Premises Liability
Mesquite Premises Liability Lawyer
Suffered an Injury on Someone Else's Property in Mesquite, NV?
If you’ve suffered an injury due to unsafe conditions on someone else’s property, you may be entitled to compensation under Nevada’s premises liability laws. At Bertoldo Carter Smith & Cullen, our Mesquite premises liability lawyers are dedicated to holding negligent property owners accountable and helping injured victims recover the compensation they deserve. Here, we provide an overview of premises liability law, common types of cases, how to prove liability, and how we can help you with your case.
To talk to one of our Mesquite premises liability lawyers at no upfront cost or obligation to you, call 702-800-0000 or contact us online today.
What is Premises Liability?
Premises liability is an area of personal injury law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe or hazardous conditions. Under Nevada law, property owners have a duty to maintain safe conditions on their property, whether it is a residential, commercial, or public space. When they fail to do so, they can be held liable if their negligence leads to an injury.
Property owners in Mesquite are expected to ensure that their premises are free from hazards that could potentially harm visitors. This includes regularly inspecting the property, repairing any known dangers, and providing warnings about potential risks. If they fail in these duties and someone is injured as a result, the injured party may have grounds for a premises liability claim.
Common Types of Premises Liability Cases
Premises liability cases can arise in a variety of settings, from retail stores and restaurants to private homes and public spaces. Here are some of the most common types of premises liability cases that our Mesquite premises liability lawyers at Bertoldo Carter Smith & Cullen handle:
- Slip-and-Fall Accidents: Slip and fall accidents are among the most common premises liability cases. They often occur due to wet floors, uneven surfaces, poor lighting, or tripping hazards. Property owners are required to address such hazards promptly to prevent these types of accidents.
- Inadequate Security: If a property owner fails to provide adequate security measures, such as lighting, surveillance cameras, or security personnel, they may be held liable for crimes that occur on their property. This can include assault, robbery, or other violent incidents that could have been prevented with proper security.
- Dog Bites and Animal Attacks: Dog bites and animal attacks are also a type of premises liability claim. In Nevada, dog owners are held strictly liable if their pet injures someone on their property. This means that even if the dog has no history of aggression, the owner can still be held accountable for the injury.
- Swimming Pool Accidents: Property owners with swimming pools have a responsibility to ensure safety features are in place, such as gates, locks, and warning signs. Failure to do so can lead to drownings or other serious injuries, especially if children access the pool area without supervision.
- Falling Objects: Falling objects in stores, warehouses, or construction sites can cause serious injuries. Property owners must ensure that items are securely stored and that shelving units and other fixtures are stable.
- Exposure to Hazardous Conditions: Exposure to dangerous conditions such as toxic chemicals, asbestos, or poorly maintained structures can lead to long-term health problems. Property owners are required to eliminate or minimize exposure to these hazardous conditions to protect visitors and workers.
How to Prove Premises Liability
To successfully bring a premises liability claim, you must prove that the property owner was negligent and that their negligence caused your injury.
Here are the elements required to establish liability:
- Duty of Care: First, it must be shown that the property owner owed a duty of care to the injured party. In Nevada, the duty of care varies depending on the visitor’s status. Generally, property owners owe the highest duty of care to invitees, such as customers, and a lower duty to licensees, such as social guests. Trespassers, on the other hand, are usually not owed a duty of care, although there are exceptions for children.
- Breach of Duty: Next, you must demonstrate that the property owner breached their duty by failing to maintain safe conditions. This could include not fixing a broken staircase, neglecting to clean up spills, or failing to provide adequate lighting in a dark area.
- Causation: It must be established that the property owner’s breach of duty directly caused your injury. If you were injured on the property but the condition that caused the injury was not hazardous, the property owner may not be liable.
- Damages: Finally, you must show that you suffered actual damages due to the injury. This can include medical bills, lost wages, pain and suffering, and other financial losses. Without demonstrable damages, a premises liability claim may not be successful.
Proving these elements in a premises liability case can be challenging. This is where an experienced Mesquite premises liability lawyer from Bertoldo Carter Smith & Cullen can make a significant difference. We will gather evidence, consult experts, and build a compelling case to demonstrate the property owner’s negligence and the impact on your life.
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