If you are injured in someone’s home, you may be able to recover monetary damages from the owner, or from the owner’s insurance company. In Nevada and California, the owner or occupant of a home has an ongoing duty to warn guests, repairmen and others on the premises of any dangerous conditions that could cause injury. In addition, that person also has the responsibility of fixing or repairing any dangerous condition so that the premises are safe. If the owner or occupant breaches that duty by failing to warn you of a dangerous condition, and you’re injured as a result, then the owner or occupant of the property may be responsible for all of your damages. This would include, without limitation, your medical expenses, loss of wages, pain and suffering and emotional distress.
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 sufficient opportunity to fix or correct the condition; (iv) that you could not have avoided the accident with the exercise of reasonable diligence; and (v) that the condition caused your injuries.
If you or someone you know has been injured in an accident in someone’s home, you should not give a recorded statement to the owner’s insurance company without first speaking to an experienced attorney. The insurance company does not represent you and, in the vast majority of cases, only wants to limit the amount of money it may ultimately have to pay.