Many hotel injury cases, at their core, are premises liability cases. A premises liability case is a type of negligence claim in which someone suffers injuries while on the property of another.
As a general matter, any property owner owes its guests a duty to protect them and maintain a reasonably safe environment on their premises. But if a guest suffers injuries because a hotel failed to keep the property in a reasonably safe condition, the injured party may be able to hold the property owner liable for their accident.
Below is some more information to take note of regarding premises liability claims in Las Vegas, NV.
Hotel and casino owners owe a duty of care to take reasonable measures to ensure the safety of their guests. If you suffered injuries because a hotel or casino failed to take such reasonable measures, you might have a legal claim for relief.
Comparative Negligence In Las Vegas Premises Liability Cases
The State of Nevada does follow comparative negligence rules.
Specifically, Nevada Revised Statute (N.R.S.) section 41.141 states, “In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.”
Put simply, this means that if you were partially negligent in causing the accident that resulted in your injuries, your recoverable damages might be reduced by your respective percentage of fault. But if you are found to be 51% or more at fault, you cannot recover any damages from the other party at all.
But remember, even if you were partially at fault, this doesn’t automatically bar you from recovery. Accordingly, be sure to speak with a qualified personal injury and premises liability attorney to discuss your potential claim and options as soon as practicable.
Beware The Statute Of Limitations
Another crucial aspect of any premises liability claim to be aware of is the statute of limitations.
A statute of limitations is the legal timeframe within which a plaintiff must bring their lawsuit or risk waiving their rights to recovery.
According to N.R.S. section 11.190, the statute of limitations for a premises liability injury case is currently two years. In most cases, this means that you must file your claim within two years of the date of your injury. Failure to do so timely can result in severe consequences, including the inability to pursue your case moving forward.
