Mahna Pourshaban - Attorney at Gina Corena & Associates

Trial Attorney at Gina Corena & Associates

Practice Areas: Personal Injury

Accidents can happen anywhere—whether in a grocery store, a hotel, a casino, or a private home. But when an injury occurs due to unsafe conditions on someone else’s property, the question of liability arises. Who is responsible for the damages? In Nevada, premises liability laws hold property owners accountable for maintaining a safe environment for visitors.

Understanding these laws is essential for both property owners and injury victims. If you or a loved one has suffered an injury due to hazardous conditions on someone else’s property, knowing your legal rights can help you seek fair compensation. This guide provides a detailed overview of Nevada’s premises liability laws, including legal responsibilities, negligence claims, and what to do if you are injured on another person’s property.

What is Premises Liability?

Premises liability is a legal principle that holds property owners and managers responsible for injuries that occur on their premises due to unsafe conditions. These cases typically arise when a person is injured because of negligence in maintaining the property.

Common Types of Premises Liability Cases in Nevada

  • Slip and Fall Accidents – Wet floors, uneven sidewalks, or poorly lit walkways can cause serious injuries.
  • Dog Bites and Animal Attacks – Property owners may be liable if their pet injures someone on their premises.
  • Swimming Pool Accidents – Lack of proper safety measures around pools can result in drownings or injuries.
  • Falling Objects – Merchandise falling from shelves in a store or debris from a construction site can cause head injuries.
  • Inadequate Security—Assaults, robberies, or attacks caused by a lack of security in public or private spaces may lead to liability claims.

Not all accidents on someone’s property automatically result in premises liability claims. The key factor is negligence—whether the property owner knew or should have known about the dangerous condition and failed to fix it.

Premises Liability - slip and fall accidents - corena law

Key Legal Concepts in Nevada Premises Liability

Duty of Care in Premises Liability Cases

Under Nevada law, property owners owe a duty of care to individuals who enter their property.

However, the level of care varies depending on the status of the visitor:

Visitor Type Duty of Care by Property Owner
Invitees (e.g., customers, hotel guests) Highest duty—must regularly inspect and maintain safe premises.
Licensees (e.g., social guests) Moderate duty—must warn guests of known hazards.
Trespassers (e.g., unauthorized visitors) Minimal duty—cannot intentionally harm but no requirement to maintain safe conditions.

Comparative Negligence in Nevada (NRS 41.141)

Nevada follows the modified comparative negligence rule when determining liability in premises liability cases.

In Nevada, if an injured party is more than 50% responsible for their accident, they are barred from recovering damages.”

For example, if a victim is awarded $10,000 but is found 20% at fault for their injury, their compensation is reduced by 20%, meaning they receive $8,000 instead.

Rejection of the Open and Obvious Doctrine

Unlike some states, Nevada does not allow property owners to escape liability simply because a hazard was “open and obvious.”

“Property owners in Nevada are responsible for hazards on their premises, even if they are visible to visitors.”

This means that even if a danger was noticeable, the property owner may still be held responsible if they failed to take reasonable steps to fix it.

Proving Negligence in a Premises Liability Case

To win a premises liability lawsuit, the injured party must prove that the property owner was negligent.

Key Elements of Negligence

  1. A hazardous condition existed on the premises.
  2. The property owner knew or should have known about the hazard.
  3. The owner failed to take corrective action (e.g., warning visitors to fix the problem).
  4. The hazard directly caused the injury of the victim.

Evidence That Strengthens a Case

  • Photos or videos of the dangerous condition.
  • Witness statements confirming the hazard existed.
  • Incident reports were filed with property management.
  • Medical records linking injuries to the accident.

A strong premises liability claim relies on proving that the owner was aware of the risk but failed to act.

Nevada’s Statute of Limitations for Premises Liability Cases

Victims of premises liability accidents must act quickly to preserve their legal rights.

In Nevada, premises liability claims must be filed within two years from the date of the injury (NRS 11.190).”

Failure to file within this timeframe can result in the case being dismissed, leaving the victim with no legal recourse for compensation.

Nevada Statute of Limitations for Premises Liability Cases

Steps to Take After a Premises Liability Injury

If you are injured on someone else’s property, taking the proper steps can strengthen your case:

  1. Seek Medical Attention – Get treatment immediately to document injuries.
  2. Report the Incident – Notify the property owner or manager.
  3. Take Photos/Videos – Capture the hazardous condition before it is fixed.
  4. Collect Witness Contact Information – Their statements can support your claim.
  5. Preserve Evidence – Save clothing, footwear, and any physical evidence.
  6. Avoid Speaking to Insurance Companies – Their goal is to minimize payouts.
  7. Consult a Premises Liability Attorney – A lawyer can assess your case and protect your rights.

Frequently Asked Questions (FAQs)

1. What is premises liability coverage?

Premises liability coverage is insurance that protects property owners from legal claims if someone is injured due to unsafe conditions on their property.

2. How do I prove a property owner was negligent?You must show:

  • A hazardous condition existed.
  • The owner knew (or should have known) about it.
  • They failed to correct it or warn visitors.
  • You suffered injuries as a direct result.

3. Can I file a claim if I am partially at fault?

Yes, but Nevada’s comparative negligence law reduces your compensation by your percentage of fault. If you are more than 50% at fault, you cannot recover damages.

4. What is the deadline to file a premises liability lawsuit in Nevada?

The statute of limitations is two years from the date of the injury. If you miss this deadline, you lose the right to seek compensation.

5. Are businesses responsible for customer injuries?

Yes. Businesses have a legal obligation to maintain safe conditions. If a customer is injured due to negligence, the company can be held liable.

6. What should I do after a slip and fall accident?

Conclusion

Premises liability laws in Nevada exist to protect victims of unsafe property conditions. Property owners must maintain safe premises, and failure to do so can result in legal liability. If you have been injured due to hazardous conditions on someone else’s property, understanding your rights is the first step toward seeking compensation.

At Gina Corena & Associates, we fight to protect the rights of injury victims. Our experienced legal team is ready to help you navigate the complexities of premises liability law and pursue the compensation you deserve.

If you or a loved one has suffered an injury due to a property owner’s negligence, do not wait. Understanding your rights and taking timely action can make all the difference in your case.

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

  • This was my first time using a lawyer, which I needed due a major car accident. They made everything simple and stress free, and I couldn’t be happier with the attentive care I received from everyone at the law office. Gresia was fantastic, and kept in touch regularly. She was professional, knowledgeable, and very kind. I would recommend them to anyone.

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