Archive

Archive for May, 2012

Faulty Products Threaten Nevadans Young and Old

Vantage Sales and the United States Consumer Product Safety Commission announced this week the recall of approximately 200 tables and chair sets. The oak table set 3 pieces with two chairs, has rectangular legs and is square shaped. The chairs have a slatted backrest and which cushions that are padded. The table set, style number 404285 is being recalled due to the fact that the chairs are poorly made, can collapse and the sitter can get injured in the fall. The table and chair set were sold online and through catalogs by the company Stoneberry. They sold for approximately $160 and were available from January 2012 to March 2012. The table and chairs were built in china. If you have been injured by a faulty product in Nevada, and wish to sue for lost work, medical costs and pain and suffering, contact Benson and Bingham for a free legal consultation today. Our Nevada licensed attorneys have significant experience in product liability cases and know the tricks played by insurance companies.

In mid-May, the US CPSC and Aqua-Leisure announced a recall of children’s trampolines sold at Toys “R” Us across the United States and Nevada. Approximately 40,000 of the trampolines were manufactured in China and sold by Aqua-Leisure of Avon, MA. The metal holding the trampoline together can wear and break, causing the user to fall or be cut. Four instances of the metal breakdown have been reported to the manufacturer and no one has been injured. The brand name of the trampoline is First Fitness and has the model number FF690-2TR. The trampolines retailed for as little as $5 and as much as $70. There are 10 Toys “R” Us retail outlets in Nevada where the defective trampolines may have been sold. If you or a loved one have been injured by a defective product in Las Vegas, contact Benson and Bingham today.

The personal injury attorneys at Benson and Bingham specialize in Las Vegas personal injury cases from defective products, automobile accidents, casino accidents and more. In 2010 and 2011 we successfully secured over $24,000,000 for our clients.

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Lawsuit Filed Against Las Vegas Metro Police in the Death of Stanley Gibson

Las year wasn’t the best year for the Las Vegas Metro Police Department. In 2011, twelve people were killed in shooting incidents with the department. In three of those cases, the Las Vegas District Attorney cleared officers in the deaths of Mauricio Hernandez (23), Jaime Padilla (21) and Tory Manvilla (49). The officers were cleared by the Steve Wolfson, Clark County district attorney, because in each case the officers feared for their and the public’s safety by the armed men who were killed. The police cleared worked for police departments in Henderson, Las Vegas and the Nevada Highway Patrol. If you have been victim of a Southern Nevada wrongful death incident, contact Benson and Bingham for a free legal consultation.

Another of the Las Vegas Metro Police shootings resulted in the death of Stanley Gibson, a 43-year old disabled Gulf War Veteran. Mr. Gibson, who had not taken his medications for two weeks, was wandering an apartment complex late at night, lost since he had recently moved. Residents of the apartment complex called police and when the Las Vegas Metro Police arrived, Mr. Gibson barricaded himself in his car and refused to exit it. The police then boxed Mr. Gibson’s car in and developed a plan to extract him from the vehicle. One officer planned to shoot Mr. Gibson’s car window with a non-lethal bean bag shot and then flood the car with pepper spray. Unfortunately, Mr. Gibson was killed by seven shots from an assault rifle. If you have a loved one that has died in a Las Vegas Metro Police Department wrongful death incident, contact Benson and Bingham today.

Mr. Gibson’s mother announced today that she has filed a lawsuit against the three officers in the involved in the death of her son, Jesus Arevalo, Michael Hnatuick and David Dockendorf and the Las Vegas Metro Police department. The suit alleges that officers are poorly trained and that their use of automatic rifles like the AR-15 contributed to the death. Contact Benson and Bingham today if you suspect the untimely death of a relative at the hands of a local police agency is a Las Vegas wrongful death case.

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Deaths Near Mesquite, Nevada Virgin River Spur Wrongful Death Suit

A 3-year old girl drowned in the Virgin River, near Mesquite, NV on Tuesday. The child’s body was found in an irrigation canal owned by the Bunkerville Irrigation Company. The family of the girl was having a picnic near the river when the child’s grandmother saw the girl and two of her older cousins in danger of being swept away. The grandmother ran to the water and was able to pull out a 5-year old and a 4-year old but the young girl who died was out of her reach. The little girl’s body was likely sucked into a whirlpool created by the drainage ditch. Her death is similar to the death of 44-year old Joanna Hensley two years ago. Ms. Hensley’s survivors are now suing the Bunkerville Irrigation Company under Nevada wrongful death statutes. If you have suffered the death of a relative in an accident, and wish to discuss whether this was a Las Vegas wrongful death case, contact Benson and Bingham for a free legal consultation.

In the lawsuit, Joanna Hensley’s daughter and her attorneys allege that due to the irrigation canal dug by the Bunkerville Irrigation Company, the section of the Virgin River in Mesquite, NV is unsafe for swimming and other water sports. They also state there are no signs in the area surrounding the irrigation ditch to warn swimmers of the danger. If you have lost a family member in a Clark County wrongful death accident, contact Benson and Bingham today.

Benson and Bingham has extensive experience, representing clients since 2003 in personal injury and wrongful death cases. For nearly a decade, we have worked closely with our clients to ensure they receive everything they deserve from individuals, corporations and insurance companies financially responsible for Southern Nevada wrongful death accidents. Our success speaks for itself, in 2010 and 2011 we secured over $24,000,000 in damage awards for our clients.

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Have You Been Injured In Las Vegas By A Volvo Garbage Truck?

Garbage men are paid well for a job no one else wants to do. They get good health benefits and for a profession that requires little education or training, it can be a good career choice for those who have few alternatives. 46-year old Raymond Mariolle, was collecting trash in Livermore near the airport when the Volvo garbage truck he was driving had its front wheel collapse and the gigantic 27.5 ton garbage truck slammed to the ground. Mr. Mariolle’s spine was injured in the accident and after three intense surgeries, he still suffers from intense pain. The accident occurred in October 2007 and while Mr. Mariolle temporarily returned to part-time office work with his employer, he has been unable to work since October 2010. If you have suffered a spinal or back injury in Las Vegas and want to recoup medical expenses, lost work and pain and suffering, contact the leading Las Vegas personal injury law firm, Benson and Bingham for a free legal consultation.

The lawsuit alleged that the manufacturers of the garbage truck, Consolidated Metco, Volvo and Witke Manufacturing knew about the defective wheel hub and overloaded the garbage truck. The lawsuit also stated that the three companies failed to warn the public of the dangers of the garbage truck. Consolidated Metco, Volvo and Witke Manufacturing contend that Mr. Mariolle had a pre-existing back condition and that is why he is still suffering from back pain. The jury in the case awarded Raymond Mariolle $2.4 million for medical expenses and lost work. They also mandated he be paid an additional $7.5 million for pain and suffering.  Mr. Mariolle’s wife Regina was also awarded $1.5 million due to the loss of marital relations with her husband. If you have suffered a Las Vegas spinal cord injury do not take the insurance company’s first financial offer. The personal injury law firm of Benson and Bingham has the experience to negotiate on your behalf with insurance companies and get you the best possible settlement. We also offer our clients our exclusive happiness guarantee. Upon the completion of your case, if you are not happy with our invoice, we will work with you to come up with a fee structure that meets your approval.  Here at Benson and Bingham, we pledge to earn every dollar on your Clark County back injury case.

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Nevada One of The Lowest Ranked States for Safety

“The Facts Hurt,” a recent report by Washington, DC health-advocacy non-profit Trust for America’s Health ranked Nevada as one of the least safe states in the country. The Silver State garnered 4 points in “The Facts Hurt” study. Eight states had lower scores. New York and California lead the country with scores of 9. Nevada scored points for requiring helmets for those riding motorcycles, enabling people in relationships that are breaking up to get restraining orders, concussion regulations for school sports and monitoring of drug prescriptions in the state. Benson and Bingham are here to help Southern Nevadans who are hurt in Las Vegas dangerous libertarian environment. If your relative was killed in a Las Vegas wrongful death case, contact Benson and Bingham for a free legal consultation today.

Out of the possible ten points in The Facts Hurt study, Nevada only scored four. Nevada lost a point for not having a required seat belt law. In Nevada, if you have been convicted of drunk driving, when you get your license back, you aren’t required to get an ignition interlock device. The Silver State doesn’t require children under eight years old to ride in cars in booster seats. Children in the Silver State are also not required to wear bicycle helmets. The Trust for America’s Health also held points from Nevada due to the state’s lax teen violence laws. Finally, due to the limited amount of data provided by the state’s hospitals and the Department of Health and Human Services to researchers and other officials. If you have had a relative killed in a Clark County wrongful death incident, contact Benson and Bingham today.

The personal injury attorneys at Benson and Bingham have extensive experience trying Las Vegas wrongful death cases. We have the experience and contacts to compel insurance companies to honor their commitments. Contact Benson and Bingham today.

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Multiple Parties May Be Liable in A Las Vegas Automobile Accident Due To Text Messaging

You are headed north on Interstate 15 through Las Vegas, to a business meeting or to meet friends. The destination doesn’t really matter. Traffic is heavy but not stop and go. Then you are hit by another driver causing significant damage to your car and even possibly injuries. A similar situation happened to Linda and David Kuber who eventually had to have both legs amputated as the result of an automobile crash in 2009. Before the crash, Kyle Best, 19 had been texting with his friend, Shannon Colonna. The attorney for Mr. and Mrs. Kuber, Skippy Weinstein, has sued Mr. Best and Ms. Colonna, stating that they are both responsible for the injuries to his clients. If you have been involved in a Las Vegas car accident and wish to recover money spent on medical bills, car repair, lost work and pain and suffering, contact Benson and Bingham today. Our Nevada personal injury attorneys have the contacts and experience working and negotiating with auto insurance companies to get you the best possible injury award.

The legal principle Mr. Weinstein is using to include Mr. Best’s texting partner, Shannon Colonna, in the lawsuit is “aiding and abetting.” The doctrine of aiding and abetting is spelled out in a book of rules that guides most court rooms in Nevada and the rest of the United States, called the Restatement of Torts. For someone to aid and abet a crime one must:

1-  Know someone who is committing a crime

2- Be aware that the act their associate is committing is illegal

3- Substantially assist in the commission of the crime

Joseph McGlone, the attorney for Ms. Colonna, has requested that the judge disallow her inclusion in the case. Just because she sent the text message, doesn’t mean she had an expectation for the SMS to be read immediately. If you have been involved in a Las Vegas traffic accident, contact Benson and Bingham for a free legal consultation today.

Benson and Bingham has worked with many Las Vegans to ensure they receive the financial remuneration they deserve after a Las Vegas vehicle accident. Our attorneys, experienced in car accidents, nursing home neglect, casino injury and wrongful death cases, secured over $24 million in personal injury awards in 2010 and 2011.

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Las Vegas Tourists Sue Stripper 101 Class For Illegal Videotaping

They got cameras, they got locks, they got watchers – Reuben Tishkoff, Ocean’s 11

Any time you enter a Las Vegas casino or a casino in any other city or state, your expectations of privacy go out the window. Casino security cameras cover their entire campuses, from hallways, to gaming floors, conference rooms, public bathrooms, show rooms and more. In any area or place in a casino, you must assume you are on camera. A recent lawsuit filed by the teachers and students of the Stripper 101 class held in the Las Vegas Planet Hollywood in a facility owned and managed by Caesars Entertainment Group alleges that even though they were assured the room where stripper classes were held and where both students and instructors changed was private, it in fact, had security cameras that were transmitted and recorded in a back office security room. If you have suffered personal injury in a Las Vegas Casino or injured in a casino located outside of Nevada, contact Benson and Bingham for a free legal consultation.

Due to the intensely personal and erotic nature of the stripper classes and the fact that there was no separate locker room for instructors and students to change in private, students and teachers of the Stripper 101 class sought assurances that the room that held the class at the Caesars Entertainment Group’s mall, Miracle Mile Shops. Rachel Carter, a Stripper 101 instructor, was especially shocked when she learned of the video cameras in the Stripper 101 classroom. While there is a lawsuit pending against Stripper 101, Caesars Entertainment Group and the classes producer, David Saxe, the classes are still being offered and many of the instructors involved in the suit are participating in the Stripper 101 classes. If you have been injured or your privacy violated in a Las Vegas or Nevada owned casino, contact Benson and Bingham today. Our Nevada licensed attorneys have the experience negotiating with insurance companies and extensive contacts with the Southern Nevada judicial system.

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Nevada Dog Bite Insurance Claims Fall From 2010 to 2011

State Farm, one of the United States’ largest insurance companies, in 2011, paid over $109 million to settle approximately 3800 dog bite cases. Nationwide, they paid over $90 million to settle approximately 3500 cases. However, the Insurance Information Institute has released data that shows that almost $480 million in dog bite claims across the US were paid by all insurance providers in 2011 and in 2010 the total payout on dog bite cases was $143 million. California led the nation in both years with total dog bite cases and saw over a 30% increase from 2010 to 2011. If you have been bitten by a dog in Las Vegas, and wish to recoup money paid for medical bills, lost work and pain and suffering, contact Benson and Bingham for a free legal consultation today. Our attorneys have extensive experience representing Nevadans in dog bite cases and know all the tricks insurance companies play to get out paying what they should.

In the United States, approximately 4.7 million people get bit by dogs every year. The majority of people bitten by dogs are children, the elderly and letter carriers. The United States Center for Disease Control says over 800,000 people go to the hospital after being bitten by a dog. The agency also stated that approximately 16 people die each year from a dog bite. If you have been victim of a Southern Nevada dog attack, contact Benson and Bingham today.

2011 Nevada dog bite statistics did not follow national trends.  Last year, State Farm paid out $700,000 to settle dog bite cases, compared to $900,000 from the year before. The number of cases settled in both years was 35. Nevada dog bite statistics show the state as 29th for dog bite claims, even though the Silver State ranks 35th in population size. If you have suffered a Clark Country dog bite, contact Benson and Bingham to begin the process of getting reimbursed.

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British National Scammed By Las Vegas Taxi Driver and Fitness Spa

The stabbing of a British tourist brought about a number of arrests and the possible closure of a local business, Red Devil Fitness & Spa. The business was marketed as a sex spa but it is alleged that the business actually made its money instead by duping customers to pay for the promise of sex, which never came. Businesses such as these, called “clip joints, usually enlist local cab drivers to bring them customers. The British tourist, Joseph Sheriff, 25, was stabbed multiple times, in the chest and head and nearly killed. If you have been robbed or injured by a Las Vegas taxicab, contact Benson and Bingham for a free legal consultation.

Mr. Sheriff alleges that he discussed the possibility of paying for sex from both Hope Tello and Christine Nyholm. Mr. Sheriff alleges he was repeatedly asked for and paid money to both women and when he realized no sex would be forthcoming, grew enraged and threw a water bottle. A security guard then attacked Mr. Sheriff with a knife. Six people were arrested: 21-year old Brooke Dugan, 19-year old Lyeishia Godfrey, 23-year old Hope Telo, Christine Nyholm (age unkown),34-year old Nicole Cramer and 40-year old James Watkins. A sixth individual, the bouncer who stabbed Mr. Sheriff is still at large. It is also unknown which taxi driver or taxi Company drove Mr. Sheriff to Red Devil Fitness & Spa. If you have been party to a Las Vegas taxicab scam or were injured in a Las Vegas taxicab accident and would like to recover lost work, medical bills and pain and suffering, contact Benson and Bingham today.

The Las Vegas personal injury attorneys at Benson and Bingham specialize in representing those injured through negligence or malfeasance. Our law firm, in business since 2003, secured over $24 million for our personal injury clients in 2010 and 2011.

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Las Vegas Attorneys Represent Casino Slip and Fall Cases Nationwide

A recent study by the National Insurance Crime Bureau ranked Las Vegas 5th in the country for slip and fall accident claims that the National Insurance Crime Bureau (NICB) believes are erroneous. The Insurance Bureau also claims the large amount of slip and fall claims are so out of line mainly because Las Vegas ranks as the 30th largest city in the United States. Unfortunately, the NICB does not take into account the fact that Las Vegas is a tourist destination that draws people from around the United States and the world. There data is disproved by the simple fact that McCarran International Airport is the 22nd busiest airport in the world for passengers traveled at over 39 million and 9th on the planet for aircraft arrivals and departures. If you have experienced a casino slip and fall, in Las Vegas, Atlantic City or in any casino owned by a casino company headquartered in Las Vegas, the personal injury attorneys at Benson and Bingham have the experience to help you secure reimbursement for lost wages, medical bills and pain and suffering.  See the following link if you have been injured in a Casino or Hotel outside of Nevada, but the company is headquartered in Nevada.

Most retail businesses and casinos do carry insurance in the case of a slip and fall accident on their premises. The attorneys at the family owned law firm, Benson and Bingham, know all the tricks played by insurance companies to force the settlement of Casino slip and fall cases. While many insurance companies decry the costs that are passed onto all consumers in fraud cases, they do not take into account the long term health consequences to a devastating casino slip and fall injury. If you have been injured in a casino slip and fall incident, contact Benson and Bingham for a free legal consultation.

We at Benson and Bingham have been in business providing representation to people injured in Casino slip and fall, auto accident and wrongful death cases since 2003. Our firm, founded by cousins Ben. Bingham, Esq. and Joseph Benson II, Esq., provides our clients a happiness guarantee – upon the completion of your case, if you are unhappy with our services or invoice we will work with you to find a fee structure you find equitable.

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