In Nevada, and especially Las Vegas, slip and fall accidents are quite common. After an accident, if the individual suffered serious injuries and thinks someone else was at fault, he can bring a personal injury suit against the owner or occupier of the property. This is based on premises liability which holds that owners and occupiers of property have a duty to keep their property reasonably safe for visitors. In other cities, premises liability is most often connected to icy sidewalk accidents, but lucky for us, it’s normally just plain old slip and fall in Las Vegas.
If you suffer a bad fall and believe that the property was unreasonably hazardous or dangerous, you should meet with a personal injury lawyer and discuss your options. Our attorneys at Bighorn Law can help you navigate this process and get compensation. Here is some basic information, so that you can better understand your rights and the duties of the property owner.
Like many other personal injury cases, premises liability is based on the concept of negligence. The property owner has a duty to exercise a reasonable standard of care in order to keep visitors safe. For a plaintiff to receive damages, he will have to show that the owner was negligent. This can be done by showing that the owner was not maintaining their property to a reasonable standard of safety or by showing that the owner knew of a risk on the property, but did not fix it.
Types of Visitors
The legal status of the person who was injured on the property also plays a role in how premises liability works. Generally, there are three types of visitors: invitees, licensees, and trespassers. Invitees are those who were invited on the property. The owner knew that they would be coming, and so has the highest duty to maintain a safe property. Licensees are those who were not specifically invited, but were allowed to enter. This can include uninvited visits by acquaintances or sales visits. Trespassers are visitors who have no right to be on the property.
In some states, property owners have a lower duty to licensees than invitees. A licensee will have to meet higher requirements to show that the owner was acting negligently. In Nevada, however, invitees and licensees are treated the same. Property owners have a duty to keep their property reasonably safe for all visitors, except trespassers.
Trespassers obviously have no right to be on the property, and so the property owner ordinarily has no duty to keep the property safe for them. The only exception is when the trespasser is a child. This exception is most relevant when a child is injured by a dangerous dog or open pool, and the owner did not take reasonable care to keep children away from the area.
Contact an Attorney
If you have been injured by a slip and fall, you should contact our attorneys right away. Though these situations seem simple, determining who was at fault and if the property was reasonably safe can actually be quite complicated.