Las Vegas Personal Injury Attorney: Proving Negligence

las vegas personal injury attorney

Many people need an experienced Las Vegas personal injury attorney because they were injured on someone else’s property. This type of case falls under the premises liability tort law. In essence, the law says that property owners, administrators and managers must keep their premises safe for persons who have a right to be present there. This is called the duty of care principle. When a property owner, administrator or manager fails in this duty, the injured person is entitled to seek damages.

However, there is always a question: how do you prove that the property owner was negligent? How can premises liability lawyers in Las Vegas negotiate the maximum settlement amount in premises liability cases? Isn’t it possible for the owner to claim they did not know about the unsafe condition and be relieved of liability?

When you entrust your case to an experienced lawyer at the Christian Morris Trial Attorneys law firm, the answer is no. We will not simply accept that a property owner was not aware of the issue. We can prove that they should have known about the aspect and, thus, are liable to pay for your damages.

What You Have to Prove in a Premises Liability Case in Nevada

As we stated in the beginning of the article, any personal injury case – including a premises liability case – is based on the principle of an existing duty of care. Your Las Vegas personal injury attorney will explain to you that, in this specific case, the key elements you have to prove are:

  1. the liable party is the owner or otherwise in control of the property where you were injured
  2. you were present on the property with the owner’s consent or express permission
  3. a dangerous condition existed on the property
  4. the owner knew or should have known about the respective dangerous condition
  5. you suffered an injury and economic damages due to that condition.

Premises liability lawyers in Las Vegas know how to prove each of these points, after they determine that you have a valid premises liability case. Here is how we work on our clients’ behalf:

1. Proving that the Liable Party Owned or Was in Control of the Premises

This is, by far, the easiest step in the process of proving a premises liability case. Any of the following documents is sufficient proof that the respective person owned or was otherwise in control of the premises:

  • a deed of ownership
  • a lease agreement
  • a services agreement for providing facility management services
  • an employment agreement as store/facility manager or administrator.

With this point proven, the Las Vegas personal injury attorney will move to the next critical step.

2. Proving that You Were Present with the Owner’s Consent

While many people know that being partly at fault can reduce the total amount of damages they may collect, few understand this specific difficulty in premises liability cases. Persons present on someone else’s property fall into three categories:

  • invitees
  • licensees
  • trespassers.

The first two categories are under the full protection of personal injury law in Nevada. Thus, if you were a shopper in a store, a courier delivering an online order or a guest visiting a friend in their rented apartment and you suffered an injury, then you have a case.

For trespassers, property owners have only a limited duty of care, applicable if:

  • the owner deliberately hurt the trespasser
  • the owner knew the trespasser was present on their property and faced danger
  • the trespasser was a child.

The third instance falls under the attractive nuisance doctrine. It makes a property owner liable for any kind of injury suffered by a trespassing child, if the dangerous condition on their property is likely to attract a child’s attention. An uncovered pool or defective swings for kids are some of the most common examples in this case.

3. A Dangerous Condition Existed on the Property 

In some cases, the unsafe condition is very obvious. An icy sidewalk, a large hole in the road and an uneven floor are visible to anyone. In other cases, the condition is not so obvious. Here are some examples:

  • old electrical wiring
  • gas leaks
  • malfunctioning elevators and escalators
  • structures not built according to safety codes.

However, premises liability lawyers in Las Vegas can prove that, even in less obvious cases, the property owner should have known of these unsafe conditions. At the same time, you can also help your own case by taking photos at the place of the accident. Focus on every little aspect that appears out of the ordinary or which you believe may have been the cause of your accident.

4. Proving that the Owner Should Have Been Aware of the Dangerous Conditions

Your Las Vegas personal injury attorney can win your premises liability case even if the owner clams they did not know of the unsafe condition. This, no doubt, will be their first defense. However, a skilled lawyer can rely on evidence to the contrary, such as:

  • a maintenance report indicating safety problems
  • complaints from tenants/visitors to the building administrator
  • notices sent by local authorities concerning building code violations

5. You Suffered Injuries and Economic Damages Due to the Unsafe Condition

The last and also critical element of premises liability cases is proving you suffered injuries and economic losses. The simplest way of doing this is calling 9-1-1 if you were seriously injured or going to the nearest hospital otherwise as soon as possible after the accident.

If you wait until the next day, the insurance adjuster or lawyer representing the property owner can cast a doubt on the true cause of your injuries. Your Las Vegas personal injury attorney will have to work much harder to prove you were not injured hours later, and at a different location.

Yes, you are worried about medical care costs and hospital bills. But an experienced lawyer will win all these economic damages, plus lost wages and compensation for pain and suffering. But they need to be able to prove that you suffered these losses at that specific place and time and due to the owner’s negligence.

Bring Your Case to a Dedicated Personal Injury Law Firm!

Christian Morris Trial Attorneys is the law firm you can trust to win your case. Our premises liability lawyers in Las Vegas have a combined experience of 30 years. We used to work for insurance companies and fight claims like yours. Now we are serving the party who truly has justice on their side – injured persons. And we use our extensive experience and knowledge of the law to win the maximum compensation they deserve.

We work on a contingency fee basis, so you do not have to worry about paying any upfront fees. Do not wait too long after your accident; schedule a free consultation with us as soon as possible: (702) 434-8282!