People often hear the term “Personal Injury” and immediately think exclusively of car accidents. However, personal injury includes a wide range of case types in which individuals sustain personal injuries. The following is a brief overview of the major categories of personal injury cases.
MOTOR VEHICLE ACCIDENTS
As mentioned above, the most common type of personal injury case is the motor vehicle accident. Because of the size and speed of today’s modern vehicles, individuals can sustain serious injuries. Even with modern safety features an individual can sustain injury in even seemingly minor motor vehicle/car accidents. You could be eligible for compensation in one of the following situations:
You are struck from the rear, or really any part of your vehicle, by a driver who is inattentive or impaired by a controlled substance.
PassengersYou are a passenger in a vehicle which is struck by a negligent driver or the operator of the vehicle you are traveling is negligent in its operation. You are a pedestrian struck by a vehicle who fails to yield the right-of-way or otherwise negligently operates their vehicle.
PREMISES LIABILITY (SLIP/TRIP AND FALL)
An owner of the property is not responsible for guaranteeing your safety while on their property. However, they are required to use reasonable care to ensure the premises are reasonably safe for their patrons and guests. Despite this requirement, there are different ways in which an owner or occupier of land can fall short which results in an injury to a patron or guest. The owner must have actual knowledge of the issue or constructive knowledge (they should have discovered the dangerous condition through the use of reasonable care).
These are some common conditions which cause injury to individuals while on the premises of someone else:
There is a foreign substance on the ground causing you to slip.
Dangerous ConditionsThe flooring surface itself is not suitable for the conditions and creates a dangerous condition.
Non-Compliant Safety CodesThe area causing the fall does not comply with existing safety or building codes.
Known Dangerous ConditionsThere is a dangerous condition which is either created by or known to the premises owner.
Owners Vicious DogFailure of a property owner to secure their dog which causes injury.
PREMISES LIABILITY (NEGLIGENT SECURITY)
In Clark County (Las Vegas, Henderson, North Las Vegas) there are a number of casinos and bars open later than in many other parts of the country. Nevada does not have Dram Shop laws (making the owner of property liable for the acts of patrons who they over serve with alcohol and then cause injury). This can make casinos and bars more likely to have unruly or dangerous patrons. Also, because there are a number of people carrying cash while gaming, there is a bigger possibility for criminal activity.Generally, a landowner is not responsible for the criminal acts of a third-party.
However, there are circumstances when the property owner can be liable for injuries caused due to the acts of other people acting inappropriately.
Some of the circumstances include:
Calls Made To Police
There is a history of a high volume of police calls to the area which is known to the property owner.
There is an unexplained decrease in security normally on the premises.
Injuries Caused By A Security GuardSecurity guards get overzealous in how they interact with patrons and guests and cause injury or unlawfully detain patrons or guests.
Personal injuries can often occur when someone comes into contact with a dangerous product. There may be a potential claim against not only the manufacturer, but also the retailer and distributor. These claims can fall under negligence, product liability or even breach of warranty claims.
Examples of these types of claims may include:
Faulty ProductProducts that fail to perform in the manner expected (i.e., defective airbags)
Unsafe Power ToolsPower tools or equipment that are deemed unsafe for use due to safety devices or improper instruction
Products that cause injury when being used in the manner prescribed.
In addition to injuries caused by negligent or intentional acts of third-parties, there are also injuries sustained due to the malfeasance or negligence of professionals. As a result, these cases require expert testimony in the field of expertise of the offending professional.These usually take the form of medical or legal claims such as:
Low Standard of Care by Doctor
Injuries caused by doctors or other medical providers whose conduct falls below the established standard of care.
Failure To Get Consent or No Warning
Injuries are sustained by medical providers who fail to obtain the requisite consent or fail to warn of potential risks associated with a procedure.
Surgical Equipment Injures
Injuries due to surgical equipment or sponges left inside the body of the patient.
Other Professionals Can Be Held Liable
There can also be claims against lawyers, accountants or other professionals whose conduct falls below the standard of care.
The foregoing are just some of the types of personal injuries which may give rise to a legal claim. In any case, it is important to seek out the advice of an experienced lawyer to advise you regarding your potential personal injury claim. Jones Wilson Injury Lawyers are always prepared to provide a free consultation to advise you of whether you have a potential personal injury claim and your legal rights.