Personal injury situations can arise in almost any context, and while there are common types of cases that include Las Vegas car accidents and the like, some scenarios are very strange indeed.  Unfortunately, one woman was victimized by one of these strange situations on Thursday when she was injured by a propeller attached to a plane at McCarran International Airport and sent to the trauma unit at the hospital.

The incident occurred on Thursday afternoon at approximately 4:30 p.m. when a 21-year-old woman, whose name has not been released, was hit in the head by a plane propeller.  The propeller was part of a private Beechcraft Bonanza plane, and the woman’s injuries were not disclosed.  The fact that she was transported to the trauma unit would suggest that she suffered cuts in the least.  The condition of the woman was not disclosed either, and more statements are expected to be released soon.

Las Vegas Personal Injury Scenarios

While few if any statistics are kept in this regard, Las Vegas personal injury scenarios can arise in almost any situation, as stated above.  Furthermore, this sort of incident gives rise to several competing theories of liability.  If the woman decides to bring a Nevada personal injury lawsuit against the party or parties who were allegedly negligent on Thursday, such a claim could be brought on theories such as premises liability on the part of those in charge of the airport location where she was harmed, or there could be a valid claim brought against those who failed to secure the propeller and who allowed her to go near such a dangerous situation.

Las Vegas Personal Injury Lawyers

While more facts obviously need to be made available to determine which parties could be liable for the woman’s injuries, we’d first like to express our hope that she is able to recover from the damage done and get back into her routine as quickly as possible.  In addition, if she does decide to look into the possibility of filing a Nevada personal injury lawsuit, she or anyone else who has been harmed should only do so with the help of Las Vegas personal injury lawyers who have many years of experience in fighting successfully for the rights of those who were wronged.  Those who find themselves in this situation should contact Jack Bernstein & Associates today to schedule a free initial consultation.

I have been practicing law for more than 16 years. I am a partner at Jack Bernstein & Associates , a Las Vegas injury law firm, where we only represent people that are injured as a result of the negligence of another person or business.  We have a very active slip and fall practice.  We have brought claims resulting from slip and falls against grocery stores, convenience stores, and casinos throughout Las Vegas and Clark County.  I cannot tell you how many times clients are shocked when I inform them of the law and the unfair burden that is placed on a person injured as a result of a fall. Here is how it typically goes:

I ask the person what happened. The person invariably responds by stating that he/she has a great case because he/she suffered injuries after slipping on water or some other liquid in a store. The emphasis should be on the fact that the person thinks that it is an open and closed case merely because there was water on the store’s floor.

Unfortunately, I always have to be the bearer of bad news and say, “not so fast”. You are probably saying—what is this lawyer talking about—the person slipped on water in a store……..why would that not be a slam dunk case. Here is why….

The fact that a slippery substance was on the floor is only the beginning and it makes no difference how serious the injury. It does not matter if a person falls and breaks his/her neck. The basic law remains the same. In general, the law requires or places the burden on the injured individual to prove that the store was negligent.  It is usually not enough that there is simply water on the floor.  You have to show that the store did something wrong.  In legal terms, the injured individual usually is required to prove that the store knew or should have known about the slippery substance on the floor and had enough time to clean it up or provide warning to its customers.

Usually, it is not easy to prove that a store employee actually knew about the hazard. While I have had a few cases where a store employee comes forward and admits to either causing the spill or knowing about it but not doing anything in time, however it is few and far between where the “honest” employee comes forward. Now you understand why I say the law is unfairly tilted in favor of the store owner.

While it is often difficult to actually prove that a store employee actually knew about the slip hazard, experienced Las Vegas slip and fall lawyers turn to the second prong—the should have know part. This test does not require proof of actual knowledge. It requires evidence and an argument that if the store employees were doing their jobs properly, they would have been able to prevent the slip and fall before it actually occurred. It takes an experienced slip and fall lawyer to understand the importance of carefully questioning the client and any other potential witnesses regarding their observations at the time of the fall. For example, if shopping cart marks or footprints trail through and around the slippery substance, an argument can me made that the store “should have known” about the substance because it can be inferred from the multiple marks or footprints that the spill did not just happen. Similarly, if an employee was observed in close proximity just prior to the slip and fall, it can be argued that the store employee should have known of the hazard if he/she was on the proper lookout. This argument is especially effective when slip and falls occur in the vicinity of the cashiers.

The lawyers at Jack Bernstein & Associates take slip and fall injuries very seriously. At Jack Bernstein & Associates, we believe that stores have a heightened responsibility to be on guard for hazardous conditions. Stores want the public’s business. They want their premises busy. They want people paying attention to what is on the shelves and not to the floors. As a result, Jack Bernstein & Associates believes that stores should diligently and timely inspect and maintain its property throughout store hours to prevent the serious injuries that can occur when customers slip and fall.

So if you ever witness someone slip and fall in a store, please come forward as a witness and make a mental note of everything that you observe. Your observations may be the difference between whether an injured person is or is not fairly compensated.

If you were injured as a result of a slip and fall and have questions, please do not hesitate to contact Jack Bernstein & Associates.  The consultation is free.

Wishing you the best,

Scott L. Poisson, Esq.

Las Vegas injury attorney, Jack Bernstein, and associate, Glen Howard, successfully obtained a six figure settlement in a premises liability case. Bernstein’s client, Ralph Aguado, had recently moved into a multiunit rental community. On a December evening, while walking towards the parking lot, Aguado tripped on a metal pole that inexplicably was fastened to the outer gate to the ground. As a result, Aguado suffered a fractured hip which required surgery followed by 15 days in a rehabilitation center.

As soon as Aguado contacted Jack Bernstein & Associates, the firm immediately worked on trying to secure physical evidence that could help win the case. Aguado told the lawyers that the complex had already removed the metal pole. Fortunately, the lawyers successfully obtained a photo of the pole prior to its removal that an acquaintance had taken on a cell phone. In order to put maximum pressure on the complex’ insurance company, Bernstein decided that the prudent strategy was to quickly file a lawsuit. Once suit was filed, settlement negotiations were initiated which led to a successful resolution of the case. Bernstein was also prepared to argue that the lighting in the area was deficient.

Jack Bernstein is pleased that he was able to obtain an amount of money to fairly compensate Mr. Aguado for his injuries and the pain and suffering that he has endured. The key to this case was the firm’s aggressive work to secure the picture of the pole from someone’s cell phone before it was deleted combined with Bernstein’s effective litigation and negotiation strategy.

Jack Bernstein has more than 25 years experience and handled thousands of trip/slip and falls. Bernstein’s partner, Scott L. Poisson, has more than 16 years experience representing individual’s injured as a result of negligence. Jack Bernstein & Associates aggressively pursue trip/slip and fall cases because the firm believes that property owners have a duty to properly inspect and maintain their properties to remove hazardous conditions so as to prevent serious injuries. If you have been injured due to the carelessness or negligence of another person or business, contact Jack Bernstein & Associates to discuss your potential case. The consultation is free.