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Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Las Vegas Personal Injury Law introduction on our home page. Also, you can get an overview of other claims like Wrongful Death, Auto Accidents, Slip & Fall, and Products Liability before you explore the Article below.

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  • Evidence Of Prior Accidents
  • Knowledge Of Latent Property Danger


  • Knowledge Of Latent Property Danger

    Twardowski v. Westward Ho Motels, Inc., 86 Nev. 784, 476 P.2d 946 (1970):

    A landowner must exercise ordinary care and prudence to render the premises reasonably safe for the visit of a person invited on his premises for business purposes. Hotel El Rancho v. Pray, 64 Nev. 591, at 606, 187 P.2d 568 (1947)

    General rule has been that an owner or occupant of lands or buildings who knows, or in the exercise of reasonable care should know, of their dangerous and unsafe condition and who invites others to enter upon the property owes to such invitees a duty to warn them of the danger, where the peril is hidden, latent, or concealed or the invitees are without knowledge thereof. Nevada Transfer and Warehouse Co. v. Peterson, 60 Nev. 87, 89 P.2d 8 (1939)

    If a peril is hidden, latent or concealed (as compared to an obvious danger) ordinary care requires an owner, with actual or constructive knowledge of the peril, to warn the invited guest who is without such knowledge. Worth v. Reed, 79 Nev. 351, 384 P.2d 1017 (1963)

    If the danger is obvious, ordinary care does not require a warning the owner because obviousness serves the same purpose. Worth at 354.

    Where the danger is obvious, a plaintiff is barred from recovery, but an invitee’s knowledge of a dangerous condition may not bar recovery if his mission justifies encounter of it.

    The owner or occupier of land has a duty to an invitee to inspect the premises to discover dangerous conditions not know to him and to take reasonable precautions to protect the invitee from dangers which are foreseeable from the arrangement or use. (Prosser, 3rd ed. 1964)

    If a reasonable inspection would have revealed a latent or concealed danger they are chargeable with constructive notice of the danger. A question of fact for the jury.

    Constructive knowledge of a latent defect can be established by circumstantial knowledge. In this case, no inspection of the swimming pool slide for 1 ˝ years since installation.

    A swimming pool slide is an inducement to attract travelers to patronize a motel.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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