Imagine that you are visiting a friend at an apartment complex or checking out a new business, and you are injured by an uneven ground surface or a defective piece of furniture. You may have sustained extensive injuries that require surgeries and therapy to recover from. These incidents are all too common throughout Las Vegas and Nevada for that matter.
The Aaron Law Group is standing by, waiting to assist you in filing your personal injury claim. If retained, we will aggressively represent you from the beginning to the end of this complex and complicated legal process. We will go all the way to trial if necessary to ensure that you get the compensation that you are entitled to for your injuries and losses.
Property accident injury is a term used to describe any personal injury you suffer that takes place on property owned by another individual or company. Also known as premises accidents, these can include:
- Slip and fall cases
- Dog Bites
- Pool drowning
- Assaults that occur due to poor security
- Negligent building maintenance
- Defective lighting
- Casino accidents
- Commercial property accidents
- Lead poisoning
- Apartment accidents
Although some of these injuries can seem like minor incidents- neck, back, and spinal cord injuries can show up days after an accident occurs and cause excruciating and lifetime pain. It is imperative that you go to the emergency room as soon as you can in order to receive a medical evaluation. Doing so will strengthen your property accident claim by ensuring documentation of all and any injuries that you sustained. Make sure you keep all documentation.
What Is Premises Liability?
If you are injured in an accident that occurred on another person’s property, you have a legal right to file a lawsuit against the property owner for premises liability. In premises liability, the owner of the property where the injury occurred can be held financially responsible for injuries suffered by guests.
Under Nevada law, property owners have a legal obligation to act in a reasonable way aimed at avoiding injuries to others who enter upon their property legally. Some locations, like hotels, casinos, and resorts throughout Las Vegas, are held to much higher standards.
Nonetheless, a party that fails to provide the duty of care to guests can be found guilty of negligence. This generally means that a property owner failed to take all reasonable measures to ensure the safety of guests and, as a result, the guest suffered an injury.
For injured parties to bring a claim under premises liability, they must be able to prove that the property owner knew or should have known dangerous conditions existed on their property. Additionally, the injured party must prove that the property owner neglected to address the dangerous conditions and, as a result of their negligence, the claimant was injured because of their failure to do so.
Was The Accident Foreseeable?
Premises liability lawsuits are only won in situations when a property owner does not take all the precautions necessary to prevent an accident from happening. If a property owner fails to clean up and mark off a spill on the floor or if they fail to clean broken glass and mark off a window, they are considered to be negligent. A person being injured under these circumstances could lead to a premises liability case against a property owner.
On the contrary, if a guest is injured on an area that is appropriately marked, they are most likely not going to have a successful lawsuit against the property owner. It is implied that a warning about broken furniture, wet floor signs, or even a no trespassing sign clearly indicates that the marked off area should be avoided or it can cause injury. A guest that ignores the sign can not hold a property owner responsible for any resulting injuries.
What Are Some Causes Of Property Accidents?
Property accidents generally occur due to a property owner’s negligence. They may have neglected to maintain their property or failed to incorporate adequate security and lighting to keep guests safe. Property accident cases commonly include situations where:
- Carpeting and rugs are torn or unsecured
- Uneven or icy sidewalks are present
- Merchandise on high shelves is not secure
- There are liquids spilled on flooring surfaces
- Dog Bites
- Broken, damaged, or missing handrails on staircases
- Negligent security
Different Claim Types For Property Accidents
Individuals can sustain injuries in numerous ways on other people’s property.
Swimming pool accidents occur frequently throughout Las Vegas on both residential and commercial properties. Homeowners with swimming pools are at an increased risk of having children come on to their property to swim in their pool. Homeowners can be held accountable for children injured or those who drown in private swimming pools under the “attractive nuisance doctrine”. Homeowners are required to have adequate fencing and take other measures to ensure no one uses their pool without their knowledge.
Public pool owners are at risk of guests suffering injuries by hitting concrete structures in and around the pool. This can lead to traumatic brain injuries, back injuries, or other broken bones. Furthermore, public pools need to be staffed with lifeguards to ensure guests do not drown on site.
Dog bites are a growing problem throughout the Las Vegas metro area. When homeowners adopt dogs and fail to keep them adequately leashed, they place others in the community at risk of being bitten. This risk is increased when a person knowingly has a vicious dog and does not properly restrain it when it is outdoors.
Negligent security measures can pave the way for violent assaults, rapes, and robberies throughout Las Vegas. Companies need to have security cameras, an adequate amount of security guards or bouncers, and ample lighting for dark alleys and parking garages. Not implementing a reliable security system could increase the risk of a person being victimized.
Finally, inadequate lighting, broken or slippery floor surfaces and poorly maintained stairways can increase the risk of a person slipping and falling.
Establishing Liability In A Property Accident Claim
If you are injured on someone else’s property, you will most likely need costly medical attention. Depending on the severity of your injury, you may suffer excruciating pain and be unable to work for a period of time. The Aaron Law Group can help you obtain fair and adequate compensation for your injuries.
Property accident claims are extremely complicated. A person sustaining an injury on someone else’s property does not necessarily guarantee that they are at fault and the victim will be compensated. It is imperative for injury victims to prove that the property owner was aware of the hazard or that they should have been. Further, a claimant must prove that the property owner failed to take appropriate actions to fix the issue.
As your legal counsel, the Aaron Law Group will start working on your case immediately to ensure all the facts surrounding your accident are adequately represented. We will interview witnesses, take photographs, investigate the scene of the accident, and collect witness statements on your behalf. The Aaron Law Group will work diligently to make sure you receive the maximum amount of compensation you are entitled to under Nevada law.
Negligence That Leads To Premises Liability Claims
Anything that is negligently avoided on a property can lead to a very unpleasant situation for guests, especially those that suffer injuries as a result. Individuals that sustain injuries on other people’s property are often able to file premises liability claims against property owners in order to recover compensation for lost wages, medical expenses, and various other factors. In Las Vegas, property accident claims can include situations like:
Slips, trips and falls: These claims are commonly filed by guests that suffer injuries from falling on wet or uneven surfaces, surfaces with cracks or holes, or from areas with glass, broken concrete, or other hazardous objects.
Swimming pool accidents: Pools can be extremely dangerous, especially when they do not have adequate lifeguards on staff. Concrete structures, fountains, and other objects can severally injure guests that fall around pool areas. This can be a more serious situation when a guest falls into a pool that is unguarded and they drown.
Food poisoning: Guests dining in restaurants are at an increased risk of developing a food-related illness if food is not properly handled, stored, or cooked. Some of these illnesses can be debilitating or life-threatening, especially to individuals with compromised immunities.
Assault: In Las Vegas, becoming a victim of an assault is extremely common, especially at casinos and nightclubs. Unfortunately, this type of incident is under-reported. Tourists are often victimized, robbed, beaten, raped, or even killed in building hallways, hotel rooms, or parking garages. Not having adequate security measures in place or proper lighting increases the risk for guests.
Other types of property injuries: Broken or damaged furniture, bedbugs, dysfunctional elevators, accidents during concerts, and damaged property are just some ways guests can be injured on properties throughout Las Vegas.
What Type Of Damages Are Recoverable In The Event Of A Property Accident?
If you are injured in a property accident, there are several damages you can be compensated for through a successful lawsuit. These include:
Lost wages: The amount of wage compensation you receive will be based on the amount of work you miss. If you are unable to work in the future because of your injuries, you will be compensated for future lost earnings. If you require extensive therapy that forces you out of work temporarily, you will be compensated to cover the wages you are unable to make as a result.
Medical expenses: If you are injured, you will most likely need medical attention. Depending on the severity of the injury you sustain, you may be required to attend follow-up appointments with specialists, go through physical therapy, or you may have to go through numerous surgical procedures. Individuals that suffer disfigurements are further compensated when reconstructive surgery is necessary.
Pain and suffering: Individuals that sustain injuries are able to obtain compensation for both physical and emotional pain resulting from the accident. Mental anguish is very real and can have a very negative impact on your life. Quite often, traumatic experiences cause injury victims to experience debilitating PTSD.
Loss of life enjoyment: Individuals that sustain serious injuries, lose limbs, or are unable to enjoy activities they once loved are further compensated due to the immense change in the quality of their lives. They did not want to stop performing these activities but now they are forced to because they can no longer physically stand to engage in them.
These are just some topics injury claimants can focus on when demanding compensation for their injuries. Contacting our team at the Aaron Law Group will ensure you receive the maximum compensation you are entitled to.
What Should I Do If I Become A Property Accident Victim?
Each of these factors can contribute to a guest sustaining an injury. If you are ever damaged on another person’s property, it is crucial that you take the following steps to ensure everything is properly documented:
If your injury is not life-threatening, you should take appropriate steps to document the circumstances. Take notes of the time and place where the accident occurred. Take several photographs or video recordings that clearly display what lead to the accident.
Document any names of witnesses and their contact information. This enables you to contact them for witness statements if they are needed at a later time.
Next, contact the property owner and inform them that the incident occurred. If it is a business owner, make sure they wrote an accident report down and ask for a copy of it. You will want to ask the property owner for the name of their insurance company in case you need to contact them in the future.
Finally, seek medical attention for your injuries. Even if it does not seem like you sustained a serious injury, it is crucial that you are evaluated to make sure no serious complications appear at a later time.
It is in your best interest to hire a lawyer immediately so they can begin working on your case. Our legal team at the Aaron Law Group will file your claim, investigate the incident, collect evidence on your behalf, and file all paperwork in court on your behalf. Not only will this ensure proper procedures are followed, but it will enable you to focus entirely on your recovery. We have more than 26 years of experience working and representing Nevada residents in complicated and complex personal injury claims and we would be happy to represent you to ensure that you get the most compensation for your injuries and losses. Call the Aaron Law Group today at 702-550-1111 to schedule a free case evaluation.