Elements for a Claim of Premises Liability

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In Nevada, the elements for a claim of premises liability (slip and fall, trip and fall, etc.) are:

  1. Defendant is the owner of or in control of premises;
  2. Plaintiff is a permissive user of the premises;
  3. A dangerous condition exists on the premises;
  4. Defendant caused, knew of, or should have known of the alleged dangerous condition; and
  5. The dangerous condition caused Plaintiff to suffer injury and/or other damages.

Rolain v. Wal-Mart Stores, Inc., 2013 U. S. Dist. LEXIS 14373 (March 26, 2013); Foster v. Costco Wholesale Corp., 291 P. 3d 150 (Nev. 2012) (duty of reasonable care for the safety of persons entering the land extends “to all entrants on the land (except for flagrant trespassers)”, concluding that “landowners bear a general duty of reasonable care to all entrants, regardless of the open and obvious nature of dangerous conditions.”  The Court then went on, stating that the “duty issue must be analyzed with regard to foreseeability and gravity of harm, and the feasibility and availability of alternative conduct that would have prevented the harm.”); Coblentz v. Hotel Emp. & Rest. Empl. Union Welfare Fund, 112 Nev. 1161, 1171-72, 925 P.2d 496, 502 (1996); Rogers v. Tore, Ltd., 85 Nev. 548, 550, 459 P. 2 214, 215 (1969); Restatement (Third) of Torts: Physical and Emotional Harm, § 51 (“[A] land possessor owes a duty of reasonable care to entrants on the land with regard to: (a) conduct by the land possessor that creates risks to entrants on the land; (b) artificial conditions on the land that pose risks to entrants on the land; (c) natural conditions on the land that pose risks to entrants on the land; and (d) other risks to entrants on the land when any of the affirmative duties . . . is applicable.”

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.