Can an Attorney Help Me Be Compensated for a Slip and Fall Case on Private Property?
Posted by: albright on Fri, Dec 13, 2019Share this post
People are commonly injured on private property where the owner or property manager could be held liable for the accident. Private property cases can be difficult under certain circumstances, and they are always defended vigorously by respondents who want to avoid paying the claim. Insurance companies are likewise just as difficult in certain situations, and both parties have the power to contest any private property injury claim. Insurance providers can actually dispatch legal teams to investigate the case looking for particular evidence that may be used in defense. Injury lawyers in Las Vegas understand there are specific defenses to any premises liability claim, all of which depend on the material case facts. This is why it is vital to have experienced representation like Albright Stoddard Warnick & Albright Las Vegas NV slip and fall attorneys when filing a private property injury claim.
Proving a Claim
Injured plaintiffs are required to prove a claimed injury occurred at a specific location and be able to connect the respondent to the property. This can be either the property owner or controller. In some instances this could include both. In addition, there can be vicarious liability as well. The plaintiff then must prove that the injury occurred due to negligence on some level by the respondent parties. The failure of the defendant to provide a reasonable duty of care for the claimant can be either direct or indirect, and it is assessed in a percentage of fault by the court. This applicable percentage in Nevada is set at 51% to establish liability.
Defenses to a Claim
There are standard defenses to private property injury claims that are commonly used by respondent parties. One issue could be legally occupying the property at the time of the injury, but this is not always a successful defense when certain material case factors are present. Beyond the trespasser defense, respondents can also claim the injury was due to the claimant’s own actions based on reasonable assumption of personal risk. If a claimant is found to be over 50% responsible for their own injury, the claim can be denied by the court.
Never attempt handling a private property injury claim personally. Nevada residents should always call Albright Stoddard Warnick & Albright Las Vegas NV slip and fall attorneys for comprehensive representation.