If you’ve been injured in a premises liability accident, call our experienced premises liability accident attorneys today.
You probably have lots of questions after a dangerous condition at a Las Vegas property harms you or someone you love. Does a casino owe you money for failing to provide adequate security at an event where you got mugged? Should a restaurant owner have warned you before you slipped and fell on a wet floor? Was your neighbor required to lock the gate to his backyard pool so that your child wouldn’t get hurt diving into it at night?
The experienced Las Vegas premises liability lawyers at Edward Bernstein and Associates can answer your questions and help you begin exploring your rights to compensation. Contact us today for a free consultation.
Las Vegas Premises Liability Guide
- What is premises liability?
- Elements of Proof in a Premises Liability Claim
- Potential Compensation for a Las Vegas Premises Liability Injury
- Let Us Fight Insurance Companies for You
- What Is the Statute of Limitations on a Las Vegas Premises Liability Case?
- How to File a Las Vegas Premises Liability Claim
- Las Vegas Premises Liability FAQ
- Contact an Experienced Las Vegas Premises Liability Lawyer Today
An Accessible Team of Las Vegas Premises Liability Lawyers
At Edward Bernstein and Associates, our Las Vegas injury attorneys understand the devastation and stress a premises liability injury can bring into your life. We have represented people injured because of unreasonably dangerous property hazards for decades. Our aim is to make the process of securing compensation for injuries as streamlined and effortless for our clients as possible.
Connect With Us 24/7
Connecting with Edward Bernstein and Associates does not require jumping through hoops. Every initial consultation with us is free of charge. You can contact our team 24/7 via online chat, call our office to speak with a knowledgeable legal professional immediately, or meet face-to-face with us in person or via video. You’ll never owe us a penny for your initial conversation with our team, even if you decide not to hire us to handle your Las Vegas premises liability claim.
We Fight for the Compensation Our Clients Deserve
At Edward Bernstein and Associates, we fight to maximize the compensation our clients receive for their premises liability injuries. Through lawsuits, insurance claims, and determined advocacy, we strive to hold at-fault parties and insurance companies financially accountable for the harm their actions caused. Our team has the resources, skill, and experience to win even the toughest Las Vegas premises liability cases.
Enough Said. Call Ed to find out what we can do for you.
What is premises liability?
Premises liability is the term lawyers use to describe cases in which an unreasonably dangerous property condition causes someone’s injury. Under Nevada law, you generally have the right to claim compensation for harm you suffer at a property you do not own (public or private) because of a hazard the property’s owner or occupant reasonably should have prevented or warned you about.
The Edward Bernstein and Associates team has successfully represented numerous individuals in premises liability cases. We encourage you to contact us for a free consultation anytime you or someone you love has suffered harm because of a dangerous property condition in Las Vegas. Here are some examples of common premises liability claims we can handle.
Preventable Falls (a.k.a. Slip and Fall Accidents)
Falls constitute a leading cause of premises liability injuries. They can happen anywhere you go in Las Vegas.
You may have a claim for compensation if you fell because of, for example:
- Wet, oily, or slick floors
- Cracked pavement
- Frayed or buckled carpeting
- Uneven or poorly lighted stairs
- Cords or wires in a walkway
- Loose or broken handrails
Property owners and occupants in Las Vegas have a duty to fix fall hazards or, at a minimum, to warn you or keep you away from them. The Edward Bernstein and Associates team knows how to identify unreasonably dangerous conditions and to hold property owners and occupants accountable for not keeping you safe.
Swimming Pool Accidents
You can find swimming pools all over Las Vegas—around hotels and resorts, in backyards, and at public parks and community centers. They’re a great source of respite and recreation for tourists and Las Vegans alike. But they can also pose severe dangers when not monitored and maintained properly.
Common Las Vegas swimming pool accidents leading to premises liability claims include:
- Falls on slippery pool decks;
- Dives into shallow water because of a lack of signage;
- Tragic drownings or near-drownings in unmonitored pools;
- Illness or poisoning from contaminated pool water;
- Missing or inadequate rescue equipment.
At Edward Bernstein and Associates, we fight to make sure pool owners and managers face liability when their failure to monitor or maintain a pool results in injuries or tragic deaths. Contact us to find out how we can help after a Las Vegas pool accident.
Negligent Security
Property owners and occupants in Las Vegas must take reasonable steps to keep you reasonably safe from crime and other security-related hazards on their premises.
These measures might include:
- Hiring security guards;
- Installing security cameras;
- Keeping emergency exits clear and well-marked;
- Maintaining adequate lighting and working room locks;
- Reporting suspicious activity to authorities.
If you suffered harm in a mugging, shooting, assault, robbery, overcrowding, or similar incident at a Las Vegas property, you may have a claim for compensation based on a lack of adequate security that could have kept you safe. Contact the team at Edward Bernstein and Associates to discuss whether the property owner or occupant—in addition to any criminal perpetrator—owes you damages.
Dog Attacks
Dog bite injury claims involve premises liability laws because pets are classified as property in Nevada. A dog owner has a responsibility to prevent foreseeable dog attacks. If a pet owner ignores potential signs of a dog attack, such as previous aggressive behaviors from the dog, or fails to obey Las Vegas’s leash laws, the owner could be held liable for a related bite incident.
A property owner or controller could also be held liable separately from the pet owner for failing to maintain a safe premises for visitors. A landlord in Las Vegas, for example, may be responsible for a dangerous dog that a tenant was permitted to harbor on a rental property. Landlords and property owners have a legal obligation to ensure the safety of their premises, including a visitor’s safety from a foreseeable dog attack.
Nevada has a one-bite rule for dog bite cases, where pet owners can only be held responsible if they knew their dogs might bite. However, it is also possible to establish a case against a dog owner in Las Vegas for negligence or the failure to act with proper care. Our lawyers at Edward Bernstein and Associates can help you take all of the right steps after a harmful dog attack to recover and hold someone responsible.
Elements of Proof in a Premises Liability Claim
A premises liability case in Nevada must be proven by the plaintiff or filing party. There are specific legal elements that must be established to hold a property owner responsible for the injury or death. In general, it must be shown that the owner was negligent in properly maintaining the premises and that this caused the accident.
The key elements of a premises liability claim are:
- The property owner had a duty of care, meaning a legal obligation to keep the premises free from injury risks. Specific duties of care vary based on the status of the visitor: invitee, licensee, or trespasser. An invitee is owed the highest duty of care, a licensee a slightly lesser duty of care, and a trespasser no duty of care.
- The property owner breached the duty of care, such as by failing to inspect a property for potential hazards, ignoring a known or discovered defect, or inadequately warning property visitors about a known (nonobvious) potential injury risk.
- The property owner’s breach of duty caused the injury in question. The victim’s injury most likely would not have occurred had the dangerous condition been remedied or if the injury was a foreseeable outcome of the property defect.
- The victim suffered damages because of the property-related incident. Actual harm or losses must be proven in connection with the accident, such as evidence of physical injuries, medical costs, lost wages, and pain and suffering.
The burden of proof that must be met during a premises liability lawsuit is a “preponderance of the evidence,” which means true with a certainty of at least 51 percent. As the injured victim, you must provide evidence to support the claim you are making. An attorney from Edward Bernstein and Associates can help you prove your case with evidence that can include testimony from a highly qualified expert, if necessary.
Potential Compensation for a Las Vegas Premises Liability Injury
Under Nevada law, you generally have the right to recover full compensation for the harm you suffered in a Las Vegas premises liability accident.
The types and amounts of compensation you can claim will usually depend on:
- The severity of your injury and its impact on your life
- The strength of the claim a lawyer can present on your behalf
- The at-fault party’s insurance coverage and financial resources
At Edward Bernstein and Associates, we strive to get you the most money possible for your injuries and losses. Every claim we handle differs, but the categories of compensation we can secure typically include the following.
Medical and Non-Medical Expenses
Premises liability accidents can cause severe injury, including:
- Brain injuries
- Spinal cord trauma
- Broken bones, including broken hips, arms, and wrists
- Orthopedic injuries
- Back and neck injuries
- Lacerations and abrasions
- Internal injuries
- Nerve damage
- Burns
You generally have the right to claim compensation for the entire financial (or economic) impact of these and other premises liability injuries.
This typically includes payment for:
- Medical, surgical, and rehabilitative care
- Medical equipment
- Medications
- Medical transportation
- In-home care, childcare, and transportation services
- Home modifications
- Repair or replacement of damaged property
At Edward Bernstein and Associates, we carefully review the costs our clients have incurred—and that they will incur in the future—to ensure that we seek enough money to pay for everything they need while healing from and living with their injury.
Diminished Income
Premises liability accident injuries frequently keep you out of work while you heal. They may also prevent you from working long-term or from continuing to work in your chosen occupation.
Nevada law entitles you to claim compensation for every dollar of:
- Income you lost from missing work
- Paid time off you used
- Benefits you did not receive
- Income and benefits you will not receive in the future
Edward Bernstein and Associates, with the assistance of financial experts when appropriate, diligently calculates the maximum loss of income—past and future —our clients have suffered. You shouldn’t have to lose a penny of income due to a Las Vegas property owner or occupant failing to keep you safe.
Non-Financial Harms (a.k.a. Pain and Suffering)
Some of the most challenging setbacks you sustain in a Las Vegas premises liability accident have nothing to do with spending or losing money. Instead, they consist of the pain, suffering, and life difficulties you now face because of your injuries.
Our team routinely secures compensation for our clients:
- Physical discomfort and chronic pain
- Emotional and mental health challenges
- Inconvenience and loss of quality of life
- Disruption of personal relationships
- Struggles due to scarring, disfigurement, or disability
No matter what type of injury you suffered at a Las Vegas property, we encourage you to contact us at Edward Bernstein and Associates to learn about the potential types and ranges of compensation we might be able to pursue on your behalf.
Let Us Fight Insurance Companies for You
Insurance tends to play a large role in any Las Vegas premises liability case. You may carry health or disability insurance that pays some of your medical expenses. The property owner or occupant may carry liability insurance that covers your damages. And other insurance coverages—such as workers’ compensation—could provide compensation, too.
The last thing you need while healing from a premises liability injury, however, is the hassle and frustration of dealing with insurance claims. And you don’t have to. An experienced premises liability attorney can take over all communications with insurance companies on your behalf, relieving you of the worry and stress of talking to insurance investigators and claims adjusters who seem to want to undermine your rights at every opportunity.
At Edward Bernstein and Associates, we understand the importance of putting maximum compensation in your hands as soon as possible. We have the resources, skill, and patience to fight with insurance companies and make them pay what they owe.
What Is the Statute of Limitations on a Las Vegas Premises Liability Case?
It is important to recognize the impact that a law known as the statute of limitations may have on your premises liability case in Las Vegas. According to Nevada Revised Statute 11.190, anyone who needs to file a personal injury lawsuit with the civil courts must initiate their legal action within no more than two years of the accident or of reasonable injury discovery.
If you wait too long and miss your filing deadline, the courts will most likely time-bar you, meaning block you from filing a claim due to the expired statute of limitations. Note that you may have less time to file – just 180 days – if you are bringing a claim against a government entity in Clark County for an accident on public property, such as a slip and fall on the Strip.
How to File a Las Vegas Premises Liability Claim
If you suffer a serious injury due to a property hazard in Las Vegas, try to remain calm. There are steps you should take to help ensure your safety and protect your legal rights. If you can, take the following actions to get the medical care you need and start building your premises liability case:
- Stay where you are. Don’t move right away or jump to your feet immediately if it was a slip and fall accident. You may have a back injury that could get exacerbated.
- Call for help. In an emergency, call 911. Otherwise, go to the nearest hospital or emergency room for a medical checkup without delay.
- Report the accident. Tell the property owner, supervisor, or manager about your accident. Ask for a copy of the incident report.
- Do not admit fault. When speaking to the property owner, the police, or an insurance provider, don’t admit fault or apologize for the accident, as this could hurt your odds of financial recovery.
- Document the scene. Before you leave, take photos of the property defect or hazard that led to your injury, as well as the injury itself.
- Speak to witnesses. If anyone witnessed the accident, write down their information. Look for surveillance cameras in the area as well.
- Preserve evidence. If you were involved in a slip and fall, keep the clothes and shoes you were wearing. Save all records related to the accident, including medical records, bills, and receipts.
- File an insurance claim. Contact the landowner’s property insurance provider to file an injury claim. Provide all of the requested information, but don’t give them a recorded statement.
- Consult with an attorney. Contact an experienced attorney to ensure you receive fair compensation from an insurance company for your premises liability claim.
- Follow your lawyer’s plan. An attorney will guide you through the steps of negotiating a settlement with an insurance provider or filing a lawsuit with the Clark County courts, if necessary.
Always put your health and well-being first. Don’t wait to see a doctor, even if you initially think you’re fine. You may have injuries with hidden or delayed symptoms. Follow your doctor’s treatment orders as you take the required steps toward seeking justice.
Las Vegas Premises Liability FAQ
Victims of premises liability injuries in Las Vegas often ask us the questions below. But if you don’t find answers to your questions here, you can always contact us for a free consultation with a knowledgeable legal professional.
Can I seek compensation for injuries I suffered at someone’s home?
Generally speaking, yes, so long as you were at that person’s home legally (i.e., you weren’t trespassing). Private property owners largely owe the same obligation as any other property owners to protect you from unreasonably dangerous conditions at their homes.
At Edward Bernstein and Associates, we understand that the notion of suing a neighbor or friend for injuries you suffered at their home may seem unpleasant. But often, that person will carry homeowner’s or renter’s insurance that covers you against just this sort of situation. In our experience, it’s rare (though not impossible) for premises liability claims against private homeowners to end up in a court or to ruin a close relationship between the property owner and injured victim.
Who owes me damages for injuries I suffered when I fell on the sidewalk outside a business?
It can depend on who owns the property and has responsibility for maintaining it. In Las Vegas, the owner of the business bordering the sidewalk may have liability for your injuries, or responsibility may fall to a city agency or third party. At Edward Bernstein and Associates, we’re used to having to research the particulars of property ownership and maintenance responsibility to identify the party (or parties) who may owe you damages for your injuries. Contact us today to learn more.
Does the property owner automatically have to pay my medical bills?
The property owner may have a legal obligation to pay for your medical expenses, but getting them to do so is rarely automatic. It’s usually the case that you need an experienced Las Vegas premises liability lawyer on your side to ensure that the property owner (and the owner’s insurance) pays for your care.
In the meantime, the duty to pay for medical treatment falls to you and your own insurance (if you have it). That can mean you will soon receive large medical bills you cannot afford to pay. But don’t panic. A skilled attorney can often negotiate with medical providers to defer your payments until you have recovered compensation from the property owner.
At Edward Bernstein and Associates, we understand the financial strain you might face due to your medical expenses. Talk to us for free today about strategies for managing them.
Contact an Experienced Las Vegas Premises Liability Lawyer Today
If you or someone you love suffered injuries at a commercial, residential, or public property in Las Vegas, you may have rights to significant financial compensation. But don’t wait to get the legal help you need. Under Nevada law, you may have at most two years, or even just a few months, to take legal action before your rights begin to expire.
Our personal injury lawyers at Edward Bernstein and Associates have years of experience fighting and winning Las Vegas premises liability cases. Contact us today online or call (702) 508-7334 for a free consultation with a knowledgeable legal professional who can help you explore your rights.