Premises Liability Complaint - Nevada

PREMISES LIABILITY COMPLAINT — NEVADA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Duty of Reasonable Care
6. First Cause of Action — Negligence (Premises Liability)
7. Second Cause of Action — Failure to Warn
8. Third Cause of Action — Negligent Maintenance / Inspection
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. State-Specific Notes
14. Sources and References

1. CAPTION

IN THE [____] JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF [COUNTY NAME]

2. PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY], [COUNTY] County, Nevada.

2. Defendant [DEFENDANT FULL NAME] ("Defendant") is [an individual residing in / a corporation organized under the laws of / a limited liability company formed under the laws of] [STATE], and at all relevant times was the [owner / lessee / occupier / manager] of the real property located at [PROPERTY ADDRESS], [CITY], [COUNTY] County, Nevada (the "Premises"). Defendant may be served with process at [ADDRESS FOR SERVICE].

3.

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to Nev. Const. art. 6, § 6, as the District Court has original jurisdiction over all civil matters not assigned to the justice courts, and the amount in controversy exceeds $15,000 (the jurisdictional ceiling of the justice court under NRS 4.370).

5. Venue is proper in [COUNTY] County pursuant to NRS 13.040 because [Defendant / at least one Defendant] resides in this county. [If no Defendant resides in Nevada or the Nevada county of residence is unknown, plead the applicable statutory alternative.]

6. The amount in controversy exceeds $15,000, exclusive of interest and costs.

4. FACTUAL ALLEGATIONS

7. At all relevant times, Defendant [owned / leased / occupied / managed / controlled] the Premises located at [PROPERTY ADDRESS], [CITY], Nevada [ZIP CODE].

8. On or about [DATE OF INCIDENT], Plaintiff was [lawfully present on / entering / exiting] the Premises for the purpose of [PURPOSE OF VISIT].

9. At the time of the incident, there existed on the Premises a dangerous condition, specifically: [DESCRIBE DANGEROUS CONDITION IN DETAIL].

10. Defendant had [actual / constructive] knowledge of the dangerous condition because:

☐ Defendant created the dangerous condition.

☐ Defendant had actual knowledge of the condition through [DESCRIBE].

☐ The condition existed for a sufficient period of time that Defendant, in the exercise of reasonable care, should have discovered it.

☐ The condition was part of a recurring hazard known to Defendant.

11. As a direct result of the dangerous condition, Plaintiff [DESCRIBE INCIDENT] and sustained serious injuries.

5. DUTY OF REASONABLE CARE

12. At the time of the incident, Plaintiff was lawfully present on the Premises for [PURPOSE].

13. Defendant owed Plaintiff a duty of reasonable care under the circumstances, which may include reasonable inspection, maintenance, correction, or warning depending on the facts. Nevada does not determine the duty to lawful entrants through rigid invitee/licensee categories. Foster v. Costco Wholesale Corp., 128 Nev. 773, 291 P.3d 150 (2012).

6. FIRST CAUSE OF ACTION — NEGLIGENCE (PREMISES LIABILITY)

(Against [DEFENDANT NAME])

14. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 13 above.

15. Defendant owed Plaintiff a duty to exercise reasonable care. NRS 41.130.

16. Defendant breached this duty by [failing to maintain / failing to inspect / failing to repair / failing to warn].

17. Defendant's breach was a proximate cause of Plaintiff's injuries and damages.

7. SECOND CAUSE OF ACTION — FAILURE TO WARN

(Against [DEFENDANT NAME])

18. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

19. Defendant knew or should have known of the dangerous condition.

20. Defendant failed to provide adequate warning to Plaintiff.

21. Defendant's failure to warn was a proximate cause of Plaintiff's injuries.

8. THIRD CAUSE OF ACTION — NEGLIGENT MAINTENANCE / INSPECTION

(Against [DEFENDANT NAME])

22. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

23. Defendant had a duty to conduct reasonable inspections and maintain the Premises.

24. Defendant negligently failed to inspect and/or maintain the Premises, specifically [DESCRIBE].

25. Defendant's negligent maintenance or failure to inspect was a proximate cause of Plaintiff's injuries.

9. DAMAGES

26. As a proximate result of Defendant's negligence, Plaintiff has suffered the following damages:

a. Medical Expenses: Past and future reasonable and necessary medical expenses.

b. Lost Wages and Earning Capacity: Past and future loss of wages and earning capacity.

c. Physical Pain and Suffering: Past and future physical pain and suffering.

d. Mental Anguish: Past and future mental anguish and emotional distress.

e. Physical Impairment: Past and future physical impairment and disability.

f. Disfigurement: Past and future disfigurement.

g. Loss of Enjoyment of Life: Past and future loss of enjoyment of life.

h. Loss of Consortium: [IF APPLICABLE — Loss of consortium.]

10. JURY DEMAND

27. Plaintiff hereby demands a trial by jury on all issues triable by jury.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant as follows:

1. General damages in an amount to be determined at trial;
2. Special damages including medical expenses and lost wages;
3. Pre-judgment and post-judgment interest as allowed by law;
4. Costs of suit and attorneys' fees where applicable;
5. Such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________________
[ATTORNEY NAME], Nevada Bar No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Nevada [ZIP CODE]
Telephone: [PHONE]
Facsimile: [FAX]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

12. VERIFICATION

STATE OF NEVADA
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being first duly sworn, depose and say that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge and belief.

________________________________________
[PLAINTIFF FULL NAME]

SUBSCRIBED AND SWORN TO BEFORE ME on [DATE].

________________________________________
Notary Public
My Commission Expires: [DATE]

13. STATE-SPECIFIC NOTES

Duty to Entrants. Nevada applies a general reasonable-care duty to lawful entrants rather than different duties based on invitee/licensee labels. NRS 41.515 separately limits specified duties to trespassers.

Modified Comparative Negligence (51% Bar). Under NRS 41.141, a plaintiff's recovery is barred if the plaintiff's negligence is greater than the defendant's (or combined defendants'). If not barred, the jury returns total damages and the court reduces them by the plaintiff's percentage of fault.

Two-Year Statute of Limitations. NRS 11.190(4)(e) provides two years after accrual. Determine accrual and tolling from the facts.

Open and Obvious Defense. The "open and obvious" defense does not automatically protect property owners. Courts consider factors including lighting, noise, distractions (especially in casinos), and whether the plaintiff could reasonably have been expected to notice the hazard. Rolain v. Wal-Mart Stores, Inc. (D. Nev. 2013).

Government Claims. NRS 41.036 permits filing within two years after accrual with the Attorney General for State claims or the governing body for political-subdivision claims, but subsection 3 says filing is not a condition precedent to suit. NRS 41.035 generally caps covered tort damages at $200,000, exclusive of postjudgment interest.

Casino/Hotel Premises. Nevada has significant premises liability case law involving casinos and hotels given the state's hospitality industry. Constructive notice can be proven through surveillance footage, inspection logs, and maintenance records.

No General Damages Cap. Nevada does not cap general damages in standard negligence cases against private parties.

14. SOURCES AND REFERENCES

• NRS 41.130 — General negligence liability
• NRS 41.141 — Comparative negligence
• NRS 11.190(4)(e) — Two-year statute of limitations
• NRS 41.515 — Trespasser liability limitations
• NRS 41.510 — Recreational use immunity
• NRS 41.031–41.038 — Government liability
• Foster v. Costco Wholesale Corp., 291 P.3d 150 (Nev. 2012)