Las Vegas Injury & Accident Attorney Blog

Corporate mine owners hoped that the week’s early media attention to a major mine accident lawsuit would fade with celebrity fanfare and rock-throwing in the Republican presidential primary race, among other distractions. Depending on what news outlet is being discussed, one could argue that this strategy has played out well for those individuals whose profits depend on pushing the limits of safety as they risk Nevada mine accidents.

This April will mark the two-year anniversary of one of the worse mining accidents in U.S. history, a coal mine explosion at the Upper Big Branch Mine in West Virginia. When Massey Energy’s mine exploded in an inferno of methane gas, all 29 miners in the vicinity were killed. Subsequent investigations have shown tremendous evidence of transgressions that in Las Vegas would be considered Nevada corporate liability, but litigation has been continuing for more than a year and a half without relief for affected families. According to many advocates for the families, a recently announced settlement has been just another blow to a community devastated by personal injury accidents.

A settlement reached this week between prosecutors and the new parent company of Massey Energy — a conglomerate known as Alpha Natural Resources — allows the company to pay stiff fines of $209 but short-circuit further civil and even criminal actions. Although the personal injury settlement is on its face a whopping sum, it has to be considered in context. Nearly 30 men died as a result of this disaster facilitated by documented, chronic rule-breaking; the amount works out to just over $7M per life. By the standards of Nevada wrongful death lawsuits and adding in the issues of wider civil penalties and documented criminal misconduct, fines of this nature are amount to a slap on the wrist for a company that forsakes workers’ lives for profits.

Outcomes like this sadden any Las Vegas personal injury lawyer or advocate for victims’ rights. Changes to federal laws are being proposed to hold mining executives criminally liable for chronic abuses in their mines rather than just using company profits to buy their freedom from accountability. If you have questions about a Nevada mining accident case or any other kind of personal injury matter, please contact our Nevada personal injury attorneys today for a free consultation.

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Was that a desert breeze that blew through the open windows of our Las Vegas personal injury law firm, or was it a sigh of relief from way up north where public safety officials got lucky with a Nevada wildfire incident?

As we observed yesterday, the conditions are perfect (or awful, depending on your outlook) for the thrust of Nevada’s fire season and all the risks of Nevada fire injuries that period entails. A wet spring yielded a bumper crop of weeds, cheatgrass, and other fragile greenery that quickly became dry, omnipresent kindling once the summer heat began. All that was missing was an ignition source, and fire officials believe that human activity provided one on the Fourth of July.

With so much fiery activity on Independence Day — from barbeque parties to campsite fires to illicit fireworks — it was almost a certainty that somewhere in Nevada, some fire would grow out of control. Officials report that they have all but ruled out a natural ignition such as lightning as the cause of a blaze that consumed more than 11,000 acres before it was consumed yesterday. The fire burned for several hours before it was contained outside of Nixon, Nevada about 30 miles east of Reno. Although both souls and structures were spared in this fire, if the outcome had been worse the individual(s) responsible for the fire could have been held liable for damage and even face a Nevada wrongful death lawsuit.

The Fourth of July is considered the mid-point of the summer, so we still have several hot, dry weeks ahead. Be careful out there, and if you or a loved one have been hurt in a firework or other Nevada explosion accident contact us today for a free consultation.

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As the United States celebrates the 235th anniversary of its declaration of independence from Great Britain, Americans from coast to coast are welcoming another Fourth of July. For many, this festive national holiday is a time to reflect on national pride and celebrate the peak of summer and all the fun it entails. But for those few, dedicated public servants that comprise our state’s emergency medical staff, the height of summer is also the height of the danger of Nevada firework accidents.

Each year snow and rain blankets Nevada’s mountains from the Spring Mountains in the south to the Ruby Mountains in the East and the Sierra Nevadas in the west. This bounty of water is stored over the winter and then melts and runs off during the spring, creating a short-lived but verdant scene as grasses grow tall and wildflowers bloom. But then the summer heat comes faster than anyone expects, and this plant life is quickly dried out and dead. If you’ll excuse the impromptu biology lesson, you can see that this is an annual recipe for wildfires. Indeed, Nevadans regularly discuss “fire season” and the near certainty of burn injuries and other Nevada personal injuries that it entails.

Under these conditions, it only takes a flash of lightning or a zombie campfire to combine with dry desert air and a bit of bad luck to create a small flame that can rapidly grow into a threatening uncontrolled burn. When a natural disaster or innocent mistake leads to a wildfire that consumes public resources or even damages homes and businesses, the result is usually a collective sigh and shared disappointment at the bad luck. But in cases where a person’s negligent or reckless actions caused the blaze, higher forms of Nevada liability can apply.

In the state of Nevada, fireworks have been made illegal in an effort to contain the risk of Nevada wildfire injuries. Most fireworks used in Nevada are brought in from neighboring states like California or they are purchased at one of Nevada’s many Native American tribal territories, where state law does not apply. Still, just as a driver whose reckless tactics lead to a Las Vegas motor vehicle accident that injures others, so too can a person using illegal fireworks be held responsible for serious injuries or even a Nevada wrongful death lawsuit if others are injured. If a loved one has been hurt in an accident such as those described above, contact us for a free consultation with our Nevada firework injury attorneys.

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A 47-year-old woman was arrested today in connection with a house fire that destroyed a home in north Las Vegas last week. The woman, who is believed to have been squatting in the abandoned home, was detained on charges of trespassing and nuisance. No criminal arson charges have been filed yet, but an investigation is ongoing.

With the highest foreclosure rate in the country, Nevada — and especially Clark County — has more than its share of abandoned homes and commercial properties. These buildings are common targets for pranksters, vandals, and transient individuals looking for a place to stay. Although abandoned, these edifices still belong to someone, whether a displaced homeowner, an absentee landlord, or a financial institution such as a bank. Whatever entity holds the deed to the property has a strong interest in seeing that it is maintained in good condition, and they certainly prefer not to see these buildings damaged by mischief or malice.

Depending on the circumstances, a Nevada fire accident in an abandoned residence could leave one or both parties liable for damages. If it is determined that the property owner or steward did not act with appropriate care and a person — sometimes even an unauthorized party — is hurt while inside the building, the owner could face Nevada property liability issues. On the other hand, if a property owner’s financial interests are harmed by a trespassing individual, the owner may be able to pursue a civil judgment against the intruder even in the absence of criminal charges.

If you or a loved one have been harmed in a Nevada fire or explosion accident, you need to seek experienced legal advice as soon as possible. If your family has escaped injury but you are dealing with issues of property liability or civil matters, our attorneys can also help you understand your rights and responsibilities. Contact us today for a free consultation in one of our two Clark County personal injury law offices.

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Each year around Independence Day, injuries among children and adults rise significantly from fireworks.  While many stage events have fireworks / pyrotechnics throughout the year, “Fourth of July” celebrations typically kick off with a BBQ and fireworks.  Many of the injuries suffered from the explosives are often the result of user error. However, fireworks themselves can malfunction often resulting in severe burns.  Not only is the operator in danger of a malfunction, but also the spectators of the event.  Studies have shown that spectators account for up to 40% of reported firework injuries.  A scorching rocket darting into a crowd of onlookers can cause severe burns.  Last summer, close to ten-thousand people were treated for injuries associated with fireworks.  Those injuries are typically burns and lacerations, but also may include hearing loss or loss of sight.  The most common variety of firework causing injury are bottle-rockets, firecrackers, roman candles and sparklers.  Yes, sparklers!  Sparklers burn at 1,800 degrees and can throw sparks striking the eye and head.  It is also not understood by many that the average fuse time on a firework is only three-five seconds.

If you or a loved one has suffered a personal injury as a result of the negligence from an individual or company using fireworks or pyrotechnics, contact Benson & Bingham for a negligence consultation.  However, if you believe the firework itself malfunctioned, you may have a potential product liability case.  Contact Benson & Bingham at (702)-382-9797.

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