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Las Vegas Litigation Law Blog

Traumatic brain injuries explained

Falls, car crashes and other accidents are often the cause of traumatic brain injuries, but many people in Las Vegas may not know when a blow to the head is medically considered a TBI. According to the Mayo Clinic, it is when brain dysfunction occurs because of the incident.

Inside the skull, there could be torn tissue, bleeding and bruising of the brain from an external force, such as when the head collides with an object. It could also be caused by a piece of the skull or another object such as a bullet entering the brain. When there is a jolt to the body that causes the brain to bounce against the skull, a person could sustain a TBI, even if nothing actually strikes the head, as in the case of a person who suffers whiplash.

What Nevada statutes have to say about deceptive trade practices

When a company lies to consumers in Las Vegas, it may result in damages for those who make the purchases, and the effects can be disastrous for other businesses, too. There are federal laws defining the parameters of this behavior, and Nevada state law also provides details about what constitutes deceptive trade practices.

One of the key words when it comes to deceptive trade practices is “knowingly.” A company that makes a mistake rather than an intentionally false statement or misrepresentation may not be liable, depending on the context of the situation and other factors. For example, a person cannot claim that a product is original when he or she knows it has been altered. If a product has water damage, that has to be disclosed, too.

Appealing an eviction order

Being evicted from your home in Nevada can be a traumatic experience, but even after you have unsuccessfully filed a motion to cancel the eviction order, you may have options. There are many post-trial strategies that may result in a reversed outcome and allow you to stay in the house. Our team at the Aldrich Law Firm, Ltd., has offered legal advice and represented many people who are seeking resolution for landlord-tenant issues.

The Legal Aid Center of Southern Nevada explains that it may be possible to appeal an eviction order. This can typically be done when you think the court made a mistake in granting the eviction to your landlord. However, you are on a strict time limit, so it is essential to move quickly. You must file your documents within ten business days from the day that the eviction order has been filed with the court, and before you have moved out of the house.

Why do so many car crashes happen in the summer?

Whether you are one of those people who look forward to the summer months in Las Vegas all year, or you prefer cooler weather, getting out during this season can be risky. According to a study reported by the New York Post, your chances of a car accident go up in July and August.

Even though there is less inclement weather, these are the deadliest months on the road. Here's why.

Specialty courts for complex litigation in Nevada

As most entrepreneurs and business owners would probably agree, the amount of knowledge needed to successfully manage a company of any size in Nevada can be vast. The legal information necessary for drafting contracts alone leads many to keep an attorney on retainer for the company. With so much need for specialization, The Pew Charitable Trusts points out that many states have determined that it makes sense for them to create courts solely for hearing complex litigation cases.

Critics claim that district court judges have been effectively trying these cases for decades, making the creation of specialty business courts unnecessary. However, advocates disagree. They point out that judges who have been business or commercial law attorneys or who have spent much of their time trying this type of case are in a unique position to understand the complications that often contribute to complex disputes. Not only that, by moving large, complex cases off the regular docket and into their own forum, the entire justice system moves more quickly.

Forgery claim may ruin art dealer’s career

When an expert in a field impugns the character or skill of another in a public forum, it could cause damages for a Nevada business owner in more than one arena. Just the loss of trust or respect from others within the industry could ruin the company. However, proving that defamation occurred, either through a written or spoken statement, and that it cost actual, physical damages may be challenging for anyone seeking to restore a professional reputation.

One such lawsuit filed by an art gallery owner claims that he is the victim of defamation after an auction owner told one of his customers a painting he sold was a forgery. That collector had attempted to sell the artwork at the auction and was refused, even though the auction owner had allegedly reviewed the painting from an image rather than inspecting it in person.

When judges make mistakes

Taking someone to court over an injury you sustained on his or her Las Vegas property could result in compensation for the costs of your medical care, pain and suffering, and other damages. However, there is no guarantee that the judge will see things your way. At the Aldrich Law Firm, Ltd., we have helped many people successfully appeal premises liability decisions after an incorrect judgment.

Sometimes, the problem is not with the law, but with how a judge interprets it. The UNLV William S. Boyd School of Law provides an illustration of this through a summary of Foster v. Costco Wholesale Corp.

Is it negligence? Elements of premises liability

If you had to focus on your own personal safety constantly, going shopping or out to eat in Las Vegas could turn into a chore. When business owners have done their job right, their establishments will not have hazards threatening your well-being at every turn. In fact, the law holds them responsible for ensuring that they do not put anyone in danger through negligence.

According to Cornell University Law School’s Legal Information Institute, negligence can be either an act, or a lack of acting, but either way, it is based on how a reasonable person would respond in that circumstance. The factors in determining this include how likely it is that the action or omission will cause someone to get hurt and how severe an injury might be anticipated, as well as what measures the owner should be realistically expected to take to ensure your safety.

The basics of products liability

When you create a product in Nevada, you have a responsibility to make sure that it is safe. However, you may not be able to predict ways that consumers may interact with it, and all the ways in which an accident may happen. The team at the Aldrich Law Firm, Ltd., has provided advice to many companies facing products liability litigation.

The Cornell University Law School’s Legal Information Institute explains that federal law does not address products liability; it is purely within the jurisdiction of state law. There are regulations that states may use as a guide for the legislation, though. It includes three basic aspects of a product that may be faulty.

  • An issue may develop during the manufacturing process. In this case, most of your products may be fine, but you may have a lot or even just one or two items that the problem alters in a way that could lead to harm.
  • All of the products may be defective if the basic design has a flaw in it.
  • You must make sure you label your product for correct use. This includes all-inclusive instructions and any dangers that may arise from misuse.

What is a breach of fiduciary duty?

As a corporate officer of a company in Las Vegas, you naturally want your business to succeed. It may be that not everyone involved in your corporation is as committed as you are. According to the American Bar Association, if your partners, directors and controlling shareholders do not fulfill their fiduciary duties, you may be able to take them to court to hold them liable. However, proving that there has been a breach of fiduciary duty is not always cut and dried.

Acting with care is one of the duties that an officer owes to the corporation. So, acting prudently and in good faith may be enough to sidestep a breach, even if a person makes a bad decision that costs your company and the shareholders a significant amount of money.

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