Premise Liability is a complex and evolving area of the law which requires the expertise of a lawyer to determine if your circumstance may warrant further action.  Our lawyers are very experienced in this area of the law and have probably dealt with the hotel previously.  We have represented injured Las Vegas hotel guests across the country and around the world.  Our firm has nearly 40 years of experience in helping visitors to Las Vegas get fair and equitable settlements from Las Vegas hotels.  If this sounds like your situation, call our office today at (702) 444-4444.

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Richard Harris discusses hotel slip and falls

If you have been injured on someone else’s property, you may be able to sue the property owner to recover damages through a premises liability case. The laws governing whether you have a valid claim to recover damages for your injuries are complex and often require an attorney to determine the potential liability. Most premises liability claims settle prior to a trial; however, if your injuries are severe and you and the property owner are unable to come to a fair settlement through negotiations and other pretrial procedures such as arbitration or mediation, a trial may be necessary. As a plaintiff in such a case, you have the right to a jury trial.

Each case is different, and many factors enter into property owner liability and potential awards. An attorney who understands this legal territory is necessary in order to pursue a premises liability case. If a court case is required, you may be able to ask for both compensatory damages, i.e. the property owner paying your medical bills, lost wages, loss of future earnings due to the injuries, and pain and suffering; and punitive damages if the property owner was especially negligent. The following are general legal principles and doctrines that govern these types of cases but should not be taken as legal advice.

What needs to be proven in a premises liability case?

In order to have a valid premises liability claim, your lawyer will need to establish five facts:

1. That the person you’re suing (the defendant) owned or controlled the property at the time of the injury
2. That you (the plaintiff) had permission to be on the property at the time of the injury
3. That a dangerous condition existed at the time of the injury
4. That the defendant knew or should have known about the dangerous condition
5. That the dangerous condition caused your injuries

In a trial, the above five facts must be proven “by a preponderance of the evidence,” which means that it is more likely than not that the defendant’s negligence caused the injuries. The court will attempt to establish a percentage of liability under Nevada’s comparative negligence doctrine (NRS 41.141). This means that even if you were partially at fault for the accident (50% or less), you may be entitled to recover damages at a reduced rate.

Property Owner’s Reasonable Duty of Care

A property owner must act in a reasonable way to prevent dangerous conditions on their property. Furthermore, if dangerous conditions exist, property owners may have obligations to warn others of those conditions.

The defendant’s reasonable duty of care may be determined on what type of guest you were at the time of the injury. The courts recognize three types of guests on someone else’s property:

1. Invitees
2. Licensees
3. Trespassers

For example, a visitor to a restaurant who is purchasing food and eating would be considered an invitee. If you are on the premises installing a new computer system to facilitate the business, you could be considered a licensee. If you have stopped at a fast food restaurant or convenience store to use the bathroom without intention to purchase a product, you could be considered a trespasser.

The courts have established that property owners may have a reduced liability to those they have not invited onto their property (trespassers); however, a property owner may not intentionally injure or harm a trespasser.

Property owners may be required to warn others of dangerous conditions on their property if they knew or should have known about the condition, depending on how open and obvious the condition is. Whether the property owner should have known about a condition has to do with the facts of the case and will be determined at trial.

Common Las Vegas Premises Liability Claims

Las Vegas presents an environment where you may have a premises liability claim if you were injured on someone else’s property. Common types of premises liability cases include:

• Slip and fall accidents in casinos, restaurants, and stores
• Defective elevator and escalator accidents
• Faulty carpeting accidents
• Slippery or waxed floor accidents
• Lack of security
• Swimming pool and water park accidents
• Concert accidents
• Uneven or unclear walkways
• Unmarked construction areas

The Richard Harris Personal Injury Law Firm Represents Those Injured by Others’ Negligence

Cases involving injuries sustained on someone else’s property depend on a number of factors. The foreseeability of a potential hazard and the warning given for known or potential hazards are only two factors. The court attempts to determine whether reasonable care was exercised by the property owner to prevent injuries due to both obvious and not so obvious hazards. Premises liability is a complex and evolving area of the law which requires the skills of a knowledgeable and experienced attorney to protect your rights under the law. If you were injured on someone else’s property due to that property owner’s negligence, you may have grounds to file a claim for medical and other expenses incurred by you as a result of the injury. Call us today to discuss your potential case at (702) 444-4444.

Any time you go grocery shopping, visit a friend’s house, or take a walk down the street, you probably aren’t looking out for potential hazards that could lead to an injury. That’s because all property owners and managers have a duty to keep their spaces free of hazards—or, at the very least, make their customers, visitors, and the general public aware of any potentially dangerous conditions.

Although no one expects to suffer life-changing injuries while running daily errands, it happens more than you might expect. According to the Centers for Disease Control and Prevention (CDC), more than one million people are injured in slip and fall accidents every year.  

At Richard Harris Personal Injury Law Firm, we know that suffering any unexpected injury can be a painful, frustrating, and stressful experience, no matter the cause. What’s even more frustrating, however, is when those injuries could have been prevented. If you were injured on someone else’s property, our premises liability attorneys may be able to help you file a claim for compensation.

Slip and Fall Injuries Are Caused by More Than Wet Floors

Many slip and fall injuries result from unsafe conditions that could have been prevented. When property owners and managers fail to address or alert visitors about potential hazards, they should be held responsible.

The law is designed to help prevent victims from paying out of pocket for injuries caused by someone else’s negligence. If you were hurt on another person’s property, our Las Vegas premises liability lawyers want to help you get maximum compensation. When you contact us to handle your slip and fall claim, it’s our goal to hold the responsible property owner accountable by proving:

• The accident was a result of his or her negligence
• The owner was aware of the dangerous conditions and could have prevented the incident

Our experienced legal professionals are ready to assist you anytime, day or night—just call (702) 444-4444, or contact us online now.

The concept of a slip-and-fall case, otherwise known as Premise Liability, has to do with a simple idea. It’s that anyone operating a business should take reasonable care to ensure the property is safe and free of hazards that could cause an accident. If an unsafe condition occurs on the premises, upon proper notification of the condition the business operator must either remove the unsafe condition or in the interim, warn customers that the unsafe, and possibly dangerous, condition exists.

If you are injured, what steps should you take?

If you are on the premises of a Nevada business and you slip and fall and are injured due to unsafe conditions, there are several steps you should take to strengthen a potential case if you choose to pursue a lawsuit against the business owner.

• Depending on the extent of the injuries, you may be transported for medical care immediately to a local hospital. If your injuries do not cause loss of consciousness and you are still able to move about, you should file an accident report as soon as possible after the incident.
  Most businesses have accident report forms already pre-printed and a member of management is usually designated to take the report. As soon as possible after the report is filed, you should seek medical care for the injury. This accomplishes two things: it documents the extent of the injuries, and provides for treatment for the injury at the earliest possible moment.
• You probably won’t be given a copy of the accident report for your own records, so when you are able, write a summary of what happened in your own words. In the summary, tell why you believe the accident occurred and why the business owner is responsible for the unsafe condition.
• If possible, take pictures of the location of the accident, showing the unsafe condition that caused the accident to take place. Document whether warning signs were placed in an obvious location where you could have reasonably seen them. Even if signs were present, if they were misplaced or not obvious, you may still have a case.
  In 2016, a jury found in favor of a shopper at a Nevada Lowes garden department and awarded $16 million to the plaintiff because the warning sign was concealed.
• Talk to an attorney about your case. Depending on the extent of your injuries, most settlements offered by businesses will not cover the medical expenses incurred in a lengthy recovery. The laws governing premise liability are many faceted, and require the skills of a well-seasoned attorney to navigate.

The Richard Harris Law Firm is the largest and most experienced firm in Nevada

The law evolves over time and new cases can change older accepted doctrines. For example, in 2012, the Nevada Supreme Court handed down a ruling that slightly tilted the scales in the plaintiffs favor in Foster v. Costco Wholesale Corporation. A well-informed lawyer will be aware of new rulings and will pursue your case to gain the maximum benefit for you. If you have experienced an injury accident at a local business, call us today to talk about your potential case at (702) 444-4444.

Read More

http://blog.cvn.com/lowes-faces-possible-punitive-damages-at-brain-injury-slip-and-fall-trial

http://caselaw.findlaw.com/nv-supreme-court/1619874.html