SUITE #222
NV 89113
Written by Danielle Miller
Most people assume that forming an LLC completely insulates them from personal lawsuits. In Las Vegas, that assumption gets tested frequently — especially in premises liability cases involving rental properties, commercial spaces, and mixed-use buildings. I’ve worked with injury victims who were told by the opposing party that “the LLC owns the property, not me,” as if that statement alone ends the conversation. It doesn’t.
At Miller Personal Injury Attorneys Las Vegas, we handle premises liability claims across Nevada, including clients throughout Reno and Clark County. The question of who is actually liable — the entity, the individual owner, or both — comes up in a significant number of our cases. Here’s what you actually need to know.
Can an Individual Owner of an LLC Be Held Liable for Premises Liability in Las Vegas?
Yes. Under Nevada law, an LLC’s limited liability protection is real, but it is not absolute. A court can hold an individual member or manager personally liable in at least two distinct ways.
First, if the individual was personally negligent — meaning they directly caused or contributed to the dangerous condition — the LLC structure does not shield them from that personal conduct. Forming an entity doesn’t eliminate accountability for your own actions. If a property manager who is also the sole LLC member personally ignored a broken staircase railing for months despite knowing tenants used that staircase daily, a court can reach that individual directly.
Second, Nevada courts can “pierce the corporate veil,” extending liability to an LLC owner when the entity is used as a sham or alter ego. Under Nevada law, courts look at factors like whether the owner commingled personal and business funds, whether the LLC was adequately capitalized, whether the formalities of the entity were maintained, and whether the LLC was being used to perpetrate a fraud or injustice. This doctrine is recognized under Nevada’s LLC statutes and has been applied in premises contexts where an owner treated a property as a personal asset while simultaneously claiming the LLC’s liability shield.
So the short answer: if you were injured on property owned by an LLC, the individual owner behind that entity may be a legitimate defendant in your claim. Don’t let the presence of an LLC filing discourage you from pursuing all responsible parties.
How Nevada Premises Liability Law Applies to This Situation?
Nevada uses a single duty of reasonable care under the circumstances, regardless of why the visitor was on the property. This standard comes from the Nevada Supreme Court’s decisions in Moody v. Manny’s Auto Repair, 110 Nev. 320, 871 P.2d 935 (1994), and Foster v. Costco Wholesale Corp., 128 Nev. 773, 291 P.3d 150 (2012). The property owner — whether that’s the LLC, the individual, or both — must act as a reasonable person would in managing the property and addressing hazards.
What this means practically: if a hazard existed and the owner knew about it or should have known about it, they had an obligation to address it or warn visitors. Nevada courts do not automatically excuse a landowner because the hazard was visible or obvious. Under Foster, the open and obvious nature of a danger is one factor a jury weighs alongside comparative fault — not a blanket defense that ends the case.
Under NRS 41.141, Nevada follows a modified comparative fault rule. A plaintiff can recover as long as their own fault does not exceed the total fault of the defendants. Damages are reduced by the plaintiff’s percentage of fault. If the injured person is found to be, say, 30% at fault and the property owner 70%, the injured person still recovers 70% of the total damages. Cornell Law School has useful background on how comparative fault frameworks operate across jurisdictions if you want the broader legal context.
Why the LLC Question Matters for Your Claim?
In my experience, the LLC structure is sometimes used strategically. A property owner will create an LLC, undercapitalize it, and then, when something goes wrong, point to the entity as the responsible party — an entity that may have little to no assets. If the LLC lacks insurance or assets sufficient to cover your damages, and if personal liability can be established, your claim may have real value beyond what the entity can pay.
This is one reason why early investigation matters. We look at whether the LLC was properly maintained, whether the individual owner had direct involvement in managing the property, and whether there’s a basis for alter ego liability. These are factual questions that require document review, sometimes including operating agreements, bank records, and maintenance logs.
The American Bar Association has published guidance on when courts disregard entity structures, and FindLaw offers accessible summaries of veil-piercing standards for general reference. For Nevada-specific case law, Justia maintains a searchable database of Nevada Supreme Court opinions, including decisions touching on LLC liability and premises law.
What to Do If You Were Hurt on an LLC-Owned Property?
Document everything immediately. Take photographs of the hazard, get the names of any witnesses, and seek medical attention. Your health comes first, and your medical records will form the foundation of your claim.
Identify the property owner as specifically as possible. A quick search of Clark County property records can reveal the name of the LLC that holds title. From there, the Nevada Secretary of State’s business registry shows the registered agent and, in many cases, the managing members.
Under NRS 11.190(4)(e), you have two years from the date of your injury to file a personal injury lawsuit in Nevada. That deadline applies to bodily injury claims. Missing it almost certainly ends your ability to recover anything, so don’t wait.
Learn more about our team and how we approach premises liability investigations across Nevada.
Talk to a Lawyer Before Assuming the LLC Protects the Owner
The legal relationship between a property’s LLC and the individual behind it is not always as clean as the owner would like you to believe. If you were injured on property in Las Vegas and the responsible party is pointing to an LLC as a barrier, that isn’t the end of the analysis — it’s the beginning.
Miller Personal Injury Attorneys Las Vegas represents injury victims across Nevada, including clients in Reno and throughout Clark County. We also handle related personal injury claims involving wrongful death and other serious injuries when the facts call for it.
To discuss your situation, contact us or call (702)-330-0013. You can also visit our office at 4955 S Durango Dr Suite 222, Las Vegas, NV 89113. The consultation is free, and we’ll give you a straight answer about who may actually be responsible for what happened to you.