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Archive for September, 2011

Nevada biker event with shooting injuries raises safety questions

September 30th, 2011 No comments

Another Nevada event is the center of tragedy. In Reno over the weekend a shooting between rival biker gangs ended with a man being shot and killed.  Street Vibrations, a motorcycle rally held in Reno, is known for loud music and even louder bikes. But this year just a few weeks after a mass casualty event at the Reno Air Races, Street Vibrations turned deadly as well with multiple victims in what is being described as an incident yielding multiple Nevada firearm injuries.

In a state that depends on tourism and in a city like Las Vegas that hosts countless festivals, rallies and conventions of all types, safety is imperative.  However, innocent people taking part in the festivities are all too often personally injured or even killed.  While this may be purely accidental, the law allows people who have suffered a Las Vegas personal injury to seek recourse if it is believed they have a valid claim.

Of course we all hope to go and enjoy the shows and events that a wonderful city like Las Vegas brings, but sometimes despite good intentions injuries can occur.  And the events of the last few weeks have shown us that our state and local governments will soon be hearing more and more about the weaknesses of poor security or event planning.

Our law firm is experienced in dealing with the ramifications of all types of event related injuries.  From Nevada show performance injuries that may leave someone with a case of complex regional pain syndrome or a spine and back injury to a terrible tragedy in which a family finds themselves in the middle of a wrongful death case, our highly skilled Nevada injury attorneys will work hard for those left behind.  Enjoy the shows and festivities that Nevada has to offer, but remember that if you or someone you know is harmed while enjoying an event, Benson and Bingham’s knowledgeable staff of attorneys is here to serve you.

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Nevada’s military ties heighten risk of PTSD-related accidents and injuries

September 25th, 2011 No comments

A heart wrenching story of a combat decorated Marine Captain who caused a fatal DUI accident when he drove his car into oncoming lanes is turning into a question much bigger than once anticipated.  At first it seemed simple enough to assume that alcohol was to blame for the reckless actions that led to the death of a motorist.  But, as the details of the intoxicated driver’s experiences have come to light the question may be whether or not the driver suffered from severe Post-Traumatic Stress Disorder (PTSD), and whether or not it contributed to the motor vehicle accident.

Before the fatal accident the Marine Captain spent time in Iraq and Afghanistan where he was severely wounded and nearly bled to death, had severe head trauma, and suffered extreme emotional stress during his deployment.  He received the Bronze Star for his heroism during service.  But while the Marine Captain recovered well from his physical injuries; emotionally and mentally the wounds may have been too deep heal. Sleep talk, forgotten trips and waking up in unknown places were symptoms of a greater problem that some think led a once brave Marine into the situation he finds himself in today, awaiting trial for manslaughter.

PTSD, while not often visible, is a serious condition that requires attention.  Most people of course don’t suffer from the experiences previously mentioned, but many still experience PTSD from Nevada car accidents, Las Vegas animal attacks or other excessively stressful situations. At Benson & Bingham we have experience dealing with injury and accident cases involving Post Traumatic Stress Disorder in part because Nevada has more than its share of workers employed by the military and working at various military installations. In a situation as complicated as one that involves PTSD one owes it to themselves to find the best representation possible. Even though the person responsible for the Nevada accident may have been impaired by a condition like PTSD, affected families still have the right to pursue compensation under Las Vegas wrongful death laws.

If you or someone you know is showing any sign of PTSD, please get them the attention they deserve.  If you or someone you know needs counsel concerning damages resulting from or influenced by PTSD, please call our Las Vegas personal injury office and we will be glad to help in any way possible.

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Nevada automobile accident is second deadly crash in a week

September 21st, 2011 No comments

National and international news outlets have picked up the widely reported story of last week’s Nevada airplane accident at the Reno Air Races, a sudden and devastating tragedy that left the public stunned even as civilians lent a helping hand to manage the chaos of the massive crash scene. The National Transportation Safety Board has issued a preliminary report of its investigators’ findings but a full analysis will take months to compile. Early reports of dozens of injuries have been confirmed, and as the body toll begins to plateau there are 11 confirmed dead (including the 74-year-old pilot) and nearly 70 individuals who were hospitalized with their Nevada personal injuries.

A Reno-area newspaper ran a story about the disclaimer on the back of each air races ticket, borrowing from Nevada personal injury lawyers and concluding that these disclaimers are not likely to meet existing standards for failure to warn. Although in a comparable case the Nevada Supreme Court held that the owners of a minor-league baseball team sufficiently warned and protected fans from errant foul balls, the heightened risk and unpredictability of the airplane races makes for a different set of legal circumstances. The current consensus of aviation experts is that the pilot erred in choosing to use a component called the “tail trim” to control the pitch of his World War II-era plane, and when the piece broke the plane jutted upward and the pilot lost consciousness and allowed the plane to crash. The debate that will play out in Nevada court rooms is whether or not the Reno Air Races or other entities bear responsibility under Nevada wrongful death law for the deaths and injuries that resulted. Should the plane have been better scrutinized for mechanical fitness? Should more strict piloting rules have prevailed?

This story has eclipsed an otherwise shocking incident in southern Nevada, this a motor vehicle accident that claimed two lives. According to reports, a driver and his navigator were killed Sunday when a tire on their 1994 Chevy Camaro blew out and the vehicle rolled multiple times and caught fire. The men were participating in a well-established legal open-road race called the Silver State Classic Challenge when they became the latest victims of the seemingly interminable threat of tire tread separation.

Nevadans celebrate a hands-off culture that generally spurns regulation in exchange for the freedom to pursue excitement in its many forms. This spirit is one of the things that makes our state unique, but it is also a contributing factor in many of the tragic accidents we see affecting our friends, family, and community members. If you or a loved one have suffered from a high-speed accident that is the result of another person or company’s negligent or defective actions, contact us today for a free consultation.

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In aftermath of Nevada airplane accident, some relief

September 17th, 2011 No comments

When initial reports broke at the end of the work week yesterday, the Nevada airplane accident at the Reno Air Races sounded like an unparalleled tragedy. During the final race of the day and before several thousand spectators, a World War II-era fighter plane suddenly shuddered and plummeted down toward the grandstand full of air race fans. It was initially unclear what area had been hit and how many people might have been hurt, but reports indicated that several dozen people seemed to have suffered serious Nevada personal injuries.

As Nevadans awoke the next morning, many details had been nailed down. A total of just over 50 people were taken to the Reno area’s two major hospitals: Renown Regional Medical Center and St. Mary’s Regional Medical Center. The pilot and two others were pronounced dead at the scene, and two of those taken to trauma centers in Reno died overnight. The pilot’s age — originally reported on national news outlets as being 80 — was 74 years old when he was killed as his plane crashed abruptly near the end of the race.

Investigations are underway by federal accident inspectors, and reports will likely take months to compile. But a consensus is developing that mechanical failure is to blame. The pilot was very experienced and — despite his age — appears to have reacted swiftly to steer the plane away from the main grandstand as it crashed, arguably saving dozens of lives. With a death toll of five at this point and some 50 injured, this Nevada air accident is a tragedy but not an unthinkable disaster the likes of the Ramstein air show incident in 1988 that took 70 lives and seriously injured nearly 400 spectators.

Because human error initially appears not to have been a factor in the crash, the investigation may trace the cause of the crash to defective mechanical components. If this reveals that the manufacturer of one of the many third-party components of this souped-up, 70-year-old plane sold parts that were shoddy or defective, it could face major civil lawsuits under Nevada defective product laws. On the other hand, if the crucial error(s) are traced to the faulty work of a mechanic or insufficient safety checks by air race officials, those individuals could face liability under Nevada wrongful death statutes for their roles in the crash.

As saddening and disruptive as this tragedy has been, it has been heartwarming to see the Northern Nevada community come together swiftly to raise money for victims’ families and to volunteer to donate blood to local blood banks. Our hearts go out to those affected from all of us here at our Nevada personal injury law firm.

[Update: the death toll has been raised to nine after additional victims died while hospitalized.]

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Breaking: horrific Nevada air accident unfolds at Reno Air Races

September 16th, 2011 No comments

As many of our readers already know, a tragic scene is still unfolding north of Reno at the annual Reno Air Races. The event is no stranger to misfortune — in recent years several planes have been lost and pilots injured or killed due to human error during precision maneuvers or as a result of faulty engine components that raise issues of Nevada product liability. But at approximately 4:30 pm today, a tragedy of an entirely different nature took place: a Nevada Air accident unlike any other seen.

An 80-year-old, experienced pilot with some ten dozen races under his belt apparently lost control of his aircraft during a race at the event today at the Stead Air Field, north of Reno. Early witness reports indicate that the plane went nose-up before falling vertically. The aircraft seemed to be headed toward one of the main grandstands full of spectators but at the last moment plowed into a space that is being described as a VIP area and/or information technologies hub. Those in the grandstands were spared grave personal injuries or worse, but as is so often the case with these events the changing winds of fate blew misfortune onto those who were struck instead. The pilot is presumed dead and reports confirm that there will be fatalities from this tragedy. Early estimations venture that between 40 and 50 people were injured, with many being treated for injuries at area hospitals. One report puts at eight the number of those who are in critical medical condition, perhaps needing treatment for serious brain injuries.

Tragic events like these must always give us pause, and our thoughts go out to those families affected by this tragedy and to the larger Reno community that is grappling with a shadowy period for an otherwise celebrated community event. In the weeks and months ahead, concerns about pressing medical issues will evolve into difficult conversations about legal action including possible Nevada wrongful death lawsuits against the Reno Air Races executive agency. Air races officials are saying that exhaustive safety checks were undertaken before the race, and it is possible that a factor such as product defect, human error, or just freak bad luck is responsible for this awful occurrence.

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Nevadans remember deaths, injuries from 9/11 tragedy

September 11th, 2011 No comments

For the last week, news outlets of all stripes have been remembering the terrorist attacks of September 11, 2001. A decade after this tragedy, we are all familiar with the scale and nature of these attacks and the intentional injuries they wrought. As the nation continues to deal with the wounds from that startling day, we are also learning more about how the attacks affected the families who lost loved ones.

Most of us would agree that one terrorist attack is one too many, yet our country has seen several attacks and attempts at terror over the last few years. Counting all attacks against American interests both at home and abroad, there have been a couple dozen acts of terror carried out by enemies (perceived or real) of the United States since the 1970s.

Some of the most recent analysis of the events of 9/11 has focused on the toxic smoke produced by the massive buildings as they smoldered and collapsed. Health experts have generally concluded that the effects of this smoke are unlike any ever seen in human history and that the frightening, airborne concoction is to blame for the dozens of cases of serious cancer that has been seen in both survivors of the attacks and those who rushed to the scene to help. These virulent cancers are distinct even from those harsh conditions we see arising from toxic exposure to Nevada unsafe products.

To the extent that there have been parallel public health threats elsewhere in our society, Nevada families are still facing health issues from exposure to radiation from the Nevada Test Site. Government tests on nuclear weapons and electricity in the middle of the last century left a hazardous trail in the state’s deserts and airspace alike. Even today Nevadans face health issues from the potent danger of materials that were handled in a way that some say amounts to public agency negligence. If you or a loved one have a health issue that you believe is linked to Nevada corporate liability, contact our Las Vegas personal injury attorneys today.

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Extreme Weather and Natural Disasters Can Cause Personal Injuries in Nevada

September 7th, 2011 No comments

Hurricane Irene has dominated the airwaves for the last two weeks along with other tropical storms that are inundating Atlantic states with record levels of rainfall. These storms come on the heels of a big earthquake rocking the East Coast. Nevada is no stranger to extreme weather and natural disasters that can affect the lives of thousands of people, especially if proper precautions are not taken to prevent Nevada personal injuries or even death.

Hurricane Irene is proving more deadly and costly that many people predicted. The Category 1 storm made landfall on the East Coast of the United States on Saturday, August 27. It ravaged several states over the weekend and produced unexpected flooding in New England areas like Vermont.  It is currently estimated that Irene killed 44 people in 13 different states, and estimates of the total public and private cost of the storm’s damage range from $7 billion to $10 billion because it hit such a wide area. While many urban New Yorkers complained about making precautions for a storm that largely left them unscathed, other East Coast residents are pointing to mismanagement and poor planning that they argue creates public agency injury liability.

Flooding and widespread power outages continue to affect tens of thousands of people. Towns in Vermont have been cut off because the rain from Irene caused many rivers and streams to flood major roadways. Now states, cities and towns are focusing on clearing debris, restoring power, reopening flooded roads and bridges and helping residents get back to normal. It is important for officials and residents to take safety precautions before, during, and after extreme weather or natural disasters. Up-to-date disaster planning as well as a strong communication strategy are keys to getting through a disaster with minimal injuries, deaths and damage.  However, if those elements are not in place, it could lead to unnecessary injuries and deaths. In Nevada’s dry summers a cigarette butt or a random spark can ignite a wildfire that threatens hundreds with Nevada fire injuries while the Silver State’s many private-plane enthusiasts need to be wary of sudden thunderstorms that can turn a day of high-altitude cruising into a tragic Las Vegas airplane accident.

Our thoughts are with those who are dealing with the aftermath of Hurricane Irene and her ensemble of extreme-weather siblings. A necessity of the aftermath will be an analysis of how well various government officials responded to Hurricane Irene and if any deaths or injuries could have been avoided. If you need legal advice about a Nevada personal injury case, contact us our office today for a free consultation.

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Carson City residents search for meaning in Nevada shooting incident

September 6th, 2011 No comments

The normally quiet capital city of Carson City, Nevada, was shattered by gunfire on this morning, September 6, 2011. The act of violence came days before the tenth anniversary of the September 11th terrorist attacks and it has shaken the entire community and state of Nevada. The investigation is ongoing even as families mourn this devastating incident of intentional harm to Nevadans.

A gunman with an AK-47 assault rifle walked into a Nevada IHOP restaurant around 9 a.m. Tuesday morning and started a shooting rampage.  The man, later identified as 32-year-old Eduardo Sencion of Carson City, shot at a group of five uniformed National Guard members.  Two of guardsmen were shot and killed along with another restaurant patron. Eight other people were wounded during the attack including a woman who was shot outside the restaurant just before the attack began. The gunman continued shooting after he walked out of the IHOP at other nearby businesses. He later shot and killed himself.

Authorities, fearing that the violence could spread to other places around Nevada’s capital, chose to lock down the Supreme Court and capitol buildings. As an extra safety precaution, more security measures were taken at other Nevada military and state offices and buildings including all 17 of the National Guard bases located in Nevada.

There is now an active investigation as to why the suspect went on a rampage. Authorities currently cannot cite a clear motive to what led to the shooting, especially as to why the gunman may have targeted the group of National Guard members. The man’s family indicated during initial discussions with police that Sencion has a history of mental illness but that nothing in his behavior indicated drastic actions in the immediate future. Nevada’s Governor, Brian Sandoval, has ordered that all flags around the state been flown at half-staff to honor the two National Guardsmen who were killed.

As Carson City and the state of Nevada begins to deal with this tragedy, our condolences go out to loved ones of those who were injured or killed in this tragic event. Several factors distinguish this incident from other violent episodes in Nevada history and as such they color the legal aftermath in different ways. Unlike the vehicular assault case of Priscilla Ford, the assailant in this case is now dead and as such wrongful death lawsuits are less likely unless details emerge that point to negligence on the part of Sencion’s family. And although several Nevadans suffered Nevada personal injuries, it is unclear against whom they would bring a civil lawsuit. So often our questions outpace the number of things we know, and this case seems no different. If you have legal questions for a Nevada personal injury lawyer, you can contact us for a free consultation in one of our Nevada offices.

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