Proving Liability In Las Vegas
Proving Liability Means Finding Legal Responsibility For The Injury
If a person or company has caused an accident which resulted in injury in Las Vegas, Nevada Personal Injury Law (Tort Law) provides several legal theories to hold the wrongdoer legally responsible (liable) for the misconduct. There are three basic liability theories:
A Las Vegas Injury Lawyer Can Discuss Intentional Torts
- Intentional Torts
- Strict Liability
An "intentional" tort happens when a person injures another person on purpose. There is no accident and the misconduct was clearly meant to cause harm. For this reason, an intentional tort can often support an additional claim for the Intentional Infliction of Emotional Distress. The basic elements of an intentional tort are that there was a physical act upon the victim which was intentional and which resulted in injury. Intentional torts could warrant a damages award to punish the wrongdoer for such extreme and shocking conduct. However, intentional acts are not always insurable. An intentional tort can also occur if a person is substantially certain an action will produce an injury. Removing a chair that someone is about to sit down on will produce an injury to a substantial certainty. The intent factor can consist of "transferred intent" which would happen a rock was intentionally thrown at one person and ended up injuring a different person; as long as there was an intent to hurt someone, the misconduct would be an intentional tort. Below are some of the common intentional torts:
A Las Vegas Injury Lawyer Can Discuss Negligence In Las Vegas
Negligence is the failure to use reasonable care to avoid a foreseeable harm to a person. Negligence happens when a person fails to exercise the proper level of reasonable care in a particular situation. The standard of care is called the "reasonable person standard" and it hinges on a determination of what conduct is reasonable in a particular situation. The standard can be different for different occupations. Generally, a professional is held to a higher standard than someone who has no specialized knowledge. Doctors are judged by what is reasonable for a doctor practicing in that specific area of medicine. Reasonable conduct for an adult may not be reasonable for a small child. Basically, it takes a factual finding to determine whether certain conduct was reasonable under certain circumstances.
- False imprisonment
- Infliction of emotional distress
- Invasion of privacy
- Interference with contract
- Interference with prospective economic advantage
- Fraud and misrepresentation
- Abuse of legal procedure
The elements of a negligence claim are that there was a duty of care owed - that duty was breached - the breach of duty caused harm - the harm resulted in damages to the victim. The duty of care is a duty we face in every day life. A driver has a duty to exercise reasonable care to protect the passengers and other drivers on the road. If a driver runs a red light, there was a negligent act, however, if no one was hurt, liability would not attach. If the driver caused a car accident and someone was hurt or killed, the driver would be legally responsible for the damages and liability would attach. It was not reasonable to run the red light - running the light was a breach of the duty to exercise reasonable care - it was foreseeable that the unreasonable conduct would cause an injury. All of these factors are used to determine whether a person or company should be held liable for the consequences of conduct which heightens the risk of injury to a person.
The following is a small sample of the numerous negligence claims which could support an award of money damages:
Closed head trauma
Spinal cord injuries
Sports related injuries
Lower back injuries
Lack of informed consent
Traumatic brain injury
Failure to diagnose
Lack of security
Trip & fall accidents
Read more about negligence
on the Vegas Injury Law
A Las Vegas Lawyer Can Discuss Strict Liability
Strict liability can be used to hold a defendant liable for injury to another person even if there was no negligence or intentional misconduct. Strict liability can occur even when the Defendant acted as carefully as possible. Types of strict liability claims include:
A Las Vegas Lawyer Can Discuss Employer Liability
- Product liability ( defective products such as tire blowouts, vehicle rollovers, exploding gas tanks, airbag defect, drug recalls, etc.)
- Ultra-hazardous activity (dynamite blasting, transporting hazardous substances, etc.)
- Violent animals (wild animals and domestic animals who have attacked before)
Employer liability is another form of liability which may apply to your Las Vegas personal injury claim. Under the legal theory of respondeat superior, an employer can be held responsible for an employee's misconduct which happened while the employee was working (or doing anything in the course and scope of employment). The employee may still have personal liability, but the employer is held liable for actions which happened on the job. Negligent acts by the employee which occur off the job site can sometimes still be work related if the employer gained a benefit from the offsite or after hours activity. Also, employers have a duty to be responsible when they hire, train and supervise an employee. If an employer is negligent in performing these duties, the employer can be held reponsible for the negligence of the employee.
Contact A Las Vegas Lawyer To Learn More About Liability
If you want to discuss liability issues or any other personal injury information, you can get a free consultation with David Matheny, Esq. of the law firm of Dempsey, Roberts & Smith, Ltd. Our office is located in Las Vegas, Nevada and we provide legal representation for personal injury claims throughout Nevada.
David Matheny, Esq. for a free consultation.