De Castroverde Law Group provides the people of Las Vegas with outstanding legal representation in all types of criminal, personal injury, and immigration cases. Our family of lawyers has served the community for more than 20 years. We are known for providing every client with the aggressive and effective representation they deserve, we can protect your rights and advocate on your behalf. Call us at (702) 222-9999 or visit our offices at 1149 S. Maryland Pkwy in Las Vegas! www.DeCastroverde.com
Friday, October 3, 2014
Premises Liability: Who is at Fault?
It is a property owner’s responsibility to ensure the safety
of all those that enter their property. When a person visits another’s
property, they are doing so under the reasonable assumption that the owner or manager
has taken necessary action to prevent dangerous situations from occurring.
Premises liability law seeks to ensure that stores, homes,
buildings, retail shops, outlets, restaurants, and other facilities are kept
safe for public and private use. Property owners are required to provide safe
conditions for visitors and patrons, in addition to warning of any potential
hazards present on their property.
Property Owner Carries Majority of Responsibility
An owner can be held liable for any injuries that occur on
their property if they knew of the potential hazard, or should have known of
the hazard, but did not make a reasonable effort to fix the problem. Property
owners may also be required to provide reasonable warnings to potential
trespassers for any hazardous conditions on their property that may not be
obvious or visible.
For example, a property owner could be held liable for any
injuries that occur on their premises because of:
Broken hand rails
Lack of security
Exposed electrical wires
Comparative Fault in Premises Liability
Comparative fault refers to when both the property owner and
the visitor share fault for the injury, often because the visitor failed to
exercise expected care for their own safety. In other words, their actions may
have contributed to their injury in some way. An example would be if a visitor
cut their leg on the sharp corner of a shelf in a grocery store, but did so
while chasing a friend through the aisles. In these incidents, the monetary
recovery for the injuries can be reduced by the percentage of the visitor’s
liability for the accident.
Standard comparative fault laws do not usually apply when a
premises liability case involves injuries to a child. Because young children
are typically unable to recognize potentially dangerous situations, the law
does not hold them liable, even if their injuries were caused in part by their
own negligence. For example, it is an owner’s responsibility to install a fence
around their pool and keep the area locked securely. If an owner does not
install a fence and a child wanders onto the property and drowns in the pool,
the owner would be liable.
Know Your Options
If you or a family member was injured on another person’s
property because the owner was negligent, you may be entitled to compensation
under premises liability law. De Castroverde Law Group represents injury
victims in Las Vegas, and we may be able to help you seek justice. Contact our
experienced premises liability attorneys to learn about your rights and options
if you were injured in Clark County.