Premises Liability Lawyer in Las Vegas

Nevada law requires property owners in Las Vegas to keep their premises reasonably safe for anyone lawfully on site, from hotel guests to casino patrons. If a dangerous condition caused your injury, Paul Padda Law, led by a former federal prosecutor, builds the evidence needed to hold negligent property owners accountable and recover full compensation.

Every day innocent people suffer because of someone else’s negligence.  If you find yourself in that situation, you don’t need to carry the burden alone.  Whether we’re out running errands or going to dinner, we constantly find ourselves on the property of others, putting our trust in other people to keep us safe.  However, there are daily occurrences where innocent victims are hurt while being the guest of someone else.  It’s easy for anyone to be uncertain about their options for recourse when they’re injured on the premises of another person or business.  However, at Paul Padda Law we’ve handled many cases of this kind with great success and can do the same for you. 

Fortunately, the law provides you with options to seek the compensation you deserve for any injuries experienced from a “slip and fall” or premises liability incident.  Premises liability law can be complex and is generally hard-fought by large companies who do not want to pay damages for injured guests.  For this reason, you’ll need a knowledgeable Las Vegas premises liability lawyer looking out for your interests after a serious injury.

As highly experienced Las Vegas personal injury lawyers, Paul Padda Law and its staff of professionals has been helping accident victims for decades recover what they need after suddenly being injured on other people’s property.  Our firm’s compassionate and skilled approach has allowed our clients to recover compensation even in the most hard-fought cases. Call us today at (702) 707-7000 or submit the details of your injury online to schedule a free, no-risk consultation.  We handle personal injury cases on a contingency basis, so there is never a cost to you until we win your case.

The Leader of Your Recovery Team

"Being a lawyer allows me to be a voice for the voiceless."

- Paul Padda, J.D.

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Separating Fact From Fiction

MYTH

1. Premises liability is just a fancier term for “Slip & Fall”
2. Property owners are always at fault in slip and fall cases.
3. Only property owners can be legally responsible in premises liability cases.
4. Premises liability cases are limited to commercial properties.
5. In premises liability cases, you can only be compensated for physical injuries.

FACT

1. Not necessarily. Premises liability can include negligent security, dog bits, and amusement park accidents.
2. Not always. For example, if the injured party was trespassing, the property owner is not considered at fault.
3. A negligent owner is often the one at fault. However, landlords, property managers and maintenance workers are among several others who could be held responsible, depending upon the circumstances surrounding an injury.
4. We often think of slip and fall cases taking place at areas like grocery stores. However, homeowners can also be liable in the event an invitee gets hurt.
5. Clients are sometimes awarded non-physical damages such as emotional distress and wage loss.

Duties You’re Owed When On Someone Else’s Property

Most of us take being on someone else’s property for granted. We do business at stores throughout Las Vegas, and there are countless places to seek entertainment all over Nevada.  It’s well understood that we must follow the law when we go to other places or else, we run the risk of having legal problems. However, what are the legal requirements when someone else hosts us on their property? Premises liability law establishes that these hosts must maintain their premises in a safe condition, and to properly warn us of any dangers that may be present. The parties who must be responsible include the following:

Owners – Owners have a responsibility for the reasonable upkeep of their property, and the safety of those visiting it. This applies even to cases where the owner is not present and has contracted the maintenance or use of the property to outside parties.

Operators – This most commonly refers to those renting the property from the owner, and then invites others to visit it. For example, restaurant operators who rent a property and run the daily business owe guests a duty of care in everything they do on the property.

According to the Center for Disease Control and Prevention (CDC) and the Bureau of Labor Statistics (BLS), over one million Americans suffer a slip, trip, or fall injury every year.

Nevada Premises Liability Law: What You Need to Know

Nevada premises liability law is built on one core principle: property owners and operators owe a general duty of reasonable care to anyone lawfully on their property. The Nevada Supreme Court made this clear in Foster v. Costco Wholesale Corp., 128 Nev. 772 (2012), when it rejected the old “open and obvious” defense that insurance companies rely on to deny claims. Before Foster, a property owner could argue that because a hazard was visible, they had no duty to fix it or warn you about it. That defense does not work in Nevada. Under Foster, whether a hazard was obvious is a factor a jury weighs when assigning fault, it is not a free pass that lets a negligent property owner walk away from a claim.

Nevada also follows a modified comparative negligence rule under NRS 41.141. If you are found partially at fault for your own injury, you can still recover compensation as long as your share of the fault is 50% or less. Your recovery is reduced by your percentage of fault. If you are found 51% or more at fault, Nevada law bars recovery entirely. This is exactly why an insurance adjuster will try to pin as much blame on you as possible after a fall. Our firm’s founder(Paul Padda) spent years as a federal prosecutor building airtight cases, and we use that same discipline to protect your percentage of fault and your right to recover.

Nevada gives injury victims a limited window to act. Under NRS 11.190(4)(e), you generally have two years from the date of your injury to file a premises liability lawsuit. If your claim involves a government-owned property, a shorter notice-of-claim deadline may also apply under NRS 41.036, so speaking with a lawyer immediately protects your rights no matter who owns the property where you were hurt.

If you were on someone else’s property as a trespasser, Nevada law treats your claim differently. Under NRS 41.515, a property owner generally owes no duty of care to a trespasser, with three narrow exceptions: willful or wanton conduct that harms you, a failure to exercise reasonable care once the owner discovers you are in danger, and injuries to a child caused by an artificial condition the owner should have known would attract children. A Las Vegas premises liability lawyer can evaluate whether one of these exceptions applies to your situation.

Client Story

Meet April

After a devastating rear-end collision, April’s world turned upside down. Medical bills piled relentlessly.

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Examples Of Premises Liability Situations That Are Common In Nevada

When you’re injured and seeking compensation, your premises liability lawyer must identify the negligent party. Sometimes there is only one negligent person or company in an injury case.  However, often there are multiple careless parties.  When this is the case, it’s important to have a lawyer that understands which parties should be held responsible. 

An owner or operator is not required to do everything that is necessary to remove all risks to their guests. Rather, they must take every reasonable step to protect guests from unnecessary dangers. The law does not get any more specific than this since every situation is different and unique.  As a premises liability lawyer who has helped many victims, Paul Padda understands that each case is unique, and the details of your injury must be closely investigated.

Of the many premises liability cases that our firm has worked on over the years, many of them can be placed in the following categories:

hHotel Accident – Large hotel buildings and private accommodations must be maintained for people to safely walk through and carry large items of luggage. People are often injured on poorly kept stairs or in defective restrooms.

Casino Accident – Gambling floors offer many distractions and can be littered with many physical objects. Trip and falls are common ways people get hurt in casinos.

Restaurant Accident – Busy restaurants can become dangerous for patrons who are often near the wait staff. Operators of these places must constantly be on the lookout for dangers to guests.

Negligent Security – Security needs for stores or entertainment venues can vary due to factors such as crowd size and time of day. Places that are understaffed with security personnel are often easy targets for those seeking to do harm or commit crimes.

Slip and Fall Accident – Whether you are in a small shop or at a large event, cluttered or slick walkways can cause devastating injuries.

Swimming Pool Accident – There are unfortunately many ways to be injured in a pool. Those who own a pool must keep them in good operating condition, label hazards, and take steps to prevent small children from wandering in unattended.

Grocery Stores – Slip and falls are very common in grocery stores, especially in the produce sections where items can fall on the floor creating real hazard for unsuspecting shoppers. 

While many of these cases involve injuries sustained at public places, this is not always the case.  Your premises liability claim may involve a neighbor who invites you onto their property which turned out to be very dangerous and caused you harmed.  Furthermore, your invitation may have been in person with the owner or operator, or you may have been told that you could enter when they were not there.  Either way, people still owe you a duty of reasonable care when you’re on their property, and this applies equally to private residences that are not being used as a business.

Common Injuries Associated With A Premises Liability Accident

Premises liability means that those hosting you on their property must keep you from reasonable harm. Unfortunately, there are countless dangers that an owner or operator can be responsible for, including falling objects, improperly installed carpet, or even dangerous animals. Paul Padda Law has worked closely with accident victims in all manner of premises liability cases, involving:

• traumatic brain injury
• Neck and back injuries
• Torn ligaments and muscle strains or sprains
• Broken, dislocated, and fractured bones
• Serious cuts and lacerations
• Animal Bites
• Drowning or chlorine burns
• Electrocution
• Burns
• Infections or foodborne illnesses

How To Prove Your Premises Liability Case

Obtaining damages in a premises liability case is in many ways similar to any other negligence case where a person has sustained an injury. It must be shown that the negligent and careless party failed to uphold a duty of due care that they owed to you.  Your lawyer will have to demonstrate the following after you’ve suffered a personal injury on private property:

1. You were on a premises owned by someone else.
2. There was a dangerous condition present on the property.
3. The dangerous condition is what caused your injuries, and your damages can be clearly shown. Personal injury damages can be shown by demonstrating medical bills, lost wages, emotional distress, etc.
4. The owner or operator failed to take reasonable steps to either fix the dangerous condition or to properly warn you about it

A careful and skilled premises liability lawyer knows that evidence must be collected showing how the owner or operator of the property failed to take care of the dangers present.  This will involve collecting photos of the property, taking our own photos, interviewing witnesses, and reviewing maintenance reports.  Paul Padda Law meticulously builds strong cases for every client, and for this reason, we are known to recover damages that others often leave behind.

Premises Liability Recourse Is Available For Licensees And Even Trespassers

If you are on another property as an invited guest, the host must do more than warn you about dangerous conditions.  The owner or operator must consistently inspect and fix hazards, or at least provide ample warning of these hazards to guests.

If you’re a licensee who takes possession of someone else’s property, they do not owe you the duty of continued inspection and removing dangers as they appear.  However, the owner must warn you about dangers that they are familiar with, or else they have violated their duty of care that they owe to you.

Many people think that trespassers are without recourse if they’re  injured on someone else’s property.  As a general rule, this is true because the owner or operator of a property does not have to warn potential trespassers of danger, nor are they required to fix dangerous conditions for the benefit of trespassers.  However, there is an exception to this rule.  A property owner cannot make the property more dangerous or appealing to trespassers.  While this rule may seem vague, it’s meant to keep property owners from creating extremely dangerous conditions for those who are not “flagrant trespassers” intending to engage in particularly malicious acts.  For example, a child may be lured to an unguarded pool that happens to be particularly dangerous.  If the child is harmed, he or she may bring a claim for damages. 

Steps To Take After Being Hurt On Someone Else’s Property

Every injury is different, and no two situations are the same. You must seek medical help as soon as possible if you or a loved one are hurt. Some injuries are clearly severe from the beginning but others get worse over time or take days or weeks to show up.  You could sustain a brain or spinal cord injury and not even know it until much later. 

Steps you should take if you’re hurt on another person’s property include:

• Take time to gather yourself.  Often, when a person is injured in a public setting (such as a casino or grocery store) the person wants to immediately remove themselves from the area because of embarrassment.  Falling, or being injured, due to someone else’s negligence is nothing to feel embarrassed about.  It’s important to gather yourself and avoid any sudden movements which could make your injuries worse. 
• Call for professional medical help – A genuine injury cannot properly be addressed without medical professionals. Even if you have to wait until you leave the property, do not let anyone talk you out of consulting with a doctor about your injury.
• Contact a premises liability lawyer – Every case is unique, and the details can be complex. An experienced lawyer can help you get better while also determining what parties may owe you compensation for your injury.  Call Paul Padda Law today at (702) 366-1888.
• Keep a copy of any official reports – Ask for a copy of any police report, or any report that may have been filed by the staff of the owner or operator of the property.  If you’ve slipped and fell in a commercial establishment, insist on filing an “incident report.”
• Take photos – Take photos of your injuries as soon as possible, and try to take photos of the dangers on the property if any are relevant to your case.
• Keep up with your medical treatments – If you don’t follow up with your doctor and keep medical appointments, it may seem as though your injuries are not severe.  Inquire about how your injury or ailment will affect all parts of your life moving forward.

Frequently Asked Questions About Nevada Premises Liability Claims

What is premises liability in Nevada?

Premises liability is the legal responsibility a property owner or operator has to keep their property reasonably safe for people lawfully present. In Las Vegas, this covers hotels, casinos, restaurants, pools, parking garages, and private residences. If a dangerous condition causes your injury, the property owner may be liable for your damages.

Can I still recover compensation if I was partly at fault for my fall?

Yes. Nevada follows a modified comparative negligence rule under NRS 41.141. As long as you are found 50% or less at fault, you can still recover compensation, though your award is reduced by your percentage of fault. If you are found 51% or more at fault, recovery is barred.

How long do I have to file a premises liability claim in Nevada?

Nevada law gives you two years from the date of your injury to file a premises liability lawsuit under NRS 11.190(4)(e). Claims against a government property owner may carry additional notice requirements, so it is important to speak with a lawyer as soon as possible.

Does it matter if the hazard that hurt me was “obvious”?

Not the way an insurance company wants you to believe. In Foster v. Costco Wholesale Corp., the Nevada Supreme Court held that an obvious hazard does not eliminate a property owner’s duty of reasonable care. Obviousness may be considered when a jury weighs fault, but it is not an automatic defense.

What if I was injured while trespassing on someone else’s property?

Nevada law generally does not require a property owner to protect a trespasser under NRS 41.515. There are three exceptions: willful or wanton conduct, a failure to act once the owner discovers you are in danger, and injuries to a child caused by an artificial hazard likely to attract children. A lawyer can review whether one of these exceptions applies to your case.

What kinds of Las Vegas properties lead to the most premises liability claims?

Because Las Vegas is one of the most visited destinations in the country, casinos, hotels, resorts, and nightlife venues along the Strip and downtown generate a high volume of slip and fall, negligent security, and pool-related injury claims. High foot traffic and around-the-clock operations increase the chance that a hazard goes unaddressed long enough to hurt someone.

Paul Padda Law Can Help If You’ve Been Hurt On Someone Else’s Property

Being hurt when you’re visiting somewhere can be very stressful, even if you are somewhere you know quite well.  You need to make sure you get the medical attention you need.  However, your legal options for recourse might be unclear. People get injured every day on premises owned by others, and there are recognized legal avenues for recovering damages.

The owners and operators of small businesses, large casinos, and busy restaurants owe us all a duty of due care.  They must take reasonable steps to remove hazards and warn us of dangers.  If you or a loved one have been hurt on someone else’s property, call an experienced Las Vegas premises liability lawyer as soon as possible.

Paul Padda Law can help you recover damages for medical bills, lost wages, and pain and suffering.  We’ve helped many injury victims in Nevada, and our firm’s attention to detail has earned it well deserved recognition as one of the best injury law firms in the Las Vegas area.  For example, when a successful businessman was beaten by nightclub security, Paul Padda Law litigated the case and helped secure one of the largest verdicts in Nevada history – $160 million. 

To speak with a compassionate and skilled premises liability lawyer, contact Paul Padda Law today.  Call our office at (702) 707-7000 or via our online form. We offer free initial case evaluations and won’t charge you for our services unless we win your case.