Contrary to what some believe, getting injured on private property does not automatically mean that the owner or occupant is liable, but if the victim can prove that the owner or occupant was negligent, they may be able to recover their damages under Nevada law.
To understand more about who can sue and/or claim damages after getting injured on private property, consider the following information before contacting a Nevada personal injury lawyer.
Requirements for Premises Liability After Getting Injured on Private Property
At minimum, a personal injury case based on premises liability and negligence requires the injury victim (plaintiff) to show the following things:
- 1. The defendant actually owned the property or occupied it by way of lease or contract;
- 2. The defendant was negligent in their use of the property because:
- a. They had a duty of care to the plaintiff, and
- b. They breached that duty;
- 3. The plaintiff was harmed on the private property; and
- 4. The defendant’s negligence was the cause of that harm
Proving the first element can be relatively easy in most cases, unless the relationship between the landlord and lessee was complicated for some reason. But it gets more complicated after that. For example, proving that the owner/occupant had a duty of care to the plaintiff takes more legal analysis because of the different duties owed to different property visitors.
Proving Negligence Based on the Type of Property Visitor
There are several different types of visitors on properties, and each is owed a different standard of care.
- Invitees are customers or people who are explicitly invited onto a property to the benefit of the owner/occupant. Someone entering land open to the public is also considered an invitee. Owners/occupants have a duty to make their properties “reasonably safe” for invitees.
- Licensees are those who have express or implied permission of the owner/occupant to enter their property; this can include social guests. A licensee can become a trespasser if they are asked to leave the property and refuse. Owners/occupants have a duty of care to disclose or remove hazards that the licensee would not be able to reasonably anticipate as an “ordinary person” would.
- Trespassers are someone who unlawfully enters private property. The only duty of care an owner/occupant has to a trespasser is that they cannot willfully or wantonly harm the trespasser without first warning the trespasser and/or giving them the opportunity to retreat. For instance, razor wire must be visible to potential trespassers or disclosed with visible warning signs.
Because of these different categories, an owner/occupant who was negligent to an invitee may not be negligent toward a licensee. The occupant may also have different duties of care compared to an owner. For example, someone renting a house may not be responsible for maintaining structurally sound flooring, while a landlord may not be responsible for a tenant who leaves slipping hazards littering their home’s floor.
Given the complex nature of premises liability suits, a person who has been injured on private property needs the representation of an experienced Nevada personal injury lawyer to represent their claim.
If you have been injured on private property, contact Connor & Connor now to receive a free consultation regarding your case.
Suffering a car accident can be one of the most life altering events, especially if the accident was caused by an uninsured or underinsured driver. After such an accident, your first step on the road to recovery will be filing a claim with your insurance company. Unfortunately, even if you’re sure the other driver is at fault, it’s possible for your claim to be denied, leaving you in a very vulnerable position.
If your claim has been denied, it’s important to take the right steps so that you get the settlement you need and deserve. Learn what happens after your uninsured or underinsured motorist claim has been denied and find out when you need help from a Personal Injury lawyer.
Building a Legal Case
The most common reason an uninsured motorist claim is denied is a lack of evidence proving fault. Because fault is so important in these cases, the first thing you and your lawyer should do after your initial claim is denied is to start gathering evidence. If there is a police report stemming from your accident, see if you can get a copy. While they don’t always indicate fault, police reports are a good source of information.
Another good idea is to see if you can get any eye witness testimony that will speak directly to the fault of the other driver. Finally, a detailed accident report can be very helpful. With the right evidence in hand, you should be ready to take your claim to court.
The Jury’s Verdict
If your insurance claim has gone to trial, the most important factor is convincing the jury of your claim, which is why it’s important to have the right legal help on your side. A qualified Personal Injury lawyer will be able to present the evidence in your case clearly and concisely so that the jury can see the fault of the other driver.
Once your case is presented, you will have to wait for the jury’s verdict. Hopefully, the decision will go in your favor. If not, then you may need to pursue further legal avenues to finally get the compensation that you need to move on from your accident.
Depending on who your legal case was filed against, the insurer or the other driver, you may be able to pursue further legal action if your initial claim is denied. Additionally, it may also be possible to appeal the original decision, although this can often raise your legal expenses and limit the size of the settlement you can receive.
If you’re working with a Personal Injury lawyer, they should be able to advise you on the proper steps to take if you’ve received an unfavorable verdict from your trial.
Get Help from a Personal Injury Attorney
After your uninsured or underinsured motorist claim has been denied, you may not know how to move forward. If you need help fighting the insurance company for your settlement, you should hire a Personal Injury lawyer from Connor & Connor, PLLC.
We have the legal experience necessary to try your case and work towards the settlement that you deserve. Contact us today for more information.
With corporations moving more of their manufacturing activities overseas to take advantage of cheap labor and lax regulations, product liability claims are becoming a serious problem. Read on to learn about product liability claims and find out how you can get help from a product liability lawyer.
Products with Manufacturing Defects
For any manufacturing operation, quality control is essential. However, due to lack of funding or a disinterest in public safety, many companies skimp on verifying the safety of their products. The result of this cost-cutting is products that are manufactured with defects. These defects can cause injuries to customers who put their trust in the products they buy. Injuries from defective products due to a manufacturing error is one of the primary causes of product liability claims.
Products that Have Been Improperly Designed
Before a product can be produced and put to market, it often goes through a rigorous design process, working out any kinks and making sure the product is safe for the public. Unfortunately, design flaws can be overlooked. When there is a design problem, it means an entire product line is faulty and possibly dangerous. The easiest example for this type of product liability is a massive car recall. Liability claims involving manufacturing errors are far too common, and can cause serious injury.
Failure to Warn
Some products have the inherent capacity for causing harm if they are not properly handled. A good example of this would be caustic paint, or medications with serious potential side effects. Using one of these products and suffering an injury isn’t an actionable claim in and of itself, but if a dangerous product doesn’t not come with a safety warning or directions for proper usage, then you might have a case. It is a manufacturers duty to warn you about the potential hazards of using their product. When they don’t and an injury occurs, a liability claim is sure to follow.
What to do if you are injured by a defective product
If you are injured by a defective product you should consult with an attorney who understands product liability claims. If you have questions regarding product liability claims, contact the attorneys at Connor & Connor PLLC for a free initial consultation. Our legal team has expertise in a wide range of law, including product liability claims, and will do everything in our power to help you. Request a consultation from Connor & Connor today and get the compensation you need and deserve.
Connor & Connor Pllc would like to wish everyone a safe and Happy New Years. There are a few simple rules to remember when you are celebrating and encounter police officers. In fact, these rules are good to remember throughout the year.
Unfortunately, sometimes officers use excessive force. That is what happened last year to three individuals who were ringing in the New Year on the strip. As they tried to break up a fight, officers came in and placed the individuals in a choke hold, stepped on one of the individuals, and yells profanities at the individuals.
If you or a loved one have suffered excessive force at the hands of law enforcement, you may be entitled to compensation. Please do not hesitate to contact the attorneys at Connor & Connor Pllc today. The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We serve clients from all socioeconomic segments of our community and we will fight to ensure that you receive compensation for your injuries. If you or a loved one has been injured, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a free consultation. Any delay could negatively affect your legal rights. You may contact the firm through email at email@example.com or by phone at or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc.
As reported by a local news station, two separate individuals have suffered terrible and traumatizing anal cavity searches at the hands of local law enforcement. Police officers applied for warrants after routine traffic stops to perform “anal cavity searches” and then transported the individuals to a medical facility. One man had 8 separate and invasive anal cavity searches performed. The other individual claims to have suffered a similar fate. For more information on these stories visit KOB4.
Timeline of a Typical Personal Injury Case:
It is important to understand how most personal injury cases are resolved. Obviously the first step is that a person suffers an injury as a result of another’s negligence. To keep things simple, let’s say that you are rear-ended in a car accident. Most people start by dealing with the insurance adjuster for the at fault party and try to settle the case on their own. At this stage, the insurance adjusters attempt to settle the case for the lowest amount possible. They will often offer far less than the medical bills, which leaves the victim subject to hospital liens and other bills that they may have to pay themselves. It is important to understand that it is in the best interest of the insurance adjuster to settle your case for as little as possible. In a nutshell, insurance adjusters do not represent your best interests if you have been injured by one of their insureds. Frankly, it is in most people’s best interest to contact an attorney immediately after an injury has occurred.
The next phase occurs if people are unable reach an agreement with the adjuster. At this phase most people hire an attorney to represent them in their personal injury case. I refer to this phase as the “prelitigation phase”. Here, the lawyer will try to negotiate with the insurance company to reach a reasonable settlement for the victim’s injuries, which likely include lost wages, property damage, medical bills and incidental damages. If the attorney and the adjuster are unable to reach an agreement then the case moves to what is essentially the final stage, formal litigation. Formal litigation is essentially everything that occurs after a claim has been filed with the courts. Formal litigation will almost always involve a discovery phase where the plaintiff and defendant are forced to turn over all relevant evidence to the case such as accident reports, photographs and medical records. The plaintiff will mostly likely have to submit to independent medical evaluations and other investigations. If the parties do not reach a settlement during the early stages of formal litigation, they will likely have to proceed to an arbitration or mediation. If the parties are still unable to reach a settlement they will enter the final phase of litigation, a full trial on the merits. A trial can last anywhere from one day to several weeks depending on the complexity of the issues involved. Unfortunately, when a case enters the formal litigation phase it can literally take several years for a victim to receive compensation for their injuries.
How Volume Firms Make Money off Your Injury:
Given the high volume of cases that they handle many volume firms simply do not have the ability to take their client’s cases through to the litigation phase. Taking their cases to trial would take a huge investment in time and money and would quite literally require hundreds of experienced litigation attorneys and support staff. This is an investment that most volume firms are simply unwilling or unable to make.
Volume firms make their money by rapidly settling cases with the insurance adjusters during the prelitigation phase. Often times volume firms don’t even have a licensed attorney handle their client’s case at this phase. Once the volume firm is able to reach a quick settlement with the insurance adjuster, often times for little more than the adjuster was initially offering, they will advise their client’s to accept the settlement agreement and close out the case. Usually these quick settlements serve the firm more than they serve the client. Once the attorney has collected their fee, plus their costs and satisfied any liens there is very little left over for the client, if anything. Tragically, many of these clients are left with lifelong injuries for which they will never receive adequate compensation.
Worse still, many of these volume firms do not handle litigation cases at at all. If they are unable to settle a case during the prelitigation phase, some Las Vegas personal injury firms simply farm out the case to a firm that specializes in litigation. Consequently, the client might think they are being represented by one firm when in actuality they are being represented by another. Other volume firms resort to an underhanded tactic where they simply stop working on a case and communicating with their client if they are unable to settle the case during the prelitigation phase. Once the client becomes unhappy with the attorneys service they will fire their attorney and hire another firm to finish out their case thinking they are through with the first attorney. Unfortunately, the original attorney will often file a lien against the case for their fees and costs spent up until the point where they were fired by the client. This can make it difficult for the client to find a new attorney, because they know that even if they are able to reach a settlement, they are essentially buying a lawsuit from the original attorney.
Volume firms are able to make millions of dollars by keeping their overhead low and settling hundreds of small cases in a year. By having non-attorneys work the cases and settling very early on in the case before they have invested significant amounts of time and their own money, these volume firms hardly serve their client’s interests.
How to Avoid Hiring a Bad Lawyer:
Foremost, if you have been injured in an accident I would strongly caution people from hiring a volume firm. Unfortunately these firms are often some of the most well known law firms in a given area and people simply don’t know any better. I would strongly avoid hiring attorneys whose ads saturate an area.
Gathering as much information as you can before you hire a lawyer can really serve to protect your interests in the long run. Before you hire an attorney, do as much research as you can. Research their firm online, look for customer reviews, search for news articles, try to screen out lawyers who may have faced problems in the past such as fee disputes, criminal charges, fines or sanctions from the state bar or the courts.
Once you have selected an attorney go to their office for your initial consultation, see what the atmosphere is like in the firm. If a firm looks unprofessional, it probably is. During your consultation, the best way to protect yourself is to ask lots of questions. Ask what their fees are, ask how many cases they handle, ask what kind of awards they have received in the past, ask if they have ever been sued for malpractice or faced discipline from the state bar, perhaps most importantly ask if an actual attorney will be handling your case and whether or not the firm handles litigation in house.
What Kind of Lawyer Should You Hire?
Hiring a lawyer is a difficult decision. I recommend hiring an attorney who will personally handle your case from start to finish. Hiring an actual litigation firm can assure that you will not get burned by a volume firm. Hire an attorney who is willing to fight for your case well past the prelitigation phase. The attorneys at Connor & Connor Pllc. are experienced litigators who will handle your case from the beginning to the end and beyond if needs be. If it’s not in your best interest our lawyers don’t simply accept a “quick check” and we don’t farm out our litigation work. The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We serve clients from all levels of our community and we will fight to ensure that you receive compensation for your injuries. If you or a loved one has been injured, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a free consultation. Any delay could negatively affect your legal rights. You may contact the firm through email at firstname.lastname@example.org or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc.
Police Brutality is the use of excessive force, usually physical force, but can be verbal or psychological, by a police officer. Unfortunately, police brutality occurs in the United States and in Nevada.
It is against federal and Nevada state law for a police officer to use excessive force. Such police brutality may give rise to civil liability under 42 U.S.C. 1983 against the individual officers and possibly the department. Also, there are provisions for other types of recovery, including attorneys fees.
Furthermore, such actions might give rise to state law claims. However, such claims may be limited by certain statutes or by sovereign immunity. Also, there may be a short time frame in which the individual injured must give notice to the state of such wrongdoing by the officers. Failure to give such notice can bar the right to any recovery for the injuries and harm suffered.
Therefore, it is critical that victims of police brutality contact an attorney immediately. If you or a loved one has veen a victim of police brutality please contact the attorneys at Connor & Connor Pllc today. The attorneys at Connor & Connor are licensed to practice before all Nevada state and federal courts. Please contact Connor & Connor today as any dealy could negatively affect your legal rights. You may email us at info@ connorpllc.com or by phone at (702)-750-9139.
A five year old boy was allegedly locked in a small room by his kindergarten teacher. The parents state that the room was dark and that the boy had been locked in the room for over an hour. Out of fear the boy was crying and had urinated on himself. The boy wasn’t discovered until the parents went to the school to search for him because he was over 45 minutes late from returning home.
As reported by msn.com, the Idaho school district in Caldwell does not deny that the teacher did in fact put the boy in the small room as a form of discipline. It is unclear what action by the boy prompted such discipline and the school is not revealing that citing student privacy. However, the school district states that the discipline actions taken by the teacher were not appropriate. The school district does dispute the allegations that the room was locked and that it was dark, but do not deny that the boy was placed in there and then forgotten for over an hour.
At this time, it is unclear what actions the school district is taking against the teacher and to ensure that such an incident does not occur again. The school district has permitted the young boy to move to a different kindergarten teacher.
While it is hoped that our schools will keep our children safe, that is not always the case. If your child or you have suffered due to actions of an educator, you may have claims against the school district. People have that have suffered harm from an educator needs an experienced personal injury attorney. If you or a loved one believe you have suffered due to the actions of a teacher or educator, you may be entitled to compensation. Please do not hesitate to contact the attorneys at Connor & Connor Pllc today. Amanda N. Connor was a teacher in the public schools and is familiar with the system. The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We serve clients from all socioeconomic segments of our community and we will fight to ensure that you receive compensation for your injuries. If you or a loved one has been injured by an educator, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a free consultation. Any delay could negatively affect your legal rights. You may contact the firm through email at email@example.com or by phone at (702) 430-4614 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc.
Larry DiPrimo, a New York City police officer, has made national headlines after he was photographed giving a new pair of boots and socks to a homeless man in Times Square on November 14, 2012. According to the New York Post, Officer DiPrimo recalled that it was a very cold night when he noticed a homeless man sleeping on the sidewalk with no shoes (the New York Post article is available here). Officer DiPrimo stated that the man’s feet were covered in blisters and he knew that he had to do something to help him so he purchased a pair of boots and socks with his own personal funds to give to the man. Officer DiPrimo described the man as a very kind gentlemen who needed help. Unbeknownst to Officer DiPrimo, his actions were being photographed by a tourist who later posted the images on the popular social networking site facebook. Since being posted on facebook the the story has gone viral receiving wide media coverage. The 25 year old DiPrimo, has been overwhelmed by the attention that the story has received, but remains humble.
A story like this not only reminds us to care for the less fortunate, it also highlights the fact that the relationship between law enforcement and citizens doesn’t have to be a negative one. Nevertheless, some groups remain critical of the NYPD following the attention that Officer DiPrimo and the department have received. The Los Angeles Times recently reported some advocacy groups have had a largely bittersweet reaction to the DiPrimo story given the New York Police Department’s history with the homeless (the full article is available here). According to the LA Times, a spokesman for the New York based Coalition for the Homeless, characterized the NYPD’s past treatment of the homeless as “brutal”. Taking it a step further, a spokesman from the group Picture the Homeless added the following “[t]hat picture gives the impression that the whole department is compassionate. It’s not like that.”
While the fact of the matter remains that not all citizen/law enforcement interactions are as cordial as the Officer DiPrimo incident, we should be thankful that there are truly caring law enforcement officers such as him on the force serving our communities. A big step towards improving citizen/law enforcement interactions is simply civility. A not insignificant number of people are sitting in jail at this very minute simply because they mouthed off to law enforcement officers. On the other side of the coin, there are numerous situations that were needlessly escalated by overly aggressive law enforcement officers. At the end of the day it is the law enforcement officers job to do just what the job title describes, they are here to enforce the law. Accordingly, officers issue citations, give speeding tickets and make arrests. Obviously, this creates an adversarial situation between law enforcement who are trying to do their job and the community who want to live their lives and enjoy their liberties.
People facing criminal charges need quality legal representation. The attorneys Connor & Connor Pllc are prepared to defend your rights and your liberty. We are licensed to represent Nevadans facing criminal charges in either state or federal court. We serve clients from all socioeconomic backgrounds and we will fight the charges with everything in our power to make sure that your rights are protected. Our rates are reasonable and the firm is willing to negotiate a payment plan if necessary. Unlike other firms, we have the ability to accept payment by credit or debit cards if necessary. If you are facing criminal charges, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a free consultation. You may contact the firm at firstname.lastname@example.org, (702) 430-4614, (702) 749-5992 or visit www.connorpllc.com. You may also visit the firm’s page on facebook at http://www.facebook.com/#!/ConnorConnorPllc. If you have a legal question or if your are in need of legal representation do not hesitate to contact us as any delay could negatively affect your rights.
The Food and Drug Administration has shut down a peanut butter factory in New Mexico due to production of unsafe food. TheSunland factory, located in Portales, New Mexico, is the largest organic peanut butter producer. The popular store, Trader Joe’sobtains its peanut butter from this factory.
Fox News reported that people in 20 states across the country have contracted salmonella due to the peanut butter. An outbreak linked to Sunland’s peanut butter occurred in September 2012 and the factory voluntarily shut down its New Mexico based factory.Sunland planned to reopen its factory today, but the Food and Drug Administration shut down the factory for unsafe food production.
The Food and Drug Administration gained the power to shut down companies for unsafe food production in 2011 through a food safety law. This is the first time the agency has exercised its power. The company now has the burden of showing that its food is safe, before it can reopen.
A hearing will be held and the company will be inspected to determine if it is safe. Previously the company was inspected and 28 different instances of salmonella were found in the factory. The agency also discovered improper handling of food, unclean equipment and peanuts that were stored outdoors without being covered so that the peanuts were exposed to insects and birds.
After the outbreak this year, the Food and Drug Administration released results of inspections conducted in 2007, 2008, 2009, 2010, and 2011 stating that the company had unclean equipment and improper handling of food. Also, there is evidence – denied by the president of Sunland – that in the last three years, the company would send out products that had tested positive for salmonella through internal tests.
Very concerning now is that Sunland distributes not only to Trader Joe’s, but also to Target, Safeway, Whole Foods and other national grocery store chains. When the outbreak of salmonella was reported, many of these grocery stores repackaged the Sunland products and sold them under their own company names. Thus, there is the potential that contaminated peanut butter and other nut products is still on the shelf.
People who have been injured by a dangerous product need the advice of an experienced products liability attorney. If you or a loved one believe you have suffered adverse medical reactions as a result of tainted peanut butter or nut products, you may be entitled to compensation. Please do not hesitate to contact the attorneys at Connor & Connor Pllc today. The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We serve clients from all socioeconomic segments of our community and we will fight to ensure that you receive compensation for your injuries. If you or a loved one has been injured by a bad product, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a free consultation. Any delay could negatively affect your legal rights. You may contact the firm through email at email@example.com or by phone at (702) 430-4614 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc.