Can A Building Code Violation Be Basis For A Premises Liability Claim?
Property owners and landlords are responsible for keeping their properties safe for tenants and visitors. One way to ensure this safety is to comply with building codes and regulations. However, not all property owners prioritize the safety of their tenants over their own financial interests. This can lead to building code violations that can result in serious injuries and financial loss.
If you have been injured on someone else’s property due to a building code violation, you may be wondering if you can file a premises liability claim. Our Las Vegas premises liability lawyer at Cameron Law can investigate your incident, determine what caused your injury, and help you hold the property owner liable for your injuries and losses.
What Is a Building Code Violation?
Building codes are a set of guidelines and regulations that specify the requirements for designing, constructing, and maintaining buildings. These codes aim to ensure the safety of the occupants and visitors of the buildings. Building code violations refer to the failure of property owners to comply with these codes and regulations. Some examples of building code violations include:
- Lack of proper ventilation and airflow in a building
- Non-working smoke detectors or carbon monoxide detectors
- Broken or missing handrails on stairs or balconies
- Defective electrical wiring or outlets
- Insufficient lighting in common areas or parking lots
These are other types of building code violations that may lead to injuries. If you were injured on someone else’s property and believe your injury is the result of a building code violation, contact a lawyer to discuss your options for compensation.
Common Types of Injuries Resulting from Building Code Violations
Below are some of the most common types of injuries resulting from building code violations on someone else’s property:
- Burn injuries from touching exposed electrical fires
- Injuries caused by falling objects or walls due to structure failures
- Electrocution or electric shock due to defective electrical systems
- Head or brain injuries from falls on stairs due to missing handrails
- Carbon monoxide poisoning due to non-working detectors in a building
If you or your loved one was injured on someone else’s property due to a building code violation, you might have the basis for a premises liability claim to get compensated for your injuries and losses.
Can a Building Code Violation Be Basis for a Premises Liability Claim?
Yes, a building code violation can be the basis for a premises liability claim. Property owners have a legal duty to maintain their properties to a safe standard. Failure to comply with building codes and regulations can be considered negligence. If an individual is injured due to this negligence, they may be able to file a lawsuit against the property owner under the theory of premises liability.
The only exception is if you were a trespasser at the time of the incident. Under Nevada Revised Statutes § 41.515, property owners and landlords are not liable to trespassers for physical harm caused as a result of their failure to exercise reasonable care.
What Do You Need to Prove a Premises Liability Claim?
To prove a premises liability claim, the injured individual must prove that:
- The property owner had a legal duty to maintain their property to a safe standard
- The property owner breached this duty by not complying with building codes and regulations
- The breach of duty directly caused the individual’s injuries
- The individual suffered actual damages as a result of the injury
Proving the above-mentioned elements may be challenging, which is why you might want to hire a skilled premises liability lawyer to get the legal assistance you need.
Seek Legal Advice Today
Injuries resulting from building code violations can be severe and life-altering. If you or a loved one has been injured due to a property owner’s failure to comply with building codes and regulations, seek legal advice from our experienced lawyer at Cameron Law. Call 702-745-4545 to schedule a free case review today.