Legal findings that take place in other states oftentimes influence national laws and laws in other states over time. A recent finding in Nevada by the Supreme Court of that state may have implications down the line for premise liability claims filed in other states.
In a case filed against a major big-box retailer, the Nevada Supreme Court found that the fact that a dangerous condition may be open and obvious does not mean that the landowner doesn’t have a duty to take care of someone who was injured on the property. This is a significant finding, since it would likely affect a lot of premise liability claims that are filed in other states across the nation.
Open and Obvious
The legal definition of “open and obvious” is obviously something that lawyers will likely be arguing in court over for a very long time. A little bit of common sense, however, reveals what a phrase like this likely means. A floor with a sign on it indicating that it is wet, for instance, would be an open and obvious hazard, according to any reasonable person, in all likelihood. What a finding like this means is that, simply because a property owner flags something as being dangerous doesn’t mean that they can get away with not taking care of someone who was hurt on their premises.
Premise Liability Claims
Most premise liability claims are associated with slip and fall accidents. The reason for this is not, as some people who like to make a political issue out of lawsuits would have you believe, because people find these claims to be easy ways to get money. The reason that slip and fall accidents result in so many liability claims is simply because slip and fall accidents are oftentimes far more dangerous and devastating than people may assume. People are killed every year in slip and fall accidents.
If you’re considering filing a premise liability claim, don’t let the fact that there was some signage that was supposed to warn you of a hazard dissuade you from speaking with an attorney. Let the attorney take a look at the circumstances of your incident and determine whether or not it seems likely that you do have a chance of winning a lawsuit. You may find that the premises owner actually does have some liability for your injury and that you could stand to win compensation.