Experienced Nevada Slip & Fall Lawyers Ready To Help
A premises liability lawyer can help you pursue fair compensation if you suffered injury on an unsafe property. Burg Simpson Law Firm has extensive experience representing clients who have been seriously injured in slip-and-fall accidents and other incidents covered by premises liability.
Negligence on the part of a property owner can create a wide range of hazards. If you were injured through no fault of your own, a premises liability attorney can help you hold the owner and any other parties accountable.
Call Burg Simpson at 702-668-2070 today for a FREE and confidential case evaluation. Our premises liability lawyer serves clients in and around Las Vegas and other areas of Nevada.
What Is the Premises Liability Law in Nevada?
Premises liability is the area of law concerned with the duty of care owed to lawful visitors by those who own or otherwise control property. In Nevada, many of the provisions of personal injury law encompass premises liability claims.
Key elements of Nevada’s premises liability law include:
- You were on the property lawfully, whether as an invited guest of the owner or as a member of the public during operational hours.
- The owner had an obligation to take reasonable steps to ensure your safety.
- Evidence shows that the defendant(s) failed to exercise reasonable care, constituting negligence.
- This negligence caused you injury.
- You incurred compensable damages as a result of your injuries.
It is important to note that what constitutes reasonable conduct toward a visitor depends on their legal status. Trespassers, for example, are not entitled to the same legal protection as those who enter premises with the express or implied consent of the owner, lessee, or other occupant.
Furthermore, the compensation owed to the plaintiff may be reduced if it is shown that the plaintiff is partially at fault for their injuries. This is known as comparative negligence. Recovery is barred entirely if the plaintiff’s share of fault exceeds that of the defendant(s).
Premises Liability Claims We Handle
As a nationwide personal injury law firm, Burg Simpson has unparalleled experience with claims involving premises liability. Our lawyers have an in-depth knowledge of the legal landscape in the communities we serve. This combination of local presence and national strength enables us to provide superior legal representation for those who have injured on unsafe properties.
If you have been injured as a result of any of the following, a premises liability lawyer at our firm can help you pursue compensation:
- Slip-and-Fall & Trip-and-Fall Accidents
- Dog Bites
- Swimming Pool Injuries
- Negligent Security
- Carbon Monoxide Poisoning
- Inadequate Maintenance of the Premises
- Sexual Assault & Abuse
- Elevator & Escalator Accidents
- Poor Paving of Sidewalks & Parking Lots
- Daycare Negligence
- Water Park & Theme Park Accidents
- Fires & Explosions
Las Vegas is home to world-class hotels, casinos, restaurants, and other attractions. Unfortunately, the owners and operators of these properties do not always prioritize the safety of visitors.
Burg Simpson Law Firm understands the unique challenges of taking legal action against these establishments. Whether you are a local or a tourist, a premises liability lawyer at our firm can prepare a strong claim on your behalf and fight for the outcome you deserve.
What Is the Statute of Limitations on Premises Liability in Nevada?
In Nevada, the statute of limitations for premises liability claims is 2 years. You have a limited time to pursue legal action if you were injured or someone you love was killed on dangerous premises.
Premises liability claims take time to prepare. Your injuries may need time to stabilize before the full impact on your life becomes apparent. It may be possible to negotiate a fair settlement without filing a lawsuit, but these negotiations can be time-consuming.
Do not lose your opportunity to recover compensation for your losses. Seek legal counsel as soon as possible to protect your rights and ensure there is enough time for you and your premises liability attorney to resolve your case.
What If a Child Is Injured on a Dangerous Property?
The statute of limitations in Nevada works differently if the injured victim is a minor (i.e., an individual under the age of 18). Children cannot commence legal action on their own. Although a parent or guardian can make a premises liability claim before the child turns 18, children themselves have up to two years after their 18th birthday to bring an action for injuries they sustain on dangerous premises (see Nevada Revised Statutes 11.250).
No period of limitation is imposed if a minor is the victim of sexual abuse or exploitation (see Nevada Revised Statutes 11.215). Legal claims involving sexual exploitation or abuse of a child do not always intersect with issues of premises liability; but, if the negligence of a property owner was a factor in the minor’s victimization, legal action can be brought at any time.
What Are the Most Common Injuries on Dangerous Premises?
Each year more than 8 million people go to the emergency room for injuries sustained in falls. Slips, trips, and falls are perhaps the most common cause of property-related injuries, but they are by no means the only harm that can befall someone on dangerous premises.
A premises liability lawyer can help if you or a loved one suffered any of the following injuries on someone else’s property:
- Traumatic brain injuries
- Facial and dental injuries
- Head and neck injuries
- Back injuries
- Soft tissue damage
- Bone fractures
- Amputation injuries
- Drownings and near-drownings
- Burn injuries
- Internal bleeding and organ damage
Some accidents on a property are relatively minor, resulting in bumps and bruises. Others, however, can lead to serious and catastrophic injuries. At Burg Simpson, our primary focus is representing seriously injured individuals and holding negligent defendants accountable.
What Compensation Can I Get in a Premises Liability Claim?
A premises liability lawyer will thoroughly review your case to determine the compensation you are due. Key considerations when calculating the value of your claim include the nature and severity of your injuries, your current and future financial losses, and more.
Potential compensation in a premises liability claim may include:
- Medical expenses
- Lost wages
- Home healthcare, modifications, and services
- Loss of earning capacity
- Out-of-pocket expenses
- Pain and suffering
- Emotional anguish
- Permanent disability
- Scarring and disfigurement
- Loss of enjoyment of life
You may also be entitled to additional damages if it can be shown that the property owner engaged in “oppression, fraud or malice, express or implied” (see Nevada Revised Statutes 42.005). These are known as exemplary or punitive damages, and they are awarded to plaintiffs as a means of punishing defendants for extreme misconduct and wrongdoing.
What If I Am Blamed for the Accident?
Property owners and insurance companies alike often try to blame visitors for accidents on the premises that lead to injury. They may try to argue that you were clumsy or distracted, or even that you were trespassing.
If you are being blamed, you should consult a premises liability attorney promptly. Allegations of fault on the part of the plaintiff will likely result in a lower settlement offer—if not outright denial of your claim. Our lawyers can negotiate on your behalf, as well as investigate and collect evidence to counter defense arguments that you are at fault.
What to Do After an Accident on Someone’s Property
Thinking clearly is difficult after a fall or other accident. What you do next, however, can play a major role in the viability of your premises liability claim.
Our premises liability lawyers recommend following these steps to ensure your safety and to preserve your legal rights:
1. Seek Medical Attention
Getting medical care for your injuries may involve one of the following:
- If you are seriously hurt, call 911 and wait for the paramedics to arrive. You may need to be transported to the hospital.
- See a doctor or go to the emergency room if you are able to move on your own safely. Ideally, you will be able to take the additional steps below before leaving the property.
2. Collect Any Evidence
Take pictures or video of any dangerous conditions on the premises. If anyone saw the accident, get their contact information and ask what they saw.
3. Report the Accident
At the very least, you should notify the owner or occupant verbally that you were hurt on their property. If there is a form to report the accident, you should fill it out and request a copy for your records.
4. Keep Up with Your Medical Care
It is important to attend all appointments with your doctor and any other providers involved in your medical treatment. This is crucial not only for recovering from your injuries, but for the success of your premises liability claim. Strong medical evidence is generally required, and insurers could seize upon any gaps in care to argue that your injuries are not serious.
5. Maintain Detailed Records
Staying organized is key for any premises liability claim. Documentation that can help support your case includes:
- Medical bills
- Communications with your employer
- Receipts for medical appointments, supplies, and any other costs you pay out of pocket
- A copy of the accident report, police report, and any other official documentation
- Medical records
- A journal or diary of your life after the accident, including your symptoms, physical and emotional limitations, etc.
6. Talk to a Lawyer ASAP
Once you have started receiving medical care, you should consult a premises liability attorney. Valuable evidence may be lost, and the defense is already preparing to counter your claim. You need to gain a full understanding of your legal rights and options as soon as possible.
Where Do Premises Liability Accidents Occur?
Any property you access lawfully should be reasonably safe. Unfortunately, the negligence of property owners, lessees, and occupants can create dangerous conditions that may lead to serious injury.
Burg Simpson serves those who have been injured in and around Las Vegas in any of the following locations:
- Homes and private residences
- Apartment buildings and condominiums
- Rental properties
- Hotels and motels
- Restaurants, bars, and nightclubs
- Grocery and retail stores, shopping malls, etc.
- Entertainment and sporting venues
- Parking lots and parking structures
- Sidewalks and walking paths
- And more
Individuals, businesses, and even local and state government agencies may be held liable for injuries sustained on the premises they control. A premises liability lawyer will investigate promptly to collect important evidence, determine what created the hazard that caused your injuries, and identify who is at fault.
Do I Need a Premises Liability Lawyer?
Having an attorney on your side tends to result in a better outcome. Premises liability claims are no exception.
If you have been injured through no fault of your own on someone else’s property, there are many reasons you need a premises liability lawyer to handle your case:
- Investigating conditions on the property that led to the accident
- Determining the applicable standard of care owed to you
- Establishing how the defendant(s) breached this standard
- Gathering evidence to support your claim
- Interviewing witnesses
- Consulting with experts; this may include doctors and medical professionals, specialists in building safety, etc.
- Understanding your injuries, including the short-term and long-term effects
- Evaluating the damages you are due
These are all key aspects of preparing your case. Although you may be able to handle some of the steps on your own, a premises liability lawyer has the knowledge, experience, and resources to act on your behalf so you can focus on your recovery.
Another reason to hire a lawyer if you are injured on premises owned or operated by someone else is to have a qualified professional who can advocate for you. Insurance companies have a decisive advantage over claimants, but seeking legal representation can help level the playing field.
Most premises liability claims are settled without going to court. If a settlement cannot be reached, however, your attorney can file a lawsuit on your behalf, prepare your case for trial, and represent you in the courtroom as needed.
Contact a Las Vegas Premises Liability Lawyer Today
Burg Simpson is recognized as one of the leading trial law firms in the country. Unlike many firms that tend to focus on reaching quick settlements, our attorneys are committed to taking cases to trial—and winning—if it means obtaining the compensation our clients deserve.
With 65+ attorneys in six different states, we are equipped to serve clients nationwide in premises liability claims and other personal injury matters. Burg Simpson Law Firm is based in Las Vegas and represents clients throughout the state.
For a FREE and confidential case evaluation with a premises liability lawyer, call Burg Simpson at 702-668-2070 today. You pay nothing unless our firm obtains a settlement or trial award on your behalf.