Evidence in Nevada Premises Liability Cases

In Nevada premises liability cases, evidence makes the difference in whether you recover compensation and how much. 

Types of Evidence in Premises Liability Cases

Photographs and Video Footage

Clear images or videos of the hazardous condition, such as a wet floor, broken staircase, or missing handrail, can show that a dangerous situation existed and the property owner’s failure to maintain safe conditions.

Incident Reports

Many businesses and property owners create Nevada incident reports after an injury occurs. These reports often include details about the accident, witness information, and the condition of the property at the time. Reports on previous incidents can also demonstrate a pattern of negligence.

Maintenance and Inspection Records

Gaps in inspection schedules or ignored maintenance issues can help prove negligence.

Witness Testimony

Statements from people who saw the accident or knew about the hazardous condition can strongly support your case.

Medical Records

Medical documentation proves the extent of your injuries and connects them directly to the accident.

Expert Testimony

In complex cases, experts such as engineers, safety consultants, or medical professionals can explain how the property failed to meet safety standards or how the injuries occurred.

What You Must Prove

Under Nevada law, to win a premises liability case, you must prove four elements:

• Duty of Care: The property owner owed you a legal duty to maintain safe conditions because you were lawfully on the property as an invitee or licensee.
• Breach of Duty: The property owner breached this duty by failing to inspect, repair, or warn about dangerous conditions on the premises.
• Causation: The owner’s breach directly caused your accident and resulting injuries. The hazardous condition must be a substantial factor in causing the harm.
• Damages: You suffered actual damages, such as medical expenses, lost income, pain and suffering, or other measurable losses.

An invitee is someone who enters a property for the benefit of the property owner, such as a customer in a store or a guest at a hotel. A licensee is someone who enters with the owner’s permission for their own purpose, like a social guest at a private home. Property owners owe a higher duty of care to invitees.

Preserving and Gathering Evidence

Taking immediate action after an injury is critical. Here are the steps to take:

• Photograph the scene and your injuries as soon as possible.
• Request a copy of any incident report.
• Collect contact information from witnesses.
• Seek prompt medical treatment and follow all recommendations.
• Preserve any physical evidence, such as clothing or shoes involved in the accident.

Detailed documentation makes liability harder to dispute, and supports higher compensation by demonstrating the impact of your injuries on your life.  

How a Lawyer Helps with Evidence

A premises liability lawyer in Las Vegas, Nevada knows how to gather, preserve, and present evidence effectively. Attorneys send preservation letters to prevent businesses from destroying critical surveillance footage. They subpoena records, interview witnesses, consult experts, and build a strong case to prove liability. 

A skilled lawyer also protects you against comparative negligence defenses which reduce your compensation. Property owners and insurance companies often argue that a victim caused or contributed to their injury — for example, by claiming you ignored warnings, wore improper footwear, or acted carelessly. If they succeed, the court can reduce your award based on your percentage of fault. If you are found more than 50 percent at fault, you lose the right to recover any compensation.