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Las Vegas Litigation Law Blog

Road construction can be a hazard for Vegas residents and workers

Las Vegas is a busy, congested area, and there is much room for growth outside the city. Because of this, in combination with favorable weather year-round, there is usually some kind of road construction going on in the area. Established roads need regular maintenance and highways are frequently expanded and improved. While most people consider road construction to be an inconvenience as they encounter it while driving, construction also poses serious hazards to motorists and crew workers alike.

The dangers of road construction include the presence of construction vehicles and equipment, unexpected lane changes, debris in the road and rapidly slowing or stopping traffic. Traffic is often made more congested by lane closures. Drivers may be impatient or inattentive, resulting in work zone accidents. Passenger traffic often shares the road with large trucks on freeways, which may be particularly dangerous in a work zone. The Elko Daily Free Press reported on an accident that occurred last July, during construction on U.S. 93. Reportedly, traffic was stopped in the work zone and a semi-truck struck three vehicles. Five people were injured and one woman was killed.

McAfee lawsuit highlights the use of a name as a copyright

As discussed in previous blog posts, infringing on another person or company's trademark can result in serious legal repercussions. A trademark is a logo, catchphrase, jingle or other form of intellectual property that sets a business's brand apart from others. Consumers in Las Vegas and elsewhere should be able to easily recognize a strong trademark as belonging to a particular company or brand. For example, everyone recognizes Disney's iconic mouse ears.

The United States Patent and Trademark Office points out that a copyright infringement might occur when a person or company's trademark that is similar to another's might cause confusion among consumers. Copyright infringement might be accidental or intentional - as in a small business creating a logo that is similar enough to the Disney mouse ears as to make consumers think the product is from Disney.

Can I interpret my dog’s body language to avoid being bitten?

One of the most frightening and potentially life-threatening events someone in your family might face is being bitten by a dog. Many dog bites in Las Vegas are the result of a dog the victim knew; often, it was the family dog, and children are among the most vulnerable victims of dog attacks. Understanding the body language that dogs express may go a long way toward keeping you or one of your loved ones from being bitten.

According to Web MD, dogs have a complicated system of facial and body language. However, you can learn to recognize the signals your dog is sending you. The easiest ways to interpret a dog’s moods and intentions are through his eyes, ears, mouth, tail and body stance. For example, if your dog is happy, his eyes and ears may appear relaxed. He might be looking at you, but should not be staring rigidly in your direction. His tail may be wagging gently or, if he is especially thrilled to see you, in a wild and circular motion. He might also wiggle his entire body. His mouth could be closed or open in a way that suggests a smile, sometimes with the tongue comically hanging out.

City's deteriorating water system leads to slippery surface

From leaky pipes to wet surfaces caused by mopping and spills, there are all sorts of reasons why floors can be slippery. However, when business and property owners fail to handle the problem in a timely manner, they leave others at risk. In Las Vegas, and cities across the entire state of Nevada, it is important for everyone who owns a business to watch out for slippery floors and any other dangers that may pose a risk to those who enter their premises.

In a Louisiana city, a deteriorating water system has caused a slip-and-fall risk in one neighborhood, according to a resident. In fact, the man claims that he has fallen down in standing water that has accumulated due to a leak in the water line. Moreover, the man says that the standing water is a suitable place for mosquitoes to breed.

Recovering from a slip-and-fall accident

Whether you are shopping in a grocery store or walking on the sidewalk outside of a business, it is important to be aware of any hazards that could cause you to suffer an injury, such as falling objects or poor lighting. However, in Las Vegas, and across the state of Nevada, you should also watch out for slippery surfaces and the risk of falling down. Unfortunately, slip-and-fall accidents often occur because of a business owner's negligence and failure to properly maintain the premises. At the Aldrich Law Firm, Ltd., we know all too well how difficult it can be to move forward after a slip-and-fall incident.

An unacceptable number of people are injured every year in slip-and-fall accidents, which turn their lives upside down in a multitude of ways. After a slip-and-fall accident, you may face financial hardships due to medical expenses or lost wages since you are unable to work. Additionally, you may have significant physical injuries that cause a great deal of pain. You may be dealing with other challenges as well, such as depression or feeling angry about what took place. In order to piece your life back together, it is vital to understand all of your options and ensure that anyone responsible for your suffering is held accountable for their negligence.

What dangers should Nevada motorists watch out for this fall?

When it comes to fall and winter weather, Las Vegas residents stand to encounter much milder conditions on the road, compared with Northern Nevada and many other states. However, this does not necessarily mean that you and others are immune from fall and winter conditions this year. As always, it is smart to be aware of weather conditions, as well as your surroundings while you are driving.

According to Esurance, the changing weather conditions in fall and winter can produce many dangerous situations. Unless you are planning a trip to Reno or Lake Tahoe within the next few months, you are not likely to encounter any snow or ice in Nevada. You might, however, deal with the occasional patch of frost on a particularly chilly evening. This hazard can be especially dangerous in Southern Nevada, since most drivers will not be expecting it.

Flexible hour plans may mutually benefit employers and staff

Employers in Nevada and other states must follow rules regarding how many hours a week an employee works before getting overtime pay. This is to ensure workers are given a fair wage for putting in more hours than is considered a normal work week, as well as to prevent employers from taking advantage of their staff.

According to the Nevada Legislative Counsel Bureau, employees in Nevada are entitled to 1 1/2 times their regular pay when they work more than eight hours in one day or 40 hours in a week. Exceptions may include regular pay for working 10 hours a day for four days in a week. Many employers will avoid having their staff work overtime, as the employment costs can add up.

The general rules surrounding the public domain

It is a song that is probably the most performed out of any other tune in America, but was rarely heard on television or in movies because of copyright claims. Yet countless families across Nevada and every other state would sing it to each other every day. A recent ruling by a U.S. district judge has sent the Happy Birthday song into the public domain.

According to CBS News, the company that previously owned the Happy Birthday song and charged a royalty to anyone who wanted to use the song in a commercial recording, video or movie, recently agreed to repay $14 million in accumulated licensing fees to numerous artists and entities. The song was originally created in 1893, and had passed through ownership by numerous music companies throughout the decades. Now, Warner/Chappell music must relinquish ownership of the iconic song.

Lawsuit against cosmetics company highlights emotional damage

Often, when there is a products liability suit against a company in Nevada or elsewhere, someone claimed to have been injured, either as a result of a faulty design or a manufacturing defect. It is possible, however, for an unhappy consumer to make a case against a product for financial or emotional harm. In many instances, this involves the health and beauty industry.

Recently, a mother and her 11-year-old daughter joined a class action lawsuit against the cosmetics company WEN by Chaz Dean. Reportedly, a type of shampoo that the company claimed would strengthen and thicken hair resulted in hair loss for thousands of customers. Consumers also said the product caused rashes. After 21,000 complaints were filed against the company, the U.S. Food and Drug Administration began an investigation. The administration rarely issues safety alerts, but sent one out after reviewing the complaints. Evidence against the product included pictures of the little girl showing massive hair loss around her entire scalp.

Understanding the arbitration process

As a Las Vegas businessperson, you may at some point find yourself facing litigation. At the Aldrich Law Firm, Ltd., we understand that you might want to know about the options available to you if you are facing a lawsuit or planning for the possibility of one in the future. Would it be in your best interest to go to trial with a judge presiding, should you try to settle out of court or would arbitration be a good choice? The answer can depend on your personal preferences, as well as the individual circumstances surrounding the case.

In this post, we will be discussing arbitration. What is arbitration, and how exactly does the process work? According to the World Intellectual Property Organization, arbitration functions in much the same way as the litigation process; however, it is a form of alternative dispute resolution. During arbitration, you may be able to call witnesses, present evidence and argue for your case. An arbitrator or panel of arbitrators would make the final ruling, rather than a judge. In order to arbitrate a case, both you and the other party would need to agree to it. You may choose to include an arbitration clause in your contracts with employees, subcontractors and consumers.

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