Does Premises Liability Cover Wrongful Death?
The death of a loved one due to the negligence or recklessness of another party can be heartbreaking. It can also leave families with a financial burden as well as emotional pain. If the death was due to the negligence or recklessness of a property owner, you might be able to bring a premises liability claim against that person.
Speak with a Henderson premises liability lawyer at Cameron Law if your loved one lost their life because of someone else’s negligence. Our lawyer will investigate your case and explain what you can do to seek justice and obtain the compensation to which you are entitled.
Does Premises Liability Cover Wrongful Death?
The answer is yes, under certain conditions. Property owners have a duty of care when it comes to maintaining their property in a safe manner for other people. If they fail in this duty and someone dies as a result, then the family of the deceased may be able to sue for wrongful death due to premises liability.
What Types of Premises Liability Cases Can Result in Wrongful Death?
Premises liability cases that can result in wrongful death include those involving slips, trips, falls, inadequate maintenance and security, and poor lighting. Other cases could include third-party violence or injury from hazardous materials on the property or any type of dangerous activity taking place on-site. In short, any situation where a property owner fails to maintain their premises in a safe manner can potentially lead to wrongful death if someone is injured as a result.
What Damages Can You Recover in a Wrongful Death Lawsuit Against a Property Owner?
Depending on the circumstances of your case, you may be able to recover damages such as:
- medical expenses related to the injury or illness leading up to the death
- funeral expenses
- loss of companionship
- lost wages if your loved one was employed at the time
- pain and suffering endured by your loved one before passing away
The amount awarded will depend upon several factors, such as how much fault lies with each party involved (if more than one) and whether or not punitive damages are applicable. Under Nevada Revised Statutes § 42.005, punitive damages are available when the plaintiff can prove that the defendant engaged in fraudulent or malicious conduct or acted with oppression.
What Do You Need to Prove in Your Premises Liability Case?
To prove that your loved one’s death was due to premises liability on behalf of another person, you must first establish that there was negligence on behalf of the property owner in maintaining their premises safe for others.
You must also prove that this negligence directly caused your loved one’s injuries leading up to them passing away from those injuries. Additionally, you must prove that there were actual damages suffered by yourself or your family members due to this incident (i.e., medical bills and/or funeral costs).
Do You Need to Hire a Lawyer to Bring a Wrongful Death Lawsuit Against a Property Owner?
Yes. While it is possible for individuals who are familiar with personal injury law themselves to bring a lawsuit against someone else without hiring an attorney first, it is not recommended since hiring a lawyer can increase your chances of success significantly. Lawyers understand how premises liability cases work better than laypeople do. Furthermore, attorneys usually have access to resources like expert witnesses who can help strengthen your case even further, which would otherwise not be available if you went through litigation alone.
By consulting an experienced lawyer, individuals can feel confident that all evidence necessary will be collected correctly and presented properly during trial proceedings.
Get the Legal Assistance You Can Count on
When someone dies because another person failed in their duty of care towards others on their property, then it is important that those responsible are held accountable for their actions through a wrongful death lawsuit based upon premises liability law. Our lawyer at Cameron Law can provide you with the legal assistance you need to help you and your family through this difficult period. Call 702-745-4545 to schedule a free case review.
Source:
leg.state.nv.us/nrs/NRS-042.html#NRS042Sec005
