If you get injured while staying in or visiting a rental property in Nevada, the landlord could face liability for your damages in some circumstances. Landlords in Nevada are subject to certain safety regulations and requirements as property controllers. Falling short of the duty of care is known as negligence, which can serve as the foundation of a premises liability claim.
What Is Landlord Negligence?
Landlord negligence means that the person or party in control of a rental property in Nevada falls short of the accepted standard of care, resulting in tenant or visitor injuries. A “duty of care” is a legal obligation or responsibility to act in a manner that a reasonable and prudent landlord would have in the same circumstances. Any act or omission that falls short of this responsibility constitutes negligence.
How a Premises Liability Lawyer Can Help
Winning a claim against a landlord in Nevada can be difficult. These claims involve unique and complex state laws of premises liability. The best way to protect your rights and seek the full financial compensation you deserve is by hiring a Las Vegas personal injury lawyer to represent you.
A lawyer can carefully investigate your accident, search for evidence of landlord negligence, hire experts, negotiate with insurance providers for a fair settlement on your behalf and make sure you have everything you need during this difficult time.
Four Elements of Negligence
Proof of a landlord’s negligence after a harmful accident requires evidence of four key elements:
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Duty of care
The landlord had a degree of control over the property that imposed a legal responsibility of care.
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Breach of duty
The property owner behaved in a careless, reckless, wanton or unlawful manner.
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Causation
There is a provable connection between the landlord’s negligence and the victim’s injury.
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Damages
Evidence of harm or losses suffered because of the property controller’s breach of the duty of care.
These four elements show that the harmful accident was foreseeable and that the landlord’s failure to act responsibly led to the tenant’s injury.
Examples of Landlord Negligence in Nevada
Under Nevada state law, the owner, controller or manager of a rental property must ensure its reasonable safety for tenants and guests. A negligent landlord who violates this duty of care may be guilty of:
- Violations of the Nevada Landlord and Tenant Act
- Failure to maintain a habitable space
- Inadequate property maintenance
- Ignored pest infestations
- Failure to provide or repair AC (if included in the lease)
- Unreasonable delays when repairs are needed
- Failure to properly background-check new tenants
- Failure to switch out locks between tenants
- Negligent building or premises security
- Ignored complaints by tenants regarding harassment or criminal activity
- Allowing a tenant to harbor a dangerous dog
Landlord negligence can cause or contribute to various tenant injuries, including serious slip and fall injuries, traumatic brain injuries, back and spine injuries, dog bite injuries, and wrongful death.
Evidence to Support Your Landlord Negligence Claim
The success of a claim against a landlord in Nevada depends on the strength of the evidence submitted by the plaintiff (injured party). You may be able to prove the necessary elements of your injury claim with evidence such as incident reports, communications between you and your landlord, photos of the hazardous property condition or defect, witness statements, and testimony from relevant experts.
For more information about how a local premises liability lawyer can help you with a landlord negligence claim, contact Koch & Brim, LLP for a free consultation.