Premises Liability Laws in Nevada: What You Need to Know

Most people expect to go out, take care of errands, and return home in one piece. But when someone leaves home and gets injured on private property, who is responsible?

A Landmark Case: Hendrickson v. Lowe’s (2013)

For example, a Las Vegas jury awarded Kelly Hendrickson over $16.4 million in damages for a 2013 slip and fall accident at a Lowe’s store. Hendrickson suffered permanent injuries, including a loss of taste and smell, after falling in the garden department of the store. The jury found that Lowe’s negligence was responsible for the accident.

Key points of the case:

• Hendrickson argued that the store’s caution cone was not visible enough, leading to her stepping in water and falling.
• The award included $1.9 million for medical expenses and $14.5 million for pain and suffering.
• The jury found Hendrickson 20 percent responsible for the accident, reducing the award to approximately $13.1 million.
• The trial lasted 11 days and focused on the circumstances of the fall and the effectiveness of Lowe’s safety policies.
• The jury declined to award punitive damages.

Hendrickson’s case illustrates several important aspects of premises liability law – a property owner’s duty of care, how negligence needs to be proven, the types of damages that may be awarded, and comparative liability.

What is Premises Liability in Nevada?

Premises liability is a legal concept in Nevada and across the United States. It holds property owners accountable for accidents and injuries that happen on their property. If a person slips, trips, or falls because the property owner failed to maintain safe conditions, the owner can be held liable.

Key points:

• Applies to hazards such as wet floors, uneven surfaces, or poorly lit areas
• Not all accidents lead to liability
• The property owner must have been negligent or failed to correct a known hazard for premises liability to apply

Key Legal Concepts in Nevada Premises Liability

Nevada’s premises liability law has some unique aspects that are important to understand:

1. Rejection of the “Open and Obvious” Doctrine: Nevada courts have rejected the idea that property owners are not liable for hazards that are open and obvious. Property owners still have a duty to maintain safe premises.
2. Assumption of Risk: While this doctrine applies in some cases, Nevada courts have not typically applied it to slip and fall cases.
3. Intervening Causes: Property owners may argue that an unforeseeable intervening cause is responsible for injuries, rather than their negligence.
4. Comparative Negligence: Nevada follows a modified comparative negligence rule (Nevada statute 41.141). If the injured party is more than 50% at fault, they cannot recover damages.

Common Types of Premises Liability Incidents in Nevada

Premises liability incidents in Nevada can take many forms, but some types are more common than others:

• Slip and fall accidents (most frequent)
• Trips over loose carpets or cluttered walkways
• Dog bites
• Swimming pool accidents
• Injuries from falling objects
• Accidents caused by insufficient security, leading to assault or theft

In all these cases, if the property owner’s negligence is found to have contributed to the accident, they may be held liable for damages.

Decoding the ‘Duty of Care’: What Property Owners Must Do

‘Duty of Care’ refers to the legal obligation that property owners have to ensure the safety of their premises for visitors. This means:

• Regularly inspecting their property
• Fixing any hazards promptly
• Warning visitors about potential dangers

For example:

• If a floor is wet, a warning sign should be placed to alert people
• If a staircase is broken, it should be repaired quickly or cordoned off

If a property owner neglects this duty of care, and a visitor gets hurt as a result, the owner may be held liable for the visitor’s injuries under Nevada’s premises liability laws.

When is a Property Owner Responsible for the Accident?

A property owner’s responsibility kicks in when someone steps onto their property. In Nevada, owners are expected to maintain a safe environment at all times. However, the level of responsibility can vary:

• Higher duty of care towards invited guests (e.g., customers in a store)
• Lower, but still present, duty towards trespassers

Even in cases of trespassers, a basic level of safety must be maintained.

The Role of Negligence in Premises Liability Cases

Negligence plays a crucial role in premises liability cases in Nevada. It refers to a property owner’s failure to reasonably maintain their premises, thus causing an injury.

To prove negligence, the injured party must demonstrate:

• A dangerous condition existed on the premises
• The property owner knew or should have known about the hazard
• The owner failed to address the hazard or provide adequate warning
• This negligence directly caused the injury

Evidence can include witness testimonies, surveillance footage, or accident reports.

Comparative Negligence: How Your Actions Can Impact the Case

Comparative negligence is a legal concept Nevada uses in premises liability cases. It takes into account the actions of both the injured party and the property owner:

• If the injured party is found to have contributed to their own injury, their compensation may be reduced
• For example, if a person is found to be 20% responsible for their fall due to not paying attention, their awarded damages would be reduced by 20%
• If the injured party is more than 50% at fault, they cannot recover damages

Statute of Limitations

The statute of limitations sets a deadline for filing a lawsuit:

• In Nevada, the clock starts ticking on the day of the accident
• For personal injury cases, including premises liability, the plaintiff typically has two years to file a lawsuit
• If this deadline is missed, the court is likely to dismiss the case

Steps to Take If You’re Injured on Someone’s Property

1. Seek immediate medical attention
2. Report the incident to the property owner or manager
3. Document the scene (take photos, gather witness information)
4. Preserve evidence (e.g., clothing worn during the incident)
5. Avoid giving detailed statements to insurance companies before consulting an attorney
6. Contact an experienced premises liability attorney

Proving Negligence in Premises Liability Cases

To establish a premises liability claim, the injured party must prove:

1. A dangerous condition existed on the premises
2. The property owner knew or should have known about the hazard
3. The owner failed to address the hazard or provide adequate warning
4. This negligence directly caused the injury
5. The plaintiff suffered damages as a result

Evidence May Include:

• Witness testimonies
• Surveillance footage
• Accident reports
• Maintenance records

Special Considerations

Casino Accidents

Certain locations, like casinos, can present unique challenges when it comes to slip-and-fall accidents:

• High foot traffic
• Alcohol consumption
• Complex property layouts

Understanding the nuances of slip and fall accidents in different settings can be crucial for building a strong case.

Dog Bite Laws

Nevada’s dog bite laws intersect with premises liability in cases involving injuries on private property. Understanding these specific regulations is crucial for both dog owners and potential victims.

Conclusion

If you are injured on someone else’s property, it’s crucial to act promptly. Document the scene, seek medical attention, and consider consulting with an experienced premises liability attorney.

For expert guidance on premises liability cases in Nevada, call 702-680-1111 or contact our experienced team for a free consultation.