Vegas Lawyer
Helping People Who
Were Hurt In Nevada

Dempsey, Roberts
& Smith, Ltd.
Attorneys-At-Law



Las Vegas Lawyers
Nevada Legal Help



Home
Car Accidents
Death Claims
Slip & Fall
Medical Injury
Product Defect
Other Claims
Contact Us

Las Vegas Lawyers

Vegas Injury Law

Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Las Vegas Personal Injury Law introduction on our home page. Also, you can get an overview of other claims like Wrongful Death, Auto Accidents, Slip & Fall, and Products Liability before you explore the Article below.

Click Above Or Below To Go To Vegas Lawyer:
vegaslawyer.net









Injuries On Government Land

Each year, dozens of children and adults are injured or killed from accidents that occur at active and inactive underground mines, sinkholes, pits and quarries. Nationally, in 1999 alone, 17 people died in non-mining accidents on mine property, according to the U.S. Department of Labor's Mine Safety and Health Administration. Three additional fatalities have occurred as of March 2000.

In addition to fatalities, serious injuries related to AML safety hazards also continue to occur. Most of these hazards comprise adits and other mine openings, often hundreds of feet deep. Leftover storage buildings, mill structures, equipment, debris, piles of tailings and waste rock, oil and chemical storage drums are typically found at AML sites. Vertical shafts and openings may be partially covered by vegetation to the point where a person may not even see the hole in the ground before stepping into it. People who enter mine openings may not become aware of deadly gases and lack of oxygen until it is too late to escape.

The potential for injuries and deaths to continue to occur each year increases as western population sprawl and recreational use of public lands increase, bringing the public into contact with heretofore isolated AML sites. Moreover, when injuries occur on BLM-managed lands, liability risks can ensue against the United States. Persons who become injured while visiting AML sites on public lands can attempt to recover from the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 2671 et seq. With certain exceptions, the FTCA provides that the United States will be liable for death, personal injury, or property damage caused by the negligent or wrongful act or omission by the United States.

Recently, the BLM was involved in a tort claim settlement resulting from an accident that occurred when two individuals were injured after entering an abandoned mine in proximity to a BLM recreation site. The settlement cost the United States an amount well into the hundreds of thousands of dollars. At this particular site, the BLM had placed a sign reading "Day Use Only - No Overnight Camping" in the general area where the AML site was located. Plaintiffs argued that the sign posting could have created an invitation for public use and a corresponding expectation that the area was safe for use.

To enhance public safty on BLM lands, the BLM is initiating proactive risk management actions aimed at reducing the potential for fatalities and injuries associated with AML sites to occur especially at high visitation area. If carried out effectively, a concurrent reduction in potential liability can also result. The liability of the United States is generally determined by the law of the State where the injury occurred. Because State law generally defines the duty owed to a member of the public, the exact allegation of negligence can vary from claim to claim, but the three most common allegations of negligence in cases involving hazardous land conditions are:

(1) failing to guard against the hazard;

(2) failing to warn against the hazard; and

(3) failing to give adequate warning against the danger.

Even without further survey efforts, the BLM's Abandoned Mine Land Inventory System (AMLIS) presently has more than 8,600 site records, and the inventory continues to grow as newly-identified sites are found during normal field work. Even the present inventory of known sites in need of cleanup is far more than the Bureau can respond to given limited fiscal resources.

Presently, State and Field Offices have been finding ways to address AML physical safety hazards chiefly through use of funds from the programs associated with the hazard. The recent tort claim experience now necessitates the need to establish priorities. National guidance is now being issued to guide the State and Field Offices on setting priorities for these cleanups in order to ensure consistency in priority throughout the Bureau. This IM establishes policies by which the BLM can assess its resource needs and begin to address the above three criteria. In determining appropriate mitigation and remedial measures, Field Offices may consider the design and construction standards used by their counterpart State or Tribal AML reclamation agency as useful guidelines.



This information came from a
US BLM online article.

*** Any law, statute, regulation or other precedent is subject to change at any time ***

Index | Home

Contact David Matheny, Esq. for a free consultation.

(702) 388-1229










Search for more information on Vegas Law and Las Vegas Lawyers:

Google







Dempsey, Roberts
& Smith, Ltd.

Nevada Lawyer
Nevada Accident
& Injury Law




















Vegas Lawyer
Nevada Accident
& Injury Law

Index | Home

Wrongful Death | Car Accident | Slip & Fall | Malpractice | Product Defect | Other Claims






DEMPSEY, ROBERTS & SMITH, LTD.
520 South Fourth Street, Suite 360
Las Vegas, Nevada 89101

Las Vegas Lawyer - Las Vegas Attorney - Las Vegas Personal Injury Lawyer

A Lawyer In Las Vegas Can Assist You If You Need Any Of The Following:

Las Vegas Lawyers
Las Vegas Personal Injury Lawyers
Las Vegas Injury Lawyer
Las Vegas Accident Lawyer
Las Vegas Car Accident Lawyer
Las Vegas Auto Accident Lawyer
Las Vegas Wrongful Death Lawyer
Las Vegas Fatal Accident Lawyer
Las Vegas Lawyer
Las Vegas Law Firm
Attorneys
Personal Injury Attorney
Injury Attorney
Accident Attorney
Car Accident Attorney
Auto Accident Attorney
Wrongful Death Attorney
Fatal Accident Attorney
Attorney
Lawyer Help
Lawyers In Las Vegas
Personal Injury Lawyer In Las Vegas
Injury Lawyer In Las Vegas
Accident Lawyer In Las Vegas
Car Accident Lawyer In Las Vegas
Auto Accident Lawyer In Las Vegas
Wrongful Death Lawyer In Las Vegas
Fatal Accident Lawyer In Las Vegas
Lawyer In Las Vegas
Legal Help
Death Claim Lawyer
Car Wreck Lawyer
Vehicle Accident Lawyer
Dangerous Product Lawyer
Defective Product Lawyer
Product Liability Lawyer
Premises Liability Lawyer
Slip & Fall Lawyer
Medical Malpractice Lawyer
Attorney Help
Death Claim Attorney
Car Wreck Attorney
Vehicle Accident Attorney
Dangerous Product Attorney
Defective Product Attorney
Product Liability Attorney
Premises Liability Attorney
Slip & Fall Attorney
Medical Malpractice Attorney
Death Claim Attorney In Las Vegas
Car Wreck Attorney In Las Vegas
Vehicle Accident Attorney In Las Vegas
Dangerous Product Attorney In Las Vegas
Defective Product Attorney In Las Vegas
Product Liability Attorney In Las Vegas
Premises Liability Attorney In Las Vegas
Slip & Fall Attorney In Las Vegas
Medical Malpractice Attorney In Las Vegas




A Las Vegas Lawyer can help you in any area in Nevada, including:

  • Las Vegas, Nevada
  • Henderson, Nevada
  • Battle Mountain, Nevada
  • Carson City, Nevada
  • Dayton, Nevada
  • Elko, Nevada
  • Ely, Nevada
  • Eureka, Nevada
  • Fallon, Nevada
  • Fernley, Nevada
  • Goldfield, Nevada
  • Hawthorne, Nevada
  • Paradise Township, Nevada
  • Laughlin, Nevada
  • Lovelock, Nevada
  • Minden, Nevada
  • Pahrump, Nevada
  • Pioche, Nevada
  • Reno, Nevada
  • Summerlin, Nevada
  • Tonopah, Nevada
  • Virginia, Nevada
  • Wendover, Nevada
  • Winnemucca, Nevada
  • Yerington, Nevada
  • Zephyr Cove, Nevada
  • Spring Valley, Nevada
  • Mesquite, Nevada



  • Neither the State Bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert.  Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. This site is intended for Nevada residents and those with legal issues arising under the jurisdiction of the State of Nevada.  This site does not give legal advice or create an attorney-client relationship.  Laws are different in other states and localities, consult a local attorney.

    The information in this web site is provided for informational purposes only. The information does not constitute legal advice. The use of this site does not create an attorney-client relationship. Further communication with an attorney through the web site and e-mail may not be considered as confidential or privileged. Please contact our attorneys if you wish to discuss the contents of this web site. Any laws, rules or statutes giving any information, restrictions or deadlines, are always subject to change at any time - Contact a local attorney to obtain the current status of such information.

    In the series of Articles on this site, many government PSAs and other information are excerpted. All such materials are believed to be in the public domain. If any work is protected, contact the webmaster at any of the e-mail links and the material will be taken off the site immediately.

    If you experience unusual problems with this site or discover dead links, please email the webmaster. Thank you.

    Copyright: David Matheny, 2003-2005.