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Important factors in a premises liability claim

Unsafe building injuries in Nevada can lead to premises liability claims. Residents should know what's involved in a premises liability claim and what steps they should take when they're injured on someone else's property.

Whether a person is injured by a falling object or on a slippery floor, they must prove that the owner, or the non-owner resident of that property, breached the duty of care due to the entrant. For instance, the owner or manager may have neglected to repair potholes and cracked pavement, forgot to warn against wet floors or failed to install adequate lighting in stairwells. On the other hand, entrants have an obligation to use a property in ordinary, reasonable ways.

Duty of care varies based on the victim's classification. There are three types of entrants: invitees, licensees and trespassers. Owners have a higher duty of care to invitees (those who enter a property for mutual benefit with the owner) and licensees (those who enter a property for their own benefit). However, trespassers are not completely excluded; child trespassers are a notable exception to the law.

Victims should get medical help immediately to avoid a suspicious time lapse between the incident and the treatment. They should also take photographs, file a report and hire an attorney.

This last step is important because a lawyer can help bring together the proof of negligence and negotiate on the victim's behalf. If the insurance companies cannot agree to a settlement, the lawyer can litigate. A lawyer could also say honestly whether a victim has a viable premises liability claim to begin with.

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Aldrich Law Firm, Ltd.
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