Every year, thousands of Americans are hurt in serious defective chair accidents and require emergency room services to treat their medical injuries. A person may fall off a chair due to it collapsing, fingers may be sliced or even severed by a chair with jagged edges, or hands may be crushed and broken between seats and their bases. These types of defective chair accident injuries can happen anywhere – in a private home, a commercial business, or on public property so be sure to talk to our Las Vegas product liability lawyers today.
If you or someone you know has been hurt in a defective chair accident in Henderson or any other part of Nevada, contact the experienced Las Vegas defective chair lawyer at H&P Law today to learn about your options under the law. Our defective product personal injury attorneys have the knowledge and experience to help you navigate this legal process. It is not always as easy as it may seem, but we can always provide you with guidance on your legal options.
Liability in Defective Chair Accidents
It is important to understand that a business or property owner is not automatically liable if you are hurt in a defective chair accident. This is because Nevada courts and courts across the nation use the legal doctrine of premises liability to determine who is at fault and financially responsible for the harm. Commercial establishments owe a legal duty to the public to ensure their chairs are safe to use.
The injured person, however, bears the burden of proving his or her chair injury claim. That means that our defective product attorneys can work closely with you to determine who may be responsible. Specifically, a person injured in a Nevada defective chair accident must establish that:
- The business knew, or should have known, that the chair was damaged or otherwise defective;
- The business failed to repair or remove the damaged or defective chair;
- The failure to repair or remove the chair (negligence) breached the duty to keep patrons safe;
- The business’s negligence was the actual and legal cause of the harm suffered, and
- The injuries suffered by the victim caused real damages (medical bills, lost wages, pain and suffering).
Defining Who Is Responsible
Notably, if the chair was defective due to poor design, manufacture, or marketing, then product liability law governs the case. If an injured party can successfully prove that the chair was defective, then there is strict liability for the defendant. The key is being able to prove this.
There are several ways in which a knowledgeable Nevada attorney can prove your chair injury claim. This includes presenting as much hard evidence as there is available, such as eyewitness statements, photographs of the defective chair as well as other chairs for comparison and injuries suffered, and video footage of statements made by workers at the business. We can also get more insight into the legal failures that occurred.
This often includes gathering data from witness experts and pulling information from responsible party data. We may be able to speak to professionals who are industry experts to uncover mistakes in regulations or compliance that could have created the risk. A Las Vegas defective chair attorney also works hard to preserve all information to prevent anyone from destroying that evidence. Contact H&P Law today to discuss the details of your case.
Damages Available in Nevada
It is important to understand that simply falling off of a chair or suffering a minor scratch due to a screw that was protruding is not enough to win your personal injury case. In short, a real injury must have occurred, resulting in medical bills. Lack of medical proof makes it difficult to win a personal injury claim. Keeping a good record of all receipts, hospital visits, doctor’s visits, medication needed, and other follow-up treatments to help your recovery is vital to your case.
A defective chair attorney in Las Vegas will work to uncover all of the potential losses you have as a result of this incident, and that often goes much further than what you can expect from just the medical bills you have. We look at how this incident has impacted your life so far, as well as what your future impact could be based on what evidence tells us. Some of the damages you may be able to recover in a case like this include:
- Medical bills
- Expenses related to recovery
- Pain and suffering
- Property damage loss
- Lost time at work
- Loss of consortium
- Loss of quality of life
- Loss of ability to earn a living
- Emotional trauma
Why It Is Hard to Prove Losses Yourself
While there are many situations in which you can easily present medical bills and provide information to the insurance company about your losses, the process is not always simple. Insurance companies will do all they can to prove that you were not hurt as a result of negligence and that you were responsible. As a result, we need to work with you to provide all evidence possible to prove your case and then help you in the following ways:
- File a claim with the insurance company for your losses
- Provide answers to all of the insurance company’s questions and concerns related to the claim
- Negotiate the terms and conditions as much as possible
- Go to court and file a lawsuit if the insurance company is not willing to be fair
- Limit your interaction and frustration with the insurance company
With a defective chair lawyer in Las Vegas available to you, we will ensure that the insurance company has a full understanding of the risks and losses you have faced due to the losses, making it hard for them to refute your claims and ensuring that you get the compensation owed to you. We are aggressive defenders of our clients’ rights to compensation. We will fight to help protect your rights throughout the legal process as well.
Contact Our Product Liability Attorney in Nevada About Your Accident
If you or someone you know has been hurt in a defective chair accident in Henderson, Nevada, you should contact the skilled personal injury attorneys at H&P Law. These experienced lawyers have protected the rights of the injured across Nevada for years. Click here today to schedule your initial case evaluation.
