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Getting back on your feet after an injury can take more than just a few doctor’s visits. For many injured Reno residents, you may need time off work, follow-up or rehabilitative care, as well as help adjusting to a new normal. Some injuries leave victims requiring prosthetics, prescriptions, medical devices, or other long-term investments in their health. When the injury has taken place on another person’s property, you may be able to file a separate claim for compensation through a premises liability lawsuit.

At Porter Simon Sierra Injury Lawyers, we are committed to fighting for the rights and recovery of injured Nevadans and have helped many get back on their feet after an accident. For a free consultation with a premises liability attorney, contact our offices today.

What Does “Premises Liability” Mean?

Under Nevada premises liability law, property owners can be held accountable for serious injury or death of visitors when they fail to take reasonable, foreseeable cautions against the conditions that led to the harm. A premises liability case can result in the injured party receiving monetary damages that cover their medical bills, prescription costs, time off work, pain and suffering, loss of enjoyment, and other expenses related to the injury.

Common Types of Premises Liability Cases in Reno

Some of the most common types of premises liability cases in Reno and the surrounding areas involve:

• Slips, trips, and falls
• Animal attacks
• Incidents involving inadequate security, especially in bars, hotels and casinos
• Elevator malfunctioning
• Swimming pool accidents or deaths
• Falling objects or construction injuries
• Low lighting and faulty electrical wiring
• Dangerous flooring or stairwell conditions like loose rugs, loose handrails, and uneven surfaces
• Food poisoning
• Poor crowd control

Elements of Premises Liability: How Do I Know If I Have a Case?

In order to bring a successful premises liability claim, you must meet certain conditions. They include:

• You must have been on the property lawfully. If you are an invitee, such as a customer in a grocery store, or a licensee, such as a visitor to a friend’s house, you may generally file a claim. Trespassing, stalking, or otherwise taking unlawful action that results in an injury may not qualify you to file for compensation.
• There must be a dangerous condition on the property. Some accidents simply occur without anyone or anything being at fault. However, if there was a hazard on the property that should have been addressed, then you may be able to bring a successful claim. Some examples include construction debris, an uneven sidewalk, wet floors, broken doorways, unsafe building infrastructure, or unsecured stairway handrails.
• The owner must have known about the hazard or should have known. The owner should have already been notified about the issue, or it must be reasonable for them to have known about it. For instance, if a tree branch falls in front of you, causing an accident, there may not have been a reasonable way for the owner to have prevented that issue. However, if they were recently warned about the hanging branch from their landscaping company, if there was a serious storm in the past week that caused significant damage to the area, or if the branch was obviously a hazard for some time and they failed to take it down safely, then even this seemingly freak accident may be cause for a premises liability claim.
• The hazard must have caused the injury. In the above example, if the falling tree branch was not the reason for your injury, then the fact that there was a hazard on the premises is not enough to bring a successful claim. Under Nevada state law, the hazard must have caused the injury in order to hold the property owner liable.

What Should I Do After a Reno Premises Liability Accident?

After a premises liability accident, it is important to seek medical attention as soon as possible. Seeing a doctor is not only vital for your health; it is also the mainstay of your premises liability claim for damages. If you do not see a doctor or if you delay, the defendant may be able to argue that your injuries were not caused by your accident, or were worsened in the interim period before you were examined. In this case, they may successfully be able to claim that you should not receive the full amount that you are requesting from a premises liability claim.

You will also need to gather evidence of the surrounding area after an accident. Take photos or videos if possible, and be sure to include hazardous conditions in your documentation. If weather conditions are a factor, take note of them. Talk to witnesses and see if you can take down their contact information. They may be able to support your claim for compensation later on by adding their own testimony about what caused or contributed to your accident.

Finally, make sure to report the accident. Speak to a site supervisor, store manager, or anyone else on the premises with responsibility for conditions. Tell them what happened, and ask if you can have a copy of the security tape if applicable. Bring all of this evidence, as well as your medical bills and documentation, to your appointment with a premises liability lawyer.

Do I Need a Premises Liability Lawyer?

There is a misconception that premises liability cases are straightforward. Say you slip on a wet floor without a caution sign, injure your back, and now need the owner of the premises to cover your medical costs. It seems as though you should be able to represent yourself in this cut-and-dried case. However, there are many elements that can influence the outcome of your claim.

Say that in this otherwise clear-cut case, you did not go to the doctor right away, but instead waited a week or two to see if the injury would get better on its own. While this may have seemed reasonable at the time, when you go to file your injury lawsuit, the owner of the premises—and their attorney—can now argue that something you did in the interim was what really hurt your back. They may point out that you have struggled with back problems before, or try to argue that you have existing debts that are influencing your claim for compensation. They may make the case that the wet floor was an “open and obvious” hazard, meaning that it needed no signage to notify visitors. They may attempt to argue that you were on the premises not as an invitee, but instead a licensee or even trespasser, and as such are due a different burden of care. All of these are simple ways that you can be denied compensation, assuming you filed your claim correctly and in the appropriate jurisdiction.

There are many more pitfalls besides these that a premises liability lawyer can help you avoid. Our firm specializes in helping Reno residents who have been injured move forward with the compensation that they need. We file your claim correctly, on time, and represent you with diligence and compassion. We can help ensure your claim is supported by legal precedent as well as compelling evidence, such as eyewitness testimony, security tapes, and potentially even prior accidents due to the same condition. Whether your injury was a significant setback or a life-changing accident, our Reno premises liability lawyers are available to help you build the strongest claim possible for compensation.

Reno Premises Liability Lawyer: FAQs

The following are some frequently asked questions about Reno premises liability law. For an answer to a specific question about your case, contact us for a consultation.

What Damages Can I Recover From a Premises Liability Claim?

You may be able to recover your medical bills and additional expenses, such as ambulance rides or rehabilitative care, your lost wages, lost future earnings due to a change in abilities, as well as payments for your pain and suffering from Reno premises liability settlements.

How Long Do I Have to File a Claim in Nevada?

Nevada has a two-year statute of limitations for premises liability injury claims. You must file within two years from the date of the premises liability injury in order to qualify for compensation.

Can I Still Receive Compensation If I Was Partially At Fault For the Accident?

According to NRS 41.141, Nevada is a modified comparative negligence state for injury claims. This means that as long as you were less than 51% at fault for your injury, you can make a claim for compensation.