Gladiator Injury Law: Premises Liability

Numerous establishments carry premises liability insurance to cover injuries sustained on their property. After your accident, the insurance company may reach out with a settlement offer. However, it is crucial to consult an experienced attorney before accepting, as the offer may not adequately compensate for your expenses and losses following a serious accident. An attorney can help you determine the rightful amount of compensation for your injuries and assist you in negotiating with the insurance company.

What types of accidents involve premises liability? Premises liability can be associated with various accidents, including:

  • Slip and fall accidents: Common claims arising from injuries due to hazardous property features such as wet floors, damaged flooring, poorly maintained staircases, inadequate lighting, cracks, potholes, and obstacles.
  • Swimming pool accidents: Incidents like drownings, diving mishaps, and injuries caused by pool drains or filtering systems.
  • Negligent security: Property owners have a duty to protect visitors from violent crimes, especially in places like hotels and apartment complexes, with measures like proper locks, surveillance, security guards, and patrols.
  • Escalators/elevators: Risks associated with moving parts and elevation, which require proper maintenance and mitigation by property owners.
  • Dog bites: Owners may be held responsible for dog bites if they were aware of their dog’s viciousness and did not take reasonable precautions.

What are common defenses to premises liability claims? Typical defenses used to avoid liability in premises liability claims include:

  • Open and obvious danger: Property owners argue that the hazard leading to the accident was so apparent that the injured person should have taken precautions.
  • Comparative negligence: The injured person’s own actions contributed to the accident.
  • Trespassing: Guests were in an area where they were not allowed or expected to be.

What damages can I recover through a premises liability lawsuit? Damages recoverable through a premises liability lawsuit may include:

  • Medical expenses
  • Lost wages
  • Loss of future earning capacity
  • Damage to personal property
  • Physical pain and suffering
  • Emotional distress

What is the attractive nuisance doctrine? 

The attractive nuisance doctrine offers special protection to child trespassers whose curiosity might lead them onto a property. Property owners must safeguard certain features, like swimming pools and abandoned appliances, to protect children from getting injured.

If a person becomes injured in a hotel pool, is the hotel liable? 

The hotel’s liability depends on the circumstances surrounding the injury. Hotels may attempt to limit liability by posting warning signs and disclaimers regarding pool usage.

What is my landlord required to do to make my apartment safe? 

Landlords must maintain apartments in a safe condition, following building codes and taking appropriate measures to prevent hazards and ensure tenant safety.

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

In Nevada, the statute of limitations for premises liability claims is two years from the date of the accident.

Do I need an attorney for this type of claim? 

While not mandatory, hiring an attorney significantly increases the likelihood of a favorable outcome. Attorneys with experience in premises liability cases can provide knowledgeable guidance and increase your chances of recovering rightful compensation. If you’ve suffered injuries due to a property owner’s negligence, consider consulting the experienced attorneys at Gladiator Injury Law, at your earliest convenience.

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