New Year’s Eve is a night that’s celebrated around the world, and few places are more celebratory and festive than Las Vegas.  People come from around the world to ring in the new year in a place that’s made for action, but unfortunately, many people make bad decisions while taking part in the festivities.  As such, it should be no surprise that the number of DUI arrests in the area increased this year when compared to New Year’s Eve of 2009.

According to KTNV:

“Nevada Highway Patrol reports an increase in DUI arrests as partiers continue to get behind the wheel after a night of partying. Tentative numbers put New Year’s Eve/New Year’s Day DUI arrests at 82 and NHP warns that the number will likely rise as all violators are entered into the system.  Last year NHP made 73 DUI arrests.

“They don’t think they’re going to get caught,” says NHP trooper Alan Davidson.  ”They always think it won’t happen to me.”

While some DUI drivers are difficult to spot, Davidson says most are not.

“You know a lot of drunks forget to turn on their lights. They don’t even pay attention. We see that a lot,” says Davidson.”

On the positive side, there have yet to be any reports of serious injuries or fatalities as a result of driving under the influence over the new year, but the increase in the number of incidents remains troubling.  If you or someone you love has been injured or worse in a DUI-related accident, you need the help of Las Vegas car accidents lawyers who have decades of experience in successfully holding those responsible for these injuries accountable.  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.

Sadly, two people in the Metro Police jurisdiction lost their lives in traffic related deaths this week. Metro Police announced that these fatalities bring the total traffic related deaths in 2009 to 46.

On Tuesday evening, tragedy struck a 48 year old riding his motorcycle on Desert Inn near the intersection of Crystal Water Way. Reports indicate that an SUV pulled int othe road from an apartment complex and struck the motorcyclist knocking him into the path of another vehicle. The motorcyclist was transported to UMC where he was pronounced dead. The driver of the SUV fled the scene. However, the police tracked him down and arrested him on Wednesday. Amazingly, the driver was only 15 years old. He has been charged with felony hit and run with a death.

On Wednesday morning, another motorcyclist died in a collision with a 2008 Hummer. According to reports, 75 year old Heinz Ward drove the Hummer north on Durango and proceeded to make a left turn to go west onto Sahara Avenue. The motorcyclist was traveling south on Durango and was unable to stop when the Hummer turned in front of him. Unfortunately, the motorcyclist was pronounced dead at the scene. Police reported that no charges have been filed but an investigation is ongoing.

Our sympathies go out to the families and friends of the decedents.  Carelessness in the blink of an eye can alter the course of so many lives.  Spouses can become widows or widowers.  Children can become parentless.  Parents can have to do the unthinkable and bury a child.  The list goes on and on.   Any death is terrible; however, a preventable death is even more tragic. When a person gets behind the steering wheel in a car or SUV, he/she has a duty towards pedestrians, motorcyclists, and fellow drivers to utilize a duty of reasonable care. While it is common sense, drivers need to be reminded that motor vehicles can become deadly weapons and must be treated with respect. Drivers need to maintain a proper lookout and be especially mindful of pedestrians and motorcyclists which may be more difficult to see than other cars. Drivers need to use good judgment in controlling speed based upon the immediate circumstances and conditions which may dictate use of a speed below the limit. Drivers must remember that their time is not any more important than that of another. Drivers that are in a hurry are more prone to be less careful resulting in an accident. Finally, drivers should refrain from talking on cell phones unless “hands free” devices are used. Reading and typing text messages should obviously be forbidden.

If a driver fails to use reasonable care and negligently causes injury or death, the injured person or the survivors of a decedent have a right to pursue monetary compensation for their losses. Damages may include economic losses such as medical expenses and wage losses as well as noneconomic losses to compensate for bodily injury, scarring, pain and suffering, mental damages, loss of companionship, and a reduction in the enjoyment of life.

If you or a loved one has been the victim of vehicular negligence, you should contact a trial attorney with experience handling negligence and wrongful death cases. An experienced trial attorney understands the importance of securing evidence as early as possible not only to prove fault but to also demonstrate damages to fully maximize a recovery.

Las Vegas attorney Jack Bernstein has been helping the victims of negligence for more than 25 years. His partner, Scott Poisson, has been practicing injury law for more than 16 years.  They have helped thousands of people obtain the compensation that they deserve for the injuries suffered as a result of negligent drivers.  You can contact Jack Bernstein & Associates for a free consultation to discuss your legal rights at 702-434-4444 or 888-592-4529.

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.