QUESTION

I fell one someones property hurt my hand, can't work. Can I collect on homeowners insuance?

Asked on Sep 13th, 2013 on Personal Injury - Nevada
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1 ANSWER

R. Christopher Reade
Your question does not specify what you believe the property owner did wrong to create the hazard which you allege caused your injury. In Nevada, a proprietor owes an invitee a duty to use reasonable care to keep the premises in a reasonably safe condition for use. Elko Enterprises v. Broyles, 105 Nev. 562, 565, 779 P.2d 961, 964 (1989). Merely because there is a slip on the property does not prove negligence by the property owner or that any such negligence caused the slip and fall. The Nevada Supreme Court has recently refined the standard for premises liability in Nevada in Foster v. Costco, 291 P.3d 150 (December 27, 2012). The new standard is based on the general duty of reasonable care: a land possessor owes a duty of reasonable care to entrants on the land with regard to: (a) conduct by the land possessor that creates risks to entrants on the land; (b) artificial conditions on the land that pose risks to entrants on the land; (c) natural conditions on the land that pose risks to entrants on the land; and (d) other risks to entrants on the land when any of the affirmative duties are applicable. While there is the possibility if the claim is small enough that the homeowners insurance policy may pay the de minimis value of the claim just to close it, liability centers on what the homeowner did wrong in creating or not abating a risk.
Answered on Sep 13th, 2013 at 2:57 PM

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