Las Vegas Injury & Accident Attorney Blog

Americans across the country are rightfully angered by the murder of Trayvon Martin by George Zimmerman. The African American was 17-year old, and unarmed when he was shot. Mr. Zimmerman has said he shot Mr. Martin in self-defense, saying that the 17 year old had struck him twice. The specific law being cited by Mr. Zimmerman is Florida’s “Stand Your Ground” law which gives those being attacked the right to use lethal force to protect them. The law is similar to other stand your ground statutes the National Rifle Association has lobbied to get passed across the country. Even Nevada has a version of the stand your ground law – which enables someone whose home has been breached to defend himself or those he believe are in danger. If you have been injured or a loved one has suffered from wrongful death in Las Vegas, and you believe the person in incorrectly being shielded by a Nevada castle doctrine bill, contact Benson and Bingham for a free legal consultation today.

Nevada’s stand your ground or castle doctrine law does not go as far to protect the shooter as the Florida law. In Florida, should someone claim they were standing their ground while being attacked, the police have no duty or requirement to arrest and detain the assailant. In Nevada, for someone to claim self-defense, the attack on them must be unprovoked. In addition, the Nevadan trying to defend themselves must be acting on fears that must be deemed reasonable. Finally, the Las Vegan must fear death or significant bodily harm, with deadly force being the only way the attack can be stopped. This is a significantly hirhger burden than the Florida law – so, if a Nevadan you love was murdered and the assailant wrongfully claims self-defense, the personal injury attorneys at Benson and Bingham could help you receive reimbursement for pain and suffering, lost wages and medical bills.

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On New Year’s Eve, a 21-year old California man fell to his death from the Cosmopolitan Hotel. Found near the property’s tennis courts, police and medical examiners estimate the man fell from approximately 5 stories up. He was pronounced dead at 8:15am on January 1^st. If you or a loved one has been killed or injured due to negligence of a Las Vegas casino, contact Benson and Bingham today.

This is the second falling death from the Cosmopolitan Hotel in less than a year. In March, Sean Campe of New Jersey jumped to his death from a balcony on the hotel’s 14 floor.  While many Las Vegas hotels do not have balconies, the Cosmopolitan does. In addition, last year a man fell from one Planet Hollywood roof to another, and his body was not found for two days. If you have been injured in an Nevada accident and believe the owner of the premises to be negligent, please go to bensonbingham.com today. We offer free consultations.

Benson and Bingham is one of the top law firms in the South Valleys. We pride ourselves on customer service – working closely with our clients to ensure their satisfaction. Please contact us today for a free consultation.

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UC San Francisco recently released a report comparing the quality-of-care in nursing homes across the country. The report compared the ten largest for profit nursing homes with the care in other for profits, non-profits and even government run homes. In general, the report’s findings showed a  better quality of care and higher staffing levels at non-profit and government run facilities. If you believe your loved one has received sub-par care in a Nevada nursing home, contact us today.

In the ten largest nursing homes, the report found that patients had more complaints and incidents of pressure sores, weight loss, falls, infections, mistreatment by staff, unsanitary conditions and more. These higher incident rates stem from lower staffing levels at large, chain operations where patient care is secondary to making a profit. Please contact Benson and Bingham at Bensonbingham.com or 702-382-9797 to discuss the neglect of any Nevadan in a Silver State nursing home.

Benson and Bingham is a full-service law firm that strives to ensure our clients are entirely satisfied by our representation. In 2010, Benson and Bingham secured over $15,000,000 in awards for our clients. Please contact us today to discuss any personal injury case. We can be found online at Bensonbingham.com

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In 2008, 18-year old Hiroyuki Joho, ran across train tracks in an effort to catch another train. Distracted by torrential rains and a large umbrella, Mr. Joho was struck and killed by an oncoming train. At impact, parts of Mr. Joho’s body were thrown, striking Ms. Gayane Zokhrabo approximately 100 yards away. Ms. Zokhrabo suffered a broken wrist, arm and injured shoulder. In Nevada, innocent bystanders can be injured in cases of negligence. Contact Benson and Bingham today for consolation, free of charge.

Injured not only physically but also financially, Ms. Zokhrabo sued the estate of Mr. Joho, looking to recoup medical costs, lost pay and other expenses. While initially struck down, the case was reinstated on appeal – simply put, a person running across train tracks has an expectation that should he or she be hit, their body or belongings may strike and injure another person. If you have suffered a wrongful injury in Nevada, contact us today.

Benson and Bingham (www.bensonbingham.com) Attorneys at Law are one of Las Vegas’ leading law firms. While representing you, Benson and Bingham will do all we can to ensure you are extremely satisfied with your representation. In 2010, we settled over $15,000,000 in cases for our Nevada clients.

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Honda Motors recently announced a recall of an additional approximately 275,000 vehicles, adding to the over 600,000 previously announced for a faulty airbag issue with older model Accord, Civic, Odyssey, Pilot and Acura models. The parts being recalled were installed in 2001 – 2003 vehicles repaired by the Japanese Auto manufacturer. Contact us if you have been injured by a Honda airbag in Nevada.

When driving an automobile equipped with a driver’s-side airbag, it is important to wear a seatbelt and operate the vehicle a safe distance from the steering wheel. In an accident, an airbag can explode with a force that can break a nose, glasses or cause other serious injury. If you have been injured in a Clark County auto accident and would like representation contact Benson and Bingham today.

Benson and Bingham is one of Nevada’s leading product liability attorneys. We focus on ensuring our customers get top-tier service and satisfaction. If you or someone you know has been involved in an Las Vegas auto injury accident and need assistance with workman’s compensation, medical bills or recovering lost wages, contact us today.

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Yesterday, a 65-year old Las Vegas woman, Diana Chambers, was arrested on suspicion of Las Vegas DUI charges after striking a Nevada man, Shannon Newland, and his vehicle as he was filling the car with gasoline. The man is currently at University Medical Center being treated. If you have missed work, lost property or incurred medical costs due to a Nevada traffic accident, contact us today.

The accident, which occurred on Cheyenne Avenue near US95 has put Mr. Newland in critical but stable condition. While he is doing well and expected to recover, the Southern Nevada resident faces a difficult couple of months. He will likely miss significant work and need compensation for his damaged automobile and hospital costs. Ms. Chambers is currently being held in a Clark County jail and it is unknown how much insurance she carries.

Benson and Bingham are one of Southern Nevada’s premiere injury recovery firms. Our Nevada licensed attorneys pride ourselves on customer satisfaction and we work closely with our clients to ensure the best possible outcome for their case. Go to Bensonbingham.com today to start your case.

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Despite the chilly temperatures — including rare snow here in Vegas — this winter has been a hot one for Nevada fire accidents. Several random blazes have confounded firefighters in Northern Nevada, while Southern Nevada residents worry about possible Clark County fire station closures.

And downtown in our city, a Las Vegas apartment fire has left two Nevadans without a roof over their head after a candle started a fire that consumed the residence. One woman suffered serious burn injuries to her hands and is receiving treatment. Several pet cats perished in the fire, and the total cost of the Las Vegas fire accident is estimated at $25,000.

In this case, initial investigations suggest that the fire was an accident and that damage was limited. However, incidents like this one can easily escalate into major disasters, with serious personal injury liability implications for those involved. If negligence or reckless behavior caused the fire, the person(s) responsible can be sued for civil damages including a lawsuit for Nevada wrongful death. And when a landlord or property manager fails to maintain updated safety equipment and protocols, s/he can face premises liability action.

If you or a loved one have been harmed in a Nevada fire or explosion accident and you need legal guidance, make an appointment with our experienced Nevada personal injury lawyers. We offer free consultations and have two offices to accommodate you. Experience is the Difference — call us today.

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This year had more than its share of stories about medications recalled due to defects or safety concerns. Parents from Las Vegas to Reno and across the country were alarmed to find that they had been inadvertently over-dosing children’s medication with potent over-the-counter cough syrups and flu remedies. The popular antacid brand Rolaids suffered a massive recall after bits of metal, wood, and other debris were found in some of its chewable tablets. And just this week there was a recall of the prescription medication Lipitor — a leading cholesterol drug — after an entire lot of the drug was found to have a strange odor. With all these problems, it is obvious that consumer advocates still have their work cut out for them in terms of promoting greater product safety and quality regulation. But there is another threat to patient well-being in the realm of medication safety: Nevada pharmacy error.

Whereas Clark County — like most communities — were once served by small, independent pharmacists and druggists, the trend across the country has been toward increased scale and lower prices. Major pharmacy chains have battled for over a decade and, as the Rite Aid franchise slowly unwinds itself from the Las Vegas and Henderson market in Southern Nevada, the remaining titans appear to be CVS and Walgreens. These chains employ thousands of people across the country, and they help all of us obtain our prescriptions quickly and at ever-lower cost. However, the trade-off is more frequent mistakes.

These companies manage dozens of pharmacy branches across the country, each of which employs one or more licensed pharmacists. These pharmacists oversee the operation but seldom do the mundane work of scraping pills into bottles. That task is generally delegated to pharmacy technicians, whose expertise will vary mostly with the length of time they have been in the relatively low-wage, low-skill position. Thus, as formal pharmacological training decreases down the chain of command, the actual level of hands-on responsibility increases. Add to this pattern the fact that there are hundreds of prescription medications on the market now — including competing brands of similar drugs and their generic counterparts — and you can see the prescription for disaster.

Clark County pharmacy negligence can be devastating. A benign case is someone who seeks antibiotics for a passing illness and gets instead a drug with no effect beyond mild nausea. An extreme case might be a medication-dependent person not only missing needed doses of medicine but also mistakenly ingesting potent drugs that worsen the condition or compound it. Cancer patients have been given excessively strong tablets for their chemotherapy or have been mislead by erroneous directions, with tragic results.

If you or a loved one have suffered from a pharmacy error, contact our Nevada medication error attorney right away. We know the best legal strategies to help you seek compensation, even from a major corporation with thousands of employees. Call us today for a free consultation.

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“It’s Vegas, Baby.” That is a sentiment we in Southern Nevada are quite familiar with, and we’ve heard it used to justify all kinds of outlandish behavior: from tattoos and marriages to adult entertainment and water-fountain forays. But as a recent limousine injury case shows, the antics that are so celebrated on the Strip can have disastrous consequences.

A Canadian man is now a quadriplegic will spend the rest of his life in a wheelchair after a drunken stunt became an irreversible mistake. The man had rented a limo with several friends for an evening of carousing and fun; they were able to continue drinking as they traveled from one venue to the next, and the vehicle was even outfitted with a “stripper pole.” The evening came to a tragic stop when this man attempted a headstand from the pole and fell on his neck. He fractured his neck and the resulting spinal cord injury has left him unable to move below his neck.

This is not just a cautionary tale against attempting exotic dance moves in a vehicle; that lesson is too narrow to be of much use. Rather, it is a reminder that caution has to rule the day because tragedy can spring from the most unexpected of places. Consider this: in this case, the man failed to execute the move and broke his neck; he could just as easily have fallen when the limo hit a speed bump or had to stop abruptly. The tragedy stems from the activity, not from the exact circumstances.

In truth, limousine accidents are more common than one would assume. Consider the circumstances: limousines are frequently used to travel exclusively between bustling hotel-casinos and popular nightclubs and venues, which are both busy destinations along routes more likely than normal to be traveled by drunk fellow-drivers. Most patronizers of limo services take full advantage of the ability to access libations throughout the night’s travels, so the passengers are frequently drunk to various levels of incapacitation. Sometimes, the drivers themselves imbibe either on their own or at the behest of enthusiastic passengers. Thus, limos travel dangerous routes filled up with distracting passengers and sometimes driven unde the influence. This is a recipe for injury.

In this case, an arbitrator found the limousine company negligent in its duties and therefore liable for damages on the paralyzed man’s behalf. The reasoning was that the headstand accident was a logical extension of a night of constant inebriation and increasing stunts; by failing to short-circuit the night’s prior antics, the driver of the limousine in effect invited the stunt that changed all those men’s lives. If you or a loved one have been hurt in a limousine accident — whether a stripper-pole fiasco or a more common motor vehicle accident — contact us today for guidance from our experienced Nevada limo accident lawyers. We have seen these cases before and will help you put your life back together.

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The holiday shopping season is in full swing in the final month leading up to Christmas Day. This time of year always involves previews for late-year blockbuster films, the latest toys and gadgets, and promotions for new automobiles. But this year, consumers in Southern Nevada are viewing car commercials with some reservation in the wake of a series of new automobile recalls.

Nearly everyone has by now heard of the Toyota auto recall and problems with Ford vehicles and rollovers. Now, the National Highway Traffic Safety Administration is investigating more late-model vehicles for potentially unsafe defects. Some 150,000 Honda CR-Vs made for model year 2006 are being scrutinized to determine whether or not a wiring defect in the power windows may lead to fires within the door panel. Another 41,000 cars – these units of the 2007 Kia Optima – are being inspected with regard to a transmission problem. The concern is that the shift cable in the Optima’s automatic transmission might become detached, allowing the car to slip out of gear. In one instance, a vehicle exhibiting this failure rolled away while parked.

The potential threats posted by both of these defects are obvious – the consequences of a fire from faulty wiring could include serious damage to the car and even a home fire if it were garaged. A slow-growing fire, suddenly revealed, could cause a driver to panic and potentially cause a motor vehicle accident. A faulty transmission is an even more direct danger – an unreliable transmission could lead to sudden changes of speed and a runaway vehicle could cause massive amounts of personal liability in an urban area.

If you own a 2006 Honda CR-V or a 2007 Kia Optima, contact our Las Vegas automobile recall attorneys today for a free consultation. We can explain the scope of the recall and inform you of any rights you may have to compensation or correction of the defects. With offices downtown and in Summerlin, we can give you legal help when and where you need it.

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