When a person slips on someone else’s property, it may seem like a minor mishap until their head hits the ground and nothing feels the same again. A moment of imbalance becomes a lifetime of memory loss, blurred vision, or speech that doesn’t return to normal. Especially in Las Vegas, where private property, hotels, and retail businesses see thousands of visitors daily, one fall can do more than cause embarrassment. It can inflict a traumatic brain injury that alters a person’s life forever.
In this guide, Slip-and-Fall Traumatic Brain Injuries in Nevada: Is the Property Owner Criminally Liable?, you’ll learn how the law holds property owners accountable, not just in civil court, but in some cases, through criminal liability. Nevada’s premises liability laws don’t simply ask whether a fall occurred. They ask whether a property owner failed in their legal duty to maintain safe premises, whether the injury was foreseeable, and whether negligent property owners should be held liable for life-changing injuries.
If you or someone you care about has suffered a fall on someone else’s property, ask yourself: Was it an accident, or was it preventable? And more importantly, is the clock ticking on the justice they deserve?
For specific legal advice catered to your case, reaching out to a slip and fall lawyer or a brain injury attorney is essential.
Understanding Premises Liability in Nevada
Under Nevada law, property owners must maintain safe premises for all lawful visitors. Premises liability refers to the legal responsibility they carry to ensure that their property remains reasonably safe and free of hazards. When a property owner’s negligence results in unsafe conditions, serious injuries can follow, especially in slip and fall accidents.
These premises liability claims often stem from conditions such as:
- Wet floors without warning signs
- Broken stairs or handrails
- Inadequate lighting in hallways or parking lots
- Negligent security leading to foreseeable criminal activity
In Nevada, NRS §41.130 governs premises liability cases. If a property owner failed to correct known hazards or warn visitors, they may be held liable for injuries caused. This includes injuries sustained in swimming pool accidents, negligent security cases, or slip and fall accidents.
Traumatic Brain Injury After a Fall: Why It Matters
A traumatic brain injury (TBI) isn’t just a bump on the head. It’s a life-changing injury that may cause memory loss, significant pain, impaired mobility, or even wrongful death. Traumatic brain injuries pose an even greater danger to older adults and children, who are more physically vulnerable and less likely to recover quickly.
Victims may require:
- Extensive medical treatment
- Emergency surgery or long-term rehabilitation
- Constant supervision or assisted care
The costs skyrocket. Medical bills, lost wages, emotional distress, and reduced quality of life become part of the equation. That’s why premises liability claims must reflect the full impact of the injury, not just the immediate aftermath.
When Is a Property Owner Liable?
A slip and fall injury doesn’t automatically make the property owner at fault. Nevada’s premises liability law considers several factors:
- Was the injured party lawfully on the property? Trespassers have limited protection under Nevada law.
- Did the property owner know or should they have known about the unsafe condition?
- Did the owner take reasonable steps to prevent foreseeable harm?
For example, a business owner who repeatedly ignores reports of a leaky roof creates a clear hazard. If a customer slips on the resulting wet floor, the owner may face a premises liability lawsuit. Similarly, if the owner refuses to repair broken lights in a stairwell and someone falls as a result, the breach of legal duty becomes even more apparent.
Can Property Owners Be Criminally Liable?
Civil liability is different from criminal liability. But under extreme circumstances, a property owner’s negligence might rise to criminal recklessness, especially in cases involving gross negligence or willful misconduct.
Criminal charges may apply when:
- The property owner intentionally ignores dangerous conditions
- The conditions result in foreseeable criminal activity (like assaults due to inadequate security)
- The owner violated building safety codes or knowingly created unsafe conditions
Nevada law doesn’t treat all negligence as a crime, but when a property repeatedly poses serious hazards, the owner may face criminal consequences, and prosecutors may pursue charges in conjunction with a civil slip and fall lawsuit.
Examples of Criminal Negligence
- A landlord ignores months of tenant complaints about a collapsing balcony. The balcony finally gives way, causing a traumatic brain injury.
- A nightclub disables security cameras and fails to monitor entrances, leading to foreseeable harm.
- A store refuses to fix electrical issues, resulting in falls due to inadequate lighting.
In these cases, the court might award punitive damages not just to compensate the injured party, but to punish the property owner’s reckless behavior and deter similar misconduct in the future.
Legal Duty and Property Owner’s Negligence
Every property owner in Nevada has a legal duty to ensure their property is reasonably safe. Whether it’s a private property or a commercial location, failing to uphold that duty may trigger legal responsibility. An experienced slip and fall lawyer can help investigate whether the property owner’s negligence created unsafe conditions and establish liability in a slip and fall injury claim.
These cases often rely on:
- Photographs of the unsafe area
- Eyewitness accounts
- Medical records showing the extent of the injury
How Nevada Law Protects Injured Victims
Nevada’s premises liability laws favor those who can prove the property owner was at fault. That said, Nevada follows the modified comparative negligence rule under NRS §41.141. If the injured person was less than 51% at fault, they can still pursue compensation.
In a slip and fall lawsuit, the injured party may recover damages for:
- Medical expenses (including future costs)
- Lost wages
- Non-economic damages such as emotional distress, pain, and suffering
If the injured party dies, their family may bring a wrongful death claim against the liable party.
Filing a Premises Liability Lawsuit in Nevada
To file a premises liability lawsuit, the injured party must act within Nevada’s statute of limitations. Under NRS 11.190(4)(e), personal injury claims must be filed within two years from the date the accident occurred. Delaying legal action could forfeit the right to recover compensation.
Steps to file a claim:
- Document injuries and gather medical records
- Report the slip and fall accident to the property owner
- Collect evidence from the accident site
- Consult a slip and fall accident lawyer to evaluate your case
Many experienced personal injury lawyers operate on a contingency fee basis, which means they receive payment only if they successfully recover compensation for you. It is essential to confirm the fee structure during your initial consultation.
Know Your Legal Options and Rights
Slip and fall accident injuries often lead to more than just physical pain; they spark personal injury cases that can uproot lives, drain finances, and place overwhelming stress on families. A strong premises liability claim can help the injured party seek fair compensation for medical costs, lost income, and emotional trauma.
Don’t wait for your legal options to expire. If you or a loved one has suffered harm on another person’s property, you may have the right to pursue a personal injury case, hold the liable party responsible, and begin the legal process.
The Bourassa Law Group is here to help you understand your rights, prove the property owner’s breach, and navigate every step of your slip and fall case. Contact us today for a free consultation, and let our experienced attorneys guide you forward with precision and legal expertise.
1-800-870-8910