We are seeing more and more lawsuits alleging that a plaintiff was served something that was not a potable drink and sustained serious injuries as a result. In one case, a dishwasher fluid looked a lot like cranberry juice. In this recent case, a customer was served cleaning fluid as opposed to beer from a tap. The taps were closed for cleaning at the time, something that employees either knew or should have known. The customer sustained permanent injuries as a result of the incident. He no longer has his sense of taste and suffers from stomach ulcers. He is also at increased risk of developing cancer.
The casino admitted liability for the incident and offered the defendant a settlement of $300,000. The plaintiff rejected that settlement and took the case in front of a jury.
Analyzing the Verdict
The problem for the defense is that they have no reasonable theory that allows them to say that they are not responsible for the injuries to the plaintiff. Instead, they have to try to minimize the plaintiff’s damages. They would likely contend that the man suffered very little earning loss as a result of the injury. They would further contend that his quality of life had not been severely reduced by the injury. However, the man continues to suffer from chronic pain and will never get his same quality of life back. The defense believed that the plaintiff’s case was worth about $300,000. A jury came back with a verdict of $8 million.
It is typical for a lawsuit like this to settle under seal. The proprietor does not want customers thinking about their mortality while they are trying to gamble, so keeping the matter out of the news is preferable. Nonetheless, you have to pay for the privilege. Getting an NDA on a lawsuit is a chit for the defense. It has to be compensated. In this case, it remains unclear why the defense rolled the dice in front of a jury without a real defense. However, personal injury attorneys are often accused of exaggerating the amount of harm our clients suffer to secure larger settlements. If the defense believed that the plaintiff was less injured than he actually was, it would explain why they fought the case as opposed to settling it.
How Injured are You?
In most cases, a settlement figure or jury award is tied to your injuries, whether or not those injuries prevent you from working, and how reduced your quality of life is because of those injuries. While the defendant secured more money than some paralysis victims do in personal injury lawsuits, the level of negligence, in this case, was extreme. The consequences of that negligence are permanent. Ultimately, the jury found that plaintiff suffered $8 million in losses.
Talk to a Las Vegas Personal Injury Lawyer Today
H&P Law represents the interests of plaintiffs in personal injury lawsuits against negligent defendants. Call today to schedule a free consultation and learn more about how we can help.