Henderson Premises Liability Lawyer

When you are injured on someone else’s property, the property owner may be liable. Property owners have the responsibility to keep their property clear of dangerous conditions, which varies according to the type of visitor. For instance, property owners have more responsibility to guests and business invitees than trespassers. However, even trespassers may have some rights, depending on the circumstances.

Some common types of premise liability injuries include slip and fall accidents, drownings, animal attacks, and more. If you have been injured because of a hazard on someone’s property, you may have a personal injury claim. An experienced Henderson premises liability lawyer could help you understand your potential remedies.

The Reasonable Person Standard & Visitor Types

To determine whether a property owner’s negligence contributed to an injury, an attorney will use the reasonable person standard. Property owners must keep their property safe for visitors. However, this does not make them responsible for all accidents that occur on their property. Sometimes, accidents happen even if someone has taken substantial steps to make their property safe for others.

Whether the property owner’s conduct is reasonable depends on whether the injured party was an invitee, guest, or trespasser. For most purposes, Nevada law treats guests and invitees the same since they both have the property owner’s express or implied permission to be on the property. Therefore, it is the property owner’s duty to secure the property for their guests or warn them of any hazards.

In most circumstances, a property owner does not owe any duty to trespassers. However, property owners cannot set traps that could injure trespassers. Additionally, the age of the victim matters. For example, children may trespass onto property to get to an “attractive nuisance,” such as a swimming pool or animal. The owner must secure those dangers from potential trespassing children but does not owe that same duty to adult trespassers.

Some states have an open and obvious doctrine stating a property owner does not have to warn people of a hazard if the hazard is open and obvious. Nevada does not have that doctrine. Property owners still have a duty to protect people, which could mean remedying the issue or providing adequate warning that it exists. Whether the warning is sufficient depends on the reasonable property owner standard—as a premises liability lawyer in Henderson could explain in more detail.

Proving Property Owner Negligence

To prove property owner negligence in a Henderson premises liability case, an attorney must establish:

• There was a dangerous condition on the property
• The property owner knew or should have known about the condition
• An accident occurred that was the result of a hazardous condition
• The accident led to injuries that gave rise to the need for compensation

The Role of Modified Comparative Negligence

Nevada Revised Statutes § 41.141 establishes modified comparative negligence. If a victim contributes to the accident, they can still recover from the property owner, as long as the property owner is more responsible for the accident than the victim. However, the damage awards will be reduced to reflect the victim’s share of the responsibility for the accident.

Determining who is more at fault will involve a careful examination of the situation. Property owners do not have strict liability for all injuries on their property. Still, they do have a duty to maintain safe conditions on their property. Even if the victim is aware of the hazardous condition and is not paying attention, contributing to the accident, the property owner is still responsible for either creating the dangerous condition or not remedying it in a timely manner.

Schedule a Consultation With a Henderson Premises Liability Attorney

Premises liability injuries can be debilitating, potentially leading to spinal cord damage, traumatic brain injuries, pain and suffering, and long-term emotional trauma. Some events are even deadly, such as drownings or electrocutions. When negligence contributes to these traumas, you may be entitled to compensation.

Consulting with a Henderson premises liability lawyer is the first step to getting justice. Our seasoned attorneys could examine the facts and evaluate whether you have a viable case. If you do, they could help you file an insurance claim, negotiate a settlement, or pursue a lawsuit. Call today to schedule a consultation to learn more.