Handling Accident

Millions of parents send their children to school every day in Florida and across the United States, trusting that their child will return home safely and free from injury. Unfortunately, this is not always the case, as schools have many risks of possible personal injury. The following are some of the most common injuries that may occur in an educational setting: Slip and Falls – Like any other property, schools have the legal duty to keep the premises reasonably safe for visitors. This entails regular inspection of the property, repairs or maintenance if needed to avoid any dangerous hazards, and warning students if a dangerous hazard may exist—such as a wet floor. If a student slips, trips, or falls because debris in the hall, slippery floors, overly worn floors, dangerous stairs, or other conditions, the school should be held responsible for their injuries. Playground injuries – With tall slides, swings, monkey bars, and more, playgrounds have an inherent risk of injury. While some...

In most car accident cases, the liability of the at-fault driver is clear. If you are stopped at a red light and a drunk driver crashes into the back of your car, then everyone will generally agree that the drunk driver was 100% at fault for the accident. However, not every personal injury case in Nevada is that straightforward. In cases where the other side might argue that you, as the injured person, were at fault, we apply “comparative negligence” law in Las Vegas personal injury cases. “Comparative negligence” law  in Nevada means, that the jury will “compare” and assign fault percentages to both the injured and at-fault parties. Nevada courts have held that “the purpose of the comparative negligence statute [is] to eradicate the harsh effect of a plaintiff's contributory negligence whenever such negligence is not greater than that of the source against which recovery is sought.” Mizushima v. Sunset Ranch, 103 Nev. 259, (1987).   The applicable statute is NRS §41.14...

Fraud is a very broad term. When you hear about someone “defrauding the Federal government”, you might imagine a complex mafia-like operation going on behind secure doors. With the way Hollywood movies portray everything, it can be hard to envision fraud in a realistic way. It’s not uncommon for people to go their whole lives completely unaware that even the largest, most successful companies partake in illegal or fraudulent activities on a regular basis. On top of that, their acts of fraud can even be a large reason for that company’s success. However, if and when they get caught, or when a “whistleblower” speaks out and gives the government insider information, the harsh consequences are usually justified. Governmental fraud is an epidemic and the cause of lots of lost taxpayer money. However, because fraud is not easily detectable, it often goes unnoticed. We taxpayers rely on brave whistleblowers to present and prevent fraud. To get an idea of how much of an impact it has had on ou...

Boats and the Florida coastline often go hand-in-hand. Many Florida residents and visitors alike head out on the water with their families or friends to enjoy a peaceful and fun day at sea. Unfortunately, not every boating experience is a good one. At times, accidents may occur on the water that leave boaters seriously injured or that even cause fatalities. One common reason for dangerous boating accidents is drinking and driving. The Centers for Disease Control and Prevention (CDC) reports 1 that use of alcohol is involved in an estimated 20 percent of boating deaths—all of which would likely have been preventable. There is no excuse for boat accidents caused by drunk drivers and anyone who is injured or lost a loved one should contact a motor vehicle accident attorney as soon as possible. Social acceptance of drinking and driving a boat Nearly every adult understands that drinking and driving a car or other motor vehicle on dry land is dangerous and prohibited by law. Drinking and d...

Today’s blog discusses what is ‘spoliation of evidence’ and how can it affect your Las Vegas personal injury case. Spoliation of evidence, is when a person or company losses evidence in a personal injury case. The most common example of spoliation of evidence, is when a company losses the videotape of a person’s fall.  Nevada law provides that when a potential for a personal injury claim exists, a party ‘is under a duty to preserve evidence which it knows or reasonably should know is relevant to the action.’ Banks v. Sunrise Hospital, 102 P.3d 52, 58 (Nev. 2004) (quoting Fire Ins. Exchange v. Zenith Radio Corp., 103 Nev. 648, 651, 747 P.2d 911, 914 (1987).  Even if a lawsuit has not yet been filed and if there is only “a potential for litigation [lawsuit],” the duty to preserve evidence arises.  Nevada law holds that should the at-fault party be unable to produce the videotape, then the injured party is entitled to a ‘loss of evidence’ jury instruction. The jury is in...

Many motorcycle enthusiasts are attracted to Florida for various reasons, including the ability to ride year-round and our miles of open and scenic coastal highways. Additionally, motorcycles are usually significantly more fuel efficient than cars and other motor vehicles, making them extremely economical vehicles to own and ride. Unfortunately, motorcycles also expose riders to a significant risk of serious injury. Motorcycles offer their riders no protection in the event of a collision or an accident, meaning that the injuries that motorcyclists sustain in these events are often significantly more serious than individuals in other vehicles involved in similar events. In fact, the National Highway Traffic Safety Administration (NHTSA) recently published data 1 that indicates that there were approximately 93,000 motorcyclists injured in accidents during 2012. In many cases, individuals who are injured in motorcycle accidents are eligible to receive significant compensation for their i...

We have all experienced taking a trip or doing an activity, where you are required to sign a waiver before participating in the activity. Normally, we sign the waivers because we do not think anything bad will actually happen. But, what happens if you are injured in an activity after you sign a waiver? Whether the waiver will bar you from making a claim will depending on the unique facts of your case. It will be up to the judge in your case, to determine if you can present your personal injury case to a jury.  Historically, in Nevada there first must have been voluntary exposure to the danger. Sierra Pacific v. Anderson, 77 Nev. 68, at 71-73, 358 P.2d 892, at 894 (1961). Second, there must have been actual knowledge of the risk assumed. The Nevada High Court previously stated that “A risk can be said to have been voluntarily assumed by a person only if it was known to him and he fully appreciated the danger.” Id. , quoting Papagni v. Purdue, 74 Nev. 32, 35, 321 P.2d 252, 253 (195...

Modern semi-trucks can weigh as much as 80,000 and travel at speeds of 70 miles per hour or more. As a result, when they are involved in accidents with other vehicles the damage can be tremendous. In addition, semi-truck accidents have the potential to cause serious bodily injuries that can be life-threatening. In some cases, victims may develop medical disabilities that could prevent them from returning to work or even being able to live independently. The truck drivers who operate these massive and dangerous vehicles owe the public a duty to drive in a way that does not create an unreasonable risk of an accident. Unfortunately, they do not always live up to this duty, sometimes resulting in devastating accidents. When truck drivers negligently cause accidents, victims can often recover for their medical expenses and other losses by filing a legal claim against the driver or his or her employer. Anyone who has been injured in a truck accident in Florida should contact The Dolman Law G...