Friday, February 17, 2012

Defective products

I noticed that there is a tendency among the general public to be very skeptical of defective product suits. That is because often they too often jump to the conclusion that the product was not defective but that the person could not use it properly. Although sometimes an injury caused by a product is the result of grossly misusing that product, oftentimes it is the result of a faulty design. A good example of this is ATV's. People think these vehicles are inherently dangerous, and of course they are. However, that doesn't mean someone should automatically jump to the conclusion that the driver is at fault if he or she wipes out on the ATV and suffers an injury. That is because the accident could have been a result of the ATV being an inferior product. For example, the particular ATV being driven could have been designed so that when someone takes a turn at 20 miles it flips over. However, every other ATV on the market could be designed to take a turn at 20 miles an hour. In that situation, because the company made a product that was less safe than others on the market they knew or should have known that people would become injured as a result of this design. Therefore, it seems only fair that someone injured by this product should receive compensation. When it comes to faulty designs the law takes into account if there could have been a safer design that is also cost effective. So basically a company will only be held liable for a design when there is a better safer design they could have chosen that also would not have been too costly to implement. I don't believe that this is such a high standard or an unreasonable one, and a lot of people don't understand this, and continue to be highly skeptical of fault product law suits. Therefore, I think it is important to educate the general public about these lawsuits.

Wednesday, February 15, 2012

Slip and Fall cases

Slip and fall cases can be very difficult. That is because there is often a question of fault on the part of the business owners. Usually the business owners try to claim that the plaintiff is at fault for not watching where they are going, even if there are obvious hazards on the floor or other areas of the premise. However, business owners are under a duty to periodically inspect their business to make sure there are no hazards on their property that can cause harm to patrons. This is often where the question of fault comes into play. There is the question of how often inspections should be completed, and how thorough these should be. Because there are often no clear answers to these questions, slip and fall cases often end up in litigation, and don't settle as easily as most personal injury claims arising from automobile accidents. Because these cases are often difficult many attorneys are reluctant to take them. However, at Reed and Mansfield we will not hesitate to take any slip and fall cases where we believe the owners of the business are at fault for the injury, and we are fully prepared to litigate these cases, and have experience litigating several of these cases.

Monday, May 24, 2010

New attitudes taken by insurance companies recently

It seems that lately insurance companies have been less likely to settle, meaning that we have been forced to file law suits more often. I think this is a mistake on the part of the insurance companies. They think that doing this will save them money. However, I think it will only cost them more since they will have to keep hiring attorneys to defend against the increase in law suits that will result from their refusal to settle. Unfortunately, the only effect this has is to waste time and money.
Our firm has found that the insurance company will often settle for a reasonable amount after we have filed a law suit. Although it is nice to settle a case without the expense and time necessary for going through with a trial, it still seems like a waste to have to file a law suit and began to prepare for a trial for a case that ends up settling once the insurance company comes up with a fair offer. However, the insurance companies are not always reasonable and refuse to settle in cases where they should know that the injured person is entitled to compensation. And I believe that in the long run refusing to settle these cases will only hurt the insurance companies.

Wednesday, June 3, 2009

Personal Injury Practice Las Vegas

I am a partner at the law firm of Reed & Mansfield, and we have handled many personal injury cases here in Las Vegas. One thing that I come accross often is that clients will tell me that they are not the suing type. I find this to be a surprising comment because many times these people have been seriously injured by people who have acted with no regard for their safety, and these same people have treated the people that they injured with contempt, and have the attitude that are free of any blame for what happened even if the facts show otherwise. Although, I find this comment to very surprising I understand why many people make it. Unfortunately, it seems that recently people have begun to look at personal injury law suits to be exagerrated and that the person initiating the suit is just out to make a quick buck. However, nothing could be further from the truth. In actuality most people who are injured in an accident are concerned mostly with paying their medical bills, and being compensated for time lost from work. There is a huge misconception that when someone gets injured they will be entitled to ridicuosly large sum of money that is grossly out of proportion to the injury they suffered. This is not what happens in reality. In reality the overwhelming number of people who initiate personal injury claims are just seeking compensation for the injuries they suffered. This is why everyone should be the suing type when it comes being compensated for injuries that are suffered. People are rightfully entitled to any compensation that will be awarded for the injuries they suffered. We here at the law firm of Reed & Mansfield fully understand this and will do everything we can to ensure that are clients are awarded the largest amount of compensation possible for the injuries they have suffered. Please see http://www.accidentawardslasvegas.com/ for more information. Or please call (702) 343-0494