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Dedicated to Protecting the Rights of Negligence Victims in Nevada
Have you or a loved one been injured because of someone else’s negligence in Las Vegas, NV? You deserve justice and the compensation needed to rebuild your life. At SJW Car Accident & Personal Injury Lawyers Las Vegas, we offer dedicated, compassionate legal representation, guiding you through the complexities of Nevada law to ensure you receive the fair outcome you deserve.
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Understanding Negligence in Nevada
Negligence happens when someone fails to act with reasonable care, resulting in harm to another person. To succeed in a negligence claim in Nevada, four elements must be proven:
1.) Duty of Care: The defendant must have had a legal obligation to act in a way that ensured the safety of others. For example, hotel owners have specific responsibilities to protect their guests under Nevada Revised Statutes (NRS) Chapter 651, which includes maintaining safe premises.
2.) Breach of Duty: You need to show that the defendant breached this duty by either doing something they shouldn’t have or failing to do something they should have. For instance, if a hotel owner neglects to fix a known hazard, like a broken handrail, they may be in breach of their duty.
3.) Causation: It must be clear that the breach of duty directly led to your injury. This means proving that the defendant’s failure to act appropriately caused the harm you experienced. For example, if a guest falls because of a broken handrail, the hotel owner’s negligence is directly responsible.
4.) Damages: Finally, you must show that you suffered actual harm or losses. This could include medical bills, loss of income, pain and suffering, or other related damages.
Does This Apply to You?
- Hotel Liability for Injuries on the Property (NRS 651.015): Nevada law allows guests to hold hotels responsible if they are injured or killed on the property due to someone else’s actions. Liability depends on whether the injury was foreseeable and if the hotel owner took reasonable precautions to prevent it. If the owner knew of potential dangers and did nothing to protect guests, they could be held accountable.
- Responsibility for Defective Products: Under Nevada law, manufacturers, distributors, and retailers can be held liable if a defective product causes injury. If a product is unsafe due to a design flaw, manufacturing defect, or insufficient warnings, and you are injured as a result, you may be entitled to compensation. These cases often require proving that the defect existed when the product left the manufacturer and that it directly led to your injury.
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Common Negligence Cases We Handle
Property owners have a legal duty to maintain safe premises, ensuring that visitors are protected from harm. Under Nevada law, property owners—including innkeepers, business owners, and landlords—can be held responsible for injuries if they fail to address hazards that they knew about or should have reasonably known about. This obligation is emphasized under Nevada Revised Statutes (NRS) Chapter 651, which includes provisions holding property owners liable for failing to take precautions against foreseeable dangers.
Slip and fall accidents can happen for a variety of reasons, and these incidents are often preventable with proper care and maintenance. Common causes of slip and fall injuries include:
- Wet or Slippery Floors: Spills that aren’t promptly cleaned or floors left wet without proper warning signs can pose significant risks.
- Poor Lighting: Inadequate lighting in hallways, staircases, or parking areas makes it difficult for visitors to see potential hazards, increasing the likelihood of a fall.
- Uneven Walkways: Cracks, holes, or unexpected changes in elevation on sidewalks or floors can easily lead to trips and falls.
- Obstacles in Walkways: Items left in paths, such as boxes, cables, or debris, create tripping hazards, especially in busy areas like stores or hotels.
Wrongful death claims are intended to provide compensation for the losses endured by surviving family members. While no amount of money can replace a loved one, these claims offer a measure of justice and financial support that helps families move forward.
Under Nevada Revised Statutes (NRS) 41.085, only specific individuals can file a wrongful death claim, including the deceased person’s surviving spouse, domestic partner, children, or parents. If no such relatives exist, the personal representative of the deceased’s estate may pursue the claim to benefit heirs.
Our experienced negligence lawyers near you can help you understand these eligibility requirements and guide you through the legal process. We handle a range of wrongful death cases, including:
Fatal Car Accidents: Under Nevada law, when someone’s negligence causes a fatal car accident, their liability can lead to compensation for surviving family members. This may involve cases of reckless driving, driving under the influence, or distracted driving.
Defective Products: Manufacturers, distributors, and retailers can be held liable for fatal injuries caused by defective products under Nevada’s product liability laws. If a defect in design, manufacturing, or insufficient warnings led to your loved one’s death, you may have a wrongful death claim.
Manufacturers and sellers have a duty to ensure their products are safe for consumers. When they fail to do so, and their products cause harm, the law holds them accountable. Under Nevada law, product liability is defined in NRS 695E.090 as the legal responsibility for damages caused by defects in a product. This can include personal injuries, property damage, and other losses that occur when a product does not meet safety standards.
Product liability claims can arise in various situations, typically falling under one of three categories:
Design Defects: A product may be inherently dangerous due to the way it was designed, even if it was manufactured correctly. When a flaw in the design makes the product unsafe for its intended use, manufacturers can be held liable. Examples include unstable furniture that easily tips over or an electric appliance without adequate insulation.
Manufacturing Defects: These occur when there is an error in the production process that makes an otherwise safe product dangerous. This could involve anything from contamination during production to poor-quality materials that compromise the product’s integrity. A defect introduced during manufacturing, such as a faulty car brake system, can lead to severe injuries or death.
Failure to Warn of Potential Dangers: Manufacturers and sellers must provide clear instructions and warnings if a product poses potential risks. If they fail to do so, they may be held liable for any injuries resulting from improper use. Examples include failing to warn users about the choking hazards of small parts in toys or the risks associated with improper use of chemical-based household products.
If you’ve been injured by a defective product, you deserve to know your rights and hold those responsible accountable. Contact us to discuss your case and learn how we can help you seek justice.
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What Are My Rights Under Las Vegas, NV Negligence Law?
Understanding Nevada’s legal statutes is crucial when pursuing a negligence claim. Our negligence attorneys near you are well-versed in these laws and will guide you through how they apply to your case.
If you live in Las Vegas, NV, it’s important to know your rights and the obligations of businesses and property owners. Here’s a simplified overview of some key Nevada laws that may affect you:
Hotel Responsibilities and Guest Safety (NRS Chapter 651)
Guest Safety: Hotel owners are generally not responsible for injuries caused by someone else on their property unless they could have reasonably predicted the danger and did nothing to prevent it (NRS 651.015).
Guest Property: Hotels have limited responsibility for lost or damaged guest property unless they were grossly negligent, like not providing a secure place for valuables when it was needed (NRS 651.010).
Injuries Due to Third Parties: Under NRS 651.015, innkeepers and property owners have a duty to protect guests and patrons from foreseeable dangers caused by third parties, such as assaults or robberies. If you were injured by a third party while on someone else’s property, you may have a claim if you can show that the incident was foreseeable and the property owner failed to take reasonable precautions, like having adequate lighting or security.
Product Liability (NRS 695E.090)
A product can be defective due to issues in its design, manufacturing process, or lack of proper warnings. Responsibility can lie with the manufacturer, distributor, or retailer. Any party involved in the supply chain of the defective product could be liable, depending on the nature of the defect. Victims may be entitled to medical expenses, lost wages, pain and suffering, and sometimes punitive damages if the negligence was especially severe.
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You May Be Entitled to Compensation
If you’ve been injured due to someone else’s negligence in Las Vegas, NV, you have the right to pursue compensation that can help you get your life back on track. Here’s a breakdown of what you may be eligible to receive:
Economic Damages:
These cover the financial costs of your injury. You may be entitled to medical expenses, including hospital bills, surgeries, or ongoing therapy, as well as lost wages if your recovery has kept you from working. If your injury affects your ability to earn income long-term, you could also claim loss of earning capacity. Additionally, if any property was damaged, such as a vehicle in an accident, property damage compensation can help repair or replace it.
Noneconomic Damages:
Injuries can impact more than just your finances. Pain and suffering compensation accounts for the physical pain and emotional toll of your injury. Victims may also experience emotional distress such as anxiety or trauma, which can be addressed through compensation. If your relationships with loved ones have been negatively affected, you could claim loss of consortium, and if the injury prevents you from enjoying activities you once loved, compensation for loss of enjoyment of life may also be available.
Punitive Damages:
In some cases, if the at-fault party’s actions were especially reckless or intentional, punitive damages may be awarded. These go beyond making you whole—they’re designed to punish wrongdoers and prevent similar behavior in the future.
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How an Experienced Negligence Lawyer Near You Can Help
At SJW Car Accident & Injury Attorneys, we advocate for individuals who have been harmed by the careless actions of others. Our seasoned Las Vegas negligence lawyers are committed to providing personalized attention to every client, ensuring that your unique needs and concerns are addressed throughout the legal process.
- Extensive Experience: We have a proven track record of success in negligence cases.
- Client-Focused Approach: Your well-being is our top priority.
- Knowledge of Nevada Law: We understand the nuances of state statutes and how they apply to your case.
- No Upfront Fees: We work on a contingency fee basis—you don’t pay unless we win.
Call us at (702) 291-8007 for a Free Consultation.
Call Now: (702) 291-8007
Consultations are completely free
Statute of Limitations in Nevada for Negligence Claims
In Nevada, the law places strict time limits on how long you have to file a negligence claim. Missing these deadlines means you lose your right to seek compensation—permanently. It’s crucial to know your timeline:
- Personal Injury Claims: You typically have two years from the date of the injury to file your claim (NRS 11.190). This includes cases like slip-and-fall incidents, car accidents, or other injuries caused by negligence.
- Property Damage: For damage to your property—whether it’s your car, home, or other belongings—the limit is three years from the date the damage occurred.
- Medical Malpractice: Cases involving medical errors are even more complex. You must file within three years of the injury or one year from when you discovered (or should have reasonably discovered) the injury, whichever is sooner (NRS 41A.097).
- Wrongful Death: If you’ve lost a loved one due to someone else’s negligence, you have two years from the date of their passing to pursue a wrongful death claim.
Navigating these deadlines is vital, and missing them can result in losing your right to compensation forever. Our negligence attorneys near you in Las Vegas, NV, work diligently to make sure every claim is filed promptly, giving you the best chance to protect your rights and pursue the justice you deserve.
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Comparative Negligence in Nevada
Nevada’s modified comparative negligence rule (NRS 41.141) will play a major role in determining how much compensation you can receive. Here’s how it works:
- Shared Responsibility: In Nevada, the amount of compensation you can recover depends on your share of the blame. If you’re found to be 50% or less at fault for an accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages totaled $100,000, your recovery would be reduced by 20%, leaving you with $80,000.
- If you are found to be more than 50% at fault, you will not be entitled to receive any compensation. This means that proving liability may be crucial to receiving any financial recovery.
This rule highlights the importance of having experienced legal representation. Insurance companies often try to maximize your share of the blame to limit what they have to pay. A skilled attorney can help gather evidence, present your case effectively, and minimize your assigned fault percentage—ensuring you receive the compensation you deserve. With the stakes this high, having the right legal guidance can make all the difference.
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How SJW Car Accident & Injury Attorneys Can Help
Comprehensive Case Evaluation:
We offer a thorough analysis of your case, examining all evidence, medical records, and legal factors to determine the best course of action.
Skilled Negotiation:
Our negligence attorneys are adept at negotiating with insurance companies to secure fair settlements, ensuring you are not pressured into accepting less than you deserve.
Aggressive Litigation:
If a fair settlement cannot be reached, we are fully prepared to take your case to court. Our team has the courtroom experience necessary to advocate effectively on your behalf.
Client Support:
We handle all legal aspects of your case, allowing you to focus on recovery. Our team keeps you informed throughout the process and is always available to answer your questions.
Call Now: (702) 291-8007
Consultations are completely free
Steps to Take After an Injury
1.) Seek Medical Attention: Immediate medical care is crucial for your health and creates important documentation of your injuries.
2.) Report the Incident: File a police report or notify the property owner, depending on the nature of the incident.
3.) Gather Evidence: Collect photographs, witness contact information, and any other relevant details.
4.) Contact Our Attorneys: Reach out to SJW Car Accident & Injury Attorneys for a free consultation to discuss your legal options.
Call Now: (702) 291-8007
Consultations are completely free
Frequently Asked Questions
Do not provide a statement or accept a settlement offer without consulting a Las Vegas negligence attorney near you. Insurance companies often aim to minimize payouts.
We work on a contingency fee basis—you pay nothing upfront, and we only get paid if we win your case.
While it’s possible, navigating the legal system alone can be challenging. An experienced negligence lawyer near you can significantly improve your chances of a favorable outcome.
The timeline varies based on the complexity of your case. We strive to resolve cases efficiently while ensuring you receive maximum compensation.
Under Nevada’s comparative negligence laws, you can still recover damages if you’re not more than 50% at fault, though your compensation will be reduced by your percentage of fault.
Call Now: (702) 291-8007
Consultations are completely free
Contact SJW Car Accident & Injury Attorneys Today
Don’t let someone else’s negligence derail your life. Our dedicated team is here to listen to your story, understand your unique situation, and guide you toward the justice and compensation you deserve—all without upfront fees.
- Call us at (702) 291-8007 for a free consultation.
- Visit our office at 7570 Norman Rockwell Ln, Suite 210, Las Vegas, NV 89143.
- No upfront fees—you pay nothing unless we win your case.
You can count on us to fight for you every step of the way. Reach out today to start your path to recovery.
Call Now: (702) 291-8007
Consultations are completely free
The information provided is for general informational purposes and does not constitute legal advice. Please consult an attorney for advice regarding your specific situation.
CHAPTER 651 – PUBLIC ACCOMMODATIONS: https://www.leg.state.nv.us/nrs/nrs-651.html
CHAPTER 118A – LANDLORD AND TENANT: DWELLINGS: https://www.leg.state.nv.us/nrs/nrs-118a.html#NRS118ASec242
CHAPTER 598 – DECEPTIVE TRADE PRACTICES: https://www.leg.state.nv.us/nrs/NRS-598.html
CHAPTER 695E – LIABILITY RISK RETENTION: https://www.leg.state.nv.us/nrs/NRS-695E.html
CHAPTER 11 – LIMITATION OF ACTIONS: https://www.leg.state.nv.us/nrs/nrs-011.html
CHAPTER 41A – ACTIONS FOR PROFESSIONAL NEGLIGENCE: https://www.leg.state.nv.us/nrs/nrs-041a.html
Testimonials About Our Las Vegas Injury Law Firm
“This accident/injury Law Firm will forever be a part of our family . When in an accident you do the initial steps and for myself well …I was nervous about my car , my injuries, and everything else that comes with an accident on the road. On top of this my case couldn’t have been more work on all of the awesome lawyers at SJW . The wonderful thing is that I didn’t feel the pressure of anything . Everything from the initial phase of getting physical therapy , my car repairs , and to the closing settlement was So smooth . A previous time I had the worst circumstances ever and a previous lawyer was not able to find the driver or even be willing to investigate and the time span of everything with SJW was the opposite and I didn’t have to go to litigation or even a deposition in which Those are never comfortable. I have my trust forever in this law firm and highly recommend Shawn Walkenshaw and anyone else who represents SJW.”