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Determining liability after an accident

If an employee is hurt on the job in Nevada or elsewhere, he or she may be entitled to workers' compensation benefits. However, determining liability for an injury may be more complicated if a person gets hurt while working at a private residence. If that person works for a company with five or more employees, he or she would likely file a workers' compensation claim.

However, if that person didn't have access to workers' compensation insurance, the homeowner may be liable for damages. This is true if there was a dangerous condition that the homeowner didn't try to fix or warn the worker about. Exceptions may be made if a worker should have seen a dangerous condition or otherwise created such a condition on his or her own.

For example, a worker who notices a wasp nest would generally be required to take steps to avoid the insects. A worker may create a dangerous condition by using a shoddy ladder while cleaning a gutter or not paying attention. As a general rule, it isn't a good idea to hire a worker who isn't insured and bonded. The same is true when hiring a company that has five or more employees.

Those who are injured while walking on slippery floors or because of other dangerous conditions on a premises may take legal action against the property owner. Generally speaking, a property owner must take steps to eliminate a dangerous condition. If the condition cannot be removed, a property owner must provide sufficient warning about the danger posed. An attorney may help an injured victim establish that a property owner knew about a wet floor or a tripping hazard and did nothing to remedy the problem.

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Aldrich Law Firm, Ltd.
1601 South Rainbow Boulevard
Suite 160
Las Vegas, NV 89146

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