In a decisive ruling, a Nevada court has granted Wood Smith Henning & Berman's motion for summary judgment in a personal injury case stemming from a shooting incident at a rental property in Las Vegas. Led by Las Vegas managing partner, Janice Michaels, the WSHB team including Kyle Hoyt argued their way to victory on behalf of owners of a short-term rental. The case involved homeowners who utilized an online marketplace in order to rent their property to a third-party tenant, who subsequently hosted a party in violation of house rules, leading to a nearby shooting away from the home that injured the plaintiff.
The defendant homeowners owned a single-family home in Las Vegas, Nevada, which they rented out through an online platform provided by WSHB's client. The renters, who indicated on their application that the premises would be occupied by two adults for two days, received a "House Rules" document prior to the rental, which explicitly prohibited parties. Additionally, a video camera was installed at the front of the house for added security.
Against the house rules, and unbeknownst to the homeowners, the renters hosted a party. The plaintiff, who attended the party after consuming marijuana and alcohol, became involved in a dispute with other attendees. The altercation continued outside the premises, culminating in the plaintiff being shot approximately four houses away from the rental property.
The plaintiff filed a complaint against the rental marketplace, the homeowners, and the renters of the property. He claimed Innkeeper Liability among other causes of action. Under Nevada law, landowners have a duty to maintain their premises in a reasonably safe condition. However, the court found that the injury did not occur on the premises and was not related to any dangerous condition on the property.
Although the court determined that the rental of a residential property through an online rental marketplace fell within the scope of the Innkeeper Liability statute, the injury of the plaintiff was not foreseeable and there was no evidence that the plaintiffs failed to take reasonable measures to make the property safe. In addition, the defendant homeowners did not have notice of any prior acts of violence or other incidents that could have endangered the plaintiff. Furthermore, the homeowners established clear rules, including a "no party" policy, and installed a security camera to enhance safety.
Based on these findings, the court granted summary judgment in favor of the defendants, concluding that they exercised due care and had no notice of any dangerous conditions.
"We are pleased with the court's ruling, which reaffirms that our clients took necessary precautions to ensure safety and security," said senior counsel, Kyle Hoyt. "This decision underscores the importance of adhering to house rules and the measures property owners can take to mitigate risks."
WSHB managing partner, Janice Michaels added, "Our team did an excellent job defending this case and securing a just outcome for our clients. This ruling highlights our commitment to providing top-notch legal representation and achieving the best possible results for the clients in our care."
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