Las Vegas Premises Liability Attorneys With Experience
Legal help when you’re injured on dangerous or unsafe property
Premises liability cases deal with injuries and wrongful deaths resulting from hazardous or unsafe conditions on someone else’s property. Slips, trips, and falls are the most common types of premises liability accidents, but assaults due to inadequate security or objects falling on people are other common examples.
People often think slip-and-fall cases aren’t serious and only cause minor injuries; however, they can result in significant, even catastrophic, injury. That’s where we come in. We handle premises liability cases involving wrongful death, brain injury, and serious spine injuries every day and have won some of the largest slip-and-fall verdicts in the State.
Las Vegas is an incredibly busy city and accidents happen every day. But when negligence causes premises liability accidents, negligent property owners should pay for the damages and injuries they cause. The attorneys at the Claggett & Sykes Trial Lawyers have helped clients recover more than $1.5 billion in damages through our trial work, appellate work, and consulting services, and have succeeded in over 150 jury trials. We have a full team of highly qualified and experienced personal injury attorneys available to help injured Las Vegas residents and visitors who want to know their legal options after suffering injuries from unsafe premises. Talk to us today.
Client Testimonial
“My experience with Claggett & Sykes has been nothing outside of outstanding top notch service and representation. I felt like a VIP client throughout the process and they have shown me genuine concern. I am grateful to have this team working hard on my behalf.” – Austin L.
What does premises liability mean?
Premises liability refers to the responsibility of a property owner to keep their premises free of unsafe conditions that could cause injuries to visitors and guests. Like a typical personal injury case, a premises liability case hinges on negligence.
Just because you are injured on someone else’s property doesn’t mean you have a claim. You must show that the property owner was negligent in allowing a dangerous condition to exist on its property.
To have a viable premises liability claim, you need to show a dangerous condition that caused your injury, that the property owner caused or knew or should have known about the condition, and failed to remedy the condition. Our Las Vegas team can talk to you about your accident and determine the validity and strength of your potential claim.
What are some examples of Las Vegas premises liability accidents?
Unfortunately, there are dozens of ways you can suffer preventable injuries on someone else’s property. Following are some of the situations our attorneys see again and again.
Slip and fall injuries
Slip-and-falls are one of the most common types of premises liability cases. Though common, they can cause life-changing injuries. We have handled many slip-and-fall cases involving serious brain injuries and spine injuries.
Broken bones, torn ligaments, and traumatic brain or spinal cord injuries can require a personal injury suit to make sure the victim can pay for their medical costs, make up for missed time at work, and has the resources to live with a permanent disability. The Centers for Disease Control and Prevention (CDC) states that falls are the leading cause of injuries and deaths among people 65 and older, but a fall can cause serious injury or death in younger people as well.
Casino negligence
A fun night in a Las Vegas casino could be the highlight of your vacation. It could also be the setting for a serious personal injury accident. Negligent casino owners often fail to ensure the reasonable safety of guests. They may spend their resources elsewhere, like on new slot machines or marketing tactics to bring in more business, when they should be optimizing their efforts to keep guests safe.
Negligent casino ownership and operation can lead to serious injuries due to hazards such as:
- Slippery floors
- Defective elevators or escalators
- Faulty staircases
- Loose carpeting
- Inadequate lighting
- Falling merchandise
- Swimming pool drowning
- Security guard abuse
Millions of guests visit Las Vegas casinos every year, but they don’t expect their outing to result in severe injury. Casino goers are invitees, or guests the establishment invites onto the property. It is an owner’s duty to repair known property hazards, clean and maintain its property, warn guests about potential dangers, and search for unknown risks.
Most of the casino slip-and-fall cases we see involve dangerous flooring. While shiny marble flooring may look nice, it is incredibly slippery and dangerous when any liquid gets on the floor. The casinos know this, with sometimes hundreds of injuries happening per year at some casinos, but have made the choice to put looks before safety.
Restaurants and nightclubs
Nightclubs are often the setting of devastating incidents. Crush injuries from uncontrolled crowds, assaults from lack of security, fires, violence, and even slip-and-fall or trip-and-fall incidents can all occur in Las Vegas nightclubs. Bars, casinos, and clubs owe duties of care to patrons due to the nature of the business.
Assaults by nightclub security or other guests are not uncommon in nightclubs. Nightclubs must have properly trained security guards who know how to deescalate situations rather than beat up customers.
Hotel pools and waterparks
This is one of the most serious types of premises liability accidents. Accidental drowning in swimming pools can lead to brain damage, coma, and death in a matter of minutes. When you go to a waterpark or hotel pool, you assume that there are the proper amount of lifeguards and that those lifeguards have been properly trained to respond to emergencies. Unfortunately, many times this is not the case.
It is the pool owner’s responsibility to ensure its safety for guests in Las Vegas. Pool owner duties may include:
- Hiring and properly training lifeguards to supervise swimmers in the pool
- Making sure the proper number of lifeguards are on duty to monitor the entire pool area at all times
- Making sure lifeguards are properly trained in CPR and defibrillator devices
Pools and waterparks in Las Vegas can be excellent places to escape the desert heat. Unfortunately, negligent hotel and property owners may have unsafe pools, hot tubs, and other water attractions. If you or a loved one sustained an injury in a public pool, consider your legal options with the attorneys at Claggett & Sykes Trial Lawyers.
Negligent security and assault
Las Vegas attracts lots of tourists, which in turn attracts lots of criminals. Property owners can’t stop every act of violence or crime on their properties, but they do have a duty to reasonably ensure visitors’ safety from foreseeable crimes. Every business and property owner in Las Vegas should understand the crime rate in the area and take appropriate steps to prevent incidents. Failure to do so could lead to a preventable attack.
Proving that the business or property owner is guilty of negligent security requires an investigation into the crime rates and history in the area. The plaintiff must show the defendant knew or reasonably should have known of the risk of an attack, yet did nothing to prevent this harm. A prudent property owner would have installed parking lot lights, surveillance cameras, security systems, and security guards according to the level of foreseeable danger. Failure to take these actions, resulting in an act of violence against a visitor, may be grounds for a lawsuit.
How do I file a Las Vegas premises liability claim?
Our attorneys handle the entire process and never leave you on your own. The first step is determining how the property owner was negligent. This could be through negligent security, a dangerous element on the premises, or the owner’s failure to address a known safety issue.
To succeed with a premises liability lawsuit in Las Vegas, the plaintiff (you and your attorney) must prove four basic elements of negligence, including:
- The plaintiff must prove that the property owner created the dangerous element, or knew or about the dangerous element on the property, or should have known about it through reasonable diligence.
- Next, the plaintiff will need to prove that the defendant knew about the injury-causing element but failed to address it in a timely or appropriate fashion.
- The plaintiff only has a claim if he or she suffered some injury due to the dangerous condition. The plaintiff must provide proof of the extent of his or her claimed damages.
- Finally, the plaintiff must prove that the defendant’s negligent care of the property was the proximate cause of the plaintiff’s injuries. The plaintiff must provide evidence that his or her damages would not have happened but for the defendant’s negligence, or only happened because of the defendant’s negligence.
Our experienced premises liability lawyers can help determine your chances of success. We prepare every case as if it’s going to trial because trials are what force insurance companies to settle cases. Whether we resolve your case through settlement or verdict, your best interests are our number-one goal and we’re ready to step up for you and your family.
How long do I have to file an injury claim in Nevada?
Every state upholds statutes of limitation that dictate how long a claimant has to file a legal action after an injury. In Nevada, the statute of limitations for a premises liability claim for a personal injury is two years, starting on the date the injury occurred. The plaintiff must file a complaint within this period; otherwise, the defendant can simply ask the court to throw out the claim for failure to meet the deadline.
Once we file the complaint and the required paperwork with the court, the defendant will have the opportunity to respond. From there, the parties exchange information in order to prepare for trial. While the majority of personal injury claims never go to trial, we prepare as if every case will. If the case does go to trial, we’ll be ready. But, trials are also what force insurance companies to fairly evaluate claims. The threat of trial is generally what causes cases to settle, and settle for the right amount.
However, it is crucial to work with skilled legal counsel concerning both the potential settlement value and trial value of your claim.
Talk to our Las Vegas premises liability attorneys today
Don’t underestimate the severity of your premises liability injury. If you were seriously injured, you need to hold the negligent party responsible. At Claggett & Sykes Trial Lawyers, our attorneys know premises liability cases and have won some of the largest slip-and-fall verdicts in the state. To talk to a member of our team and set up a free consultation, call 702-333-7777 or fill out our contact form today.