One of the most common types of cases our personal injury lawyers handle is “premises liability” cases. These cases involve injury claims against property owners for injuries sustained because of dangerous conditions on their property. “Slip and fall” cases are just one type of these premises liability claims.
Lawsuits can be filed for injuries on both private and public property. In fact, claims against private property owners are often easier, since they are often insured and lawsuits against the government are often difficult. Keep in mind that the difference comes down to whether the property is owned/operated by a private company or person, not whether it is open to the public. You can, in fact, sue for accidents in private (e.g., at a friend’s house) and public-facing situations (e.g., in a store).
For help with your case, call Mitchell Rogers Injury Law’s Las Vegas personal injury lawyers today at (702) 702-2622.
What Makes Property Private vs. Public?
A property is considered “public property” if it is owned by the government. A property is “private property” if it is owned by an individual or a company.
Property owners can restrict access to their property and use it for personal or business reasons. They may keep it open to the public – such as stores and restaurants – but the property is still considered “private property.”
Can You Sue for Accidents on Private Property?
Lawsuits happen all the time for accidents on private property. This includes slip and falls and other injuries in
- Stores
- Restaurants
- Private homes/apartments
- Hotels and Airbnbs
- Offices
- Other businesses
- Sidewalks
- And more.
The right to sue doesn’t come down to whether the property is private or not, but whether the owner committed “negligence.”
Elements of Negligence
Property owners have a relationship to the guests on their property. The type of specific relationship (discussed below) might shift the burden of what the property owner has to do, but it usually comes down to standards of reasonableness or specific statutory requirements.
A property owner commits negligence when
- The defendant owes the victim a duty.
- The defendant breaches that duty.
- The breach causes the victim’s accident.
- The accident causes injuries and damages.
Relationship to Entrant
When someone enters onto someone else’s private property, they usually do so as one of these types of people, which depends on their relationship to the property owner:
- Trespasser – Has no permission to be on or use the property. g., a burglar.
- Licensee – Has permission to use or be on the property, often for a limited, self-interested purpose. g., a salesperson going door to door, a renter at a rental property, someone walking on the sidewalk.
- Invitee – Is invited to use or be on the property, often for the owner’s benefit. g., a customer or client.
The duty the property owner owes the person is different for each role:
- The property owner owes a trespasser no duty, except to avoid intentionally injuring them.
- The property owner owes a licensee a duty to warn of or repair hidden dangers.
- The property owner owes an invitee a duty to clear up or repair hidden dangers and actively seek out dangers that could injure the invitee.
Ultimately, this means they owe the invitee the highest duty, while they owe only a bare duty to licensees and almost nothing to trespassers.
How Do I Sue a Private Property Owner?
When you are injured on someone else’s property, take the following steps to prepare for a potential claim:
- Get immediate medical care. Call 911 if you have to; documenting and treating your injuries is vital.
- Collect information, such as witness contact info for anyone who saw the accident.
- Call a Nevada personal injury lawyer before trying to talk to a property owner or their insurance company.
- Collect additional evidence, such as photos of the accident scene, security camera video (if available from stores or private cameras, e.g., doorbell cameras), and more.
- Make an insurance claim with the owner’s insurance. If they have no insurance, we can go straight to a lawsuit.
- File a lawsuit if the insurance companies refuse to settle for a fair value.
FAQs for Lawsuits Against Private Property Owners
What is a Premises Liability Accident?
Premises liability refers to any injury claims for accidents caused by dangerous conditions or “defects” on someone’s property. This can include all kinds of accidents:
- Falls from collapsing stairs, railings, and balconies.
- Structural collapses
- Fires and explosions
- Electrocutions
- Slip and falls
- Trip and falls
- Injuries from dangerous or weak furniture
- Burns, cuts, and electrocution from dangerous appliances or fixtures
- Drowning
- Falls from heights (e.g., cliffs or unguarded drop-offs)
- And many more.
Does it Matter if I’m a Trespasser, Licensee, or Invitee?
Property owners owe different people different duties of care depending on why they were on the property. A licensee is owed only the barest duty, and the question of whether you were an invitee or licensee could change whether the defendant did “enough” to keep you safe.
Can I Sue a Store or Business Even if I’m Not a Customer?
As long as you were lawfully on the property where you were injured, you can potentially sue the owner for your injuries. If a business is open to the public, you are allowed to be there, even if you did not (yet) buy anything.
However, signs or specific instructions from staff that limit access, such as “Staff Only” or “Bathroom for Customers Only” might change whether you were a trespasser, licensee, or invitee in a specific location.
Can I Sue an Apartment?
Where you were injured in the apartment will change who you can sue and whether you can sue. Some aspects of safety are the landlord’s responsibility, while others are the renter’s responsibility. Renters may also be able to sue their landlords for some dangers, e.g., structural collapse, broken handrails in shared staircases, etc.
Can I Sue for Injuries on Public Property?
Suing for injuries in a park, government building, or other public property might actually be harder because of the way lawsuits against the government work. Either way, they are still possible in many cases.
Who is Responsible for the Sidewalk?
The property owner is usually responsible for keeping the sidewalk in front of their property safe.
Do I Sue the Landlord or the Renter?
Many properties are rented, including commercial spaces. In many cases, lawsuits will be filed against whoever operates the property day-to-day. E.g., for a store in a rented commercial space, you will likely sue the store, not the commercial property owner.
However, injuries might only be the renter’s fault if they happened in the rented unit. Injuries in shared spaces – such as the common areas of a mall or the lobby of an office or apartment building – might be the landlord/owner’s fault.
Call Our Personal Injury Lawyers in Nevada Today
For a free review of your potential injury case, call the Winchester, NV personal injury attorneys at Mitchell Rogers Injury Law at (702) 702-2622.