Las Vegas Premises Liability Attorney
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"Premises liability" is a general term for a personal injury in which the victim was harmed while on property (or premises) owned by another person or entity. Typically these are slip and fall claims that occur in stores, restaurants, hotels, and other commercial locations, but the truth is that nearly any injury can be considered premises liability as long as the property owner failed to provide a reasonably safe environment to invited visitors.
If you believe you were hurt due to the negligence of a property owner, Burris & Thomas, LLC is ready to hear from you. Our Las Vegas personal injury lawyers bring more than four decades of legal experience and advocacy to injured victims. Every one of their clients can rest assured that they will receive personalized, attentive counsel and never be treated like just another case number.
Types of Premises Liability Cases
Serious incidents that can be due to a property owner's negligence include:
- Slip & fall accidents
- Animal attacks
- Fire or gas explosions
- Drowning in uncovered or unlocked pools
- Physical assault due to inadequate security
What is "Duty of Care?"
Bringing a successful premises liability suit to court depends on a critical concept called duty of care. Duty of care, in the most basic terms, is the responsibility property owners have to provide a safe environment for visitors that are welcome on the premises.
To recover compensation, premises liability claims must prove:
- That the property owner/manager owed the plaintiff duty of care
- That the dangerous conditions were due to a lack of duty of care
- That the dangerous conditions led directly to the injury
If these three things can be clearly demonstrated in court, then recovering compensation is possible. The burden of proving these factors, however, falls on the plaintiff. At Burris & Thomas, LLC, our Las Vegas personal injury attorneys are prepared to help clients gather the appropriate evidence to support their claim, structure a suit that speaks to their financial needs, and aggressively fight to hold the negligent parties responsible.
How Attorney Steven M. Burris Can Help
Attorney Burris has received the prestigious AV Preeminent® Peer Review Rating™ from Martindale-Hubbell®, as well as the Badger Award, which is the highest honor awarded by the Nevada Trial Lawyers Association / Nevada Justice Association. Attorney Burris has also been selected for inclusion in the Mountain States and Nevada Super Lawyers®® lists for multiple years. Las Vegas Life has voted the attorney as one of the "Top 5 Lawyers," and the "Top Personal Injury Lawyer."
Why Choose Burris & Thomas, LLC?
- 45+ Years of Experience on Your Side
- Known for Million-Dollar Results
- No Upfront Fees: Pay $0 Unless and Until We Win Your Case
- Client-Recommended, Award-Winning Representation
Whatever the cause or result, if you were injured on someone else's property, you can speak with our Las Vegas premises liability attorney today. Burris & Thomas, LLC has more than 45 years of experience in premises liability cases and a sterling professional reputation.
$2,000,000 Judgement Sexual assault on cocktail waitress by a professional athlete.
$1,400,000 Verdict Slip and fall.
$700,000 Settlement Amusement park device causes severe shoulder injuries.
How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.