If you are injured while on a commercial property or business, such as a casino, supermarket, gas station or shopping mall store, you may be able to recover substantial monetary damages from the owner, or the owner’s insurance company. In most states, including Nevada and California, the owner or occupant of the property and the business owner has an ongoing duty to warn guests, patrons, shoppers and others who are on the premises of any dangerous conditions that could cause injury. The business owner also has the responsibility to fix or repair any dangerous condition so that the premises are reasonably safe. If the owner or occupant breaches that duty by failing to warn you about a dangerous condition and you’re injured as a result, then the business owner and its insurance company will be held legally responsible for all your resulting damages. This includes, without limitation, your past and future medical expenses, past and future lost wages and opportunities, past and future pain, suffering and emotional distress, permanent scarring and disfigurement, and the loss of the quality and enjoyment of your life.
In order to win your case, however, you must be able to prove (i) that there was a dangerous or defective condition on the premises; (ii) that the owner or occupant knew, or should have known about the condition; (iii) that the owner or occupant had a reasonable opportunity to correct the condition or warn of its existence; (iv) that you acted reasonably under the circumstances; and (v) that the dangerous condition was the proximate cause of your injuries.
If you or someone you know have been injured in a commercial setting, you should not give a recorded statement to the owner’s representatives or its insurance company without first speaking to an experienced attorney. The insurance company does not represent you and only wants to limit the amount of money it may ultimately be forced to pay.
Edward J. Achrem & Associates has more than 40 years of trial experience and has won numerous multi-million dollar cases for our clients over the years. In one recent case our firm handled, a 69 year old woman slipped and fell while walking down a set of stairs near a large supermarket, which the owner had failed to maintain, resulting in severe brain damage. Mr. Achrem was ultimately able to recover nearly $5,000,000.00 for his client and her husband.
You can reach us at (702) 734-3936; or if you’re outside Nevada, call (888) 734-6789. From the claim to the courthouse, we’re here to help.