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How to Choose a Nevada Personal Injury Law Firm

After being injured in an accident, choosing the right attorney can feel like picking from a hat. There are dozens of personal injury law firms in the Las Vegas area alone. Anyone who has driven through Las Vegas has seen the barrage of billboards from lawyers looking for clients. A similar barrage is found across the media spectrum, from radio and television to the Internet. In the face of this flood of information (and misinformation) it is important to refocus on the things that really matter when it comes to choosing an attorney.

  1. Personal service. Some law firms have adopted a “high volume” approach to litigation. Such firms hope to make more money for their partners by adopting a standardized, impersonal process for each client. At GGRM we believe that a quality law firm treats each client with the respect and attention they deserve. Someone who is dealing with a serious injury probably has a wide range of related problems that are adding to the stress of being hurt. To really serve the client’s interests an attorney has to take time to tailor legal strategies around the personal needs of the client. That means taking the time to get to know the client, treating the client like a person and not like a number.
  2. Experience. The difference between a relatively junior attorney and one with experience can be enormous. Mastering the procedural components of litigation is only part of the process of becoming a competent attorney. A seasoned litigator knows how to craft arguments that anticipate the other side’s strategies and frame the debate in a favorable light.
  3. Resources. Personal injury litigation can sometimes require sophisticated outside resources, like expert witnesses. It also requires a quality team of professionals within the firm, such as experienced paralegals. A common misconception is that only the largest firms have access to these resources. The truth is that even small firms can have a deep pool of resources available to support a client’s case. Part of developing those resources comes through a firm’s experience, but it also comes from a willingness to invest in the case.
  4. Fee structure. Law firms charge clients in a variety of ways. A typical personal injury case is taken on contingency, which means the firm doesn’t get paid until it has reached a favorable outcome for the client. Not all contingency fee arrangements are created equal. Some firms try to pass on costs to clients regardless of the outcome of the case, and many firms charge exceptionally high fees even for cases that are fairly straightforward. An ethical firm not only explains in detail how its contingency fee arrangements work, but also works hard to keep its costs under control.

The attorneys at Greenman Goldberg Raby Martinez have represented injured clients in the Las Vegas area for over 45 years. We are proud of our long-standing tradition of providing high quality, personalized service to our clients. Call today for a free attorney consultation at 702-388-4476 or request a call through our website.

Challenges to Suing a Homeowner’s Insurance Policy for Personal Injury

Someone who suffers an injury at a private home may be entitled to coverage under the homeowner’s insurance policy. Insurers are experts at denying claims and will frequently look for reasons why an injury did not qualify under the homeowner’s insurance policy. Policies are written to provide insurers with numerous ways of escaping liability. As a consequence the insurer may need to be sued, often along with the homeowner. In doing so the injured plaintiff can face a number of challenges. Here are two examples.

Coverage limits may not fully compensate the plaintiff

The first challenge can simply be the coverage limits built into the policy. It should be no surprise that a homeowner’s policy is deliberately designed to limit the financial exposure of the insurer to risk. Policies do this in part by placing strict caps on how much the insurer will pay out for different events. The details of these caps can draw fine distinctions between who qualifies for coverage, how much coverage will be given to specific types of injuries, and so on.

A policy will always specify how much the insurer will pay for a given injury (normally some factor of $100,000). Many policies include “umbrella” provisions that add an extra catch-all value on top of the itemized coverage. The insurer will not pay more than the maximum amount of coverage. The first challenge for plaintiffs is often that the amount available under the homeowner’s policy is simply not enough to cover all the costs associated with an injury. A policy with a coverage limit of $100,000 per incident and a $500,000 umbrella provision will not make a plaintiff whole if the plaintiff is facing $1 million in damages.

Plaintiffs may not be covered in some situations

A second challenge can arise if the plaintiff is not within the scope of coverage. Some policies may distinguish between full-time residents, guests, and contractors. It may also disclaim responsibility for specific types of injury. As a hypothetical example, a policy might specify that the insurer does not cover accidental electrocution of someone who is working on electrical systems without the appropriate professional license.

One area where this “category” problem can be important is cases where the injured person was performing services for the homeowner at the time of the injury. Many homeowners’ insurance policies disclaim responsibility for injuries to contractors, with the idea being that the contractors will already have their own insurance. If a neighbor is injured while helping a landowner clear brush, the insurer may look for ways to characterize the neighbor as a contractor. One way it might succeed in doing that is if the neighbor was being compensated in some way for the work. For example, if the neighbor is helping out as a way to repay the landowner for lending the neighbor a tractor, that might be enough to place the neighbor outside the coverage scope.

GGRM is a Las Vegas personal injury law firm

Being injured at another person’s home raises a lot of difficult questions, not least of which can be how to preserve the relationship with the homeowner despite being in a legal dispute. For more than 45 years the law firm of Greenman Goldberg Raby Martinez has helped injured clients recover compensation. We work with clients to examine the complete picture of each case to ensure that the client’s personal and financial interests are protected. Call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.

Suing for Childhood Sexual Abuse in Nevada

The results of various studies suggest that victims of childhood sexual abuse rarely see justice done to their attackers. The reasons for this are as sad as they are complex. Very young victims may not understand that they have been abused, may be afraid of speaking up, or may simply lack the vocabulary to express what has happened. Abusers may be otherwise trusted friends or family members who escape discovery by carefully maintaining a veneer of respectability. But when victims grow up they do not need to accept what happened to them when they were young without fighting back.

Nevada is one of many states that has adopted a special statute of limitations for civil lawsuits brought against perpetrators of childhood sexual abuse. Statutes of limitations set strict deadlines by which a lawsuit must be filed to be valid. For many civil causes of action, like negligence, Nevada’s statute of limitations is two years from the time the plaintiff knew about his or her injury.

In recognition of the special nature of childhood sexual abuse, Nevada has extended the statute of limitations that applies to causes of action that arise from it. Under NRS 11.215, a victim of childhood sexual abuse must file a civil suit within the later of twenty years of reaching the age of 18, or within 20 years of discovering that an injury, such as psychological trauma, was caused by the abuse. This latter provision provides recourse for individuals who only recall their abuse through the assistance of a therapist.

Nevada law defines “sexual abuse” broadly. In addition to the sort of behavior that need not be described, it includes behavior that is done “with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of [the] person.” NRS 201.230(1)(a). The laws governing sexual abuse are criminal statutes, meaning that the perpetrator may be prosecuted and sent to prison for an extended period if convicted. Unfortunately, in many instances the lack of evidence makes criminal prosecution less likely.

Even if prosecutors do not pursue a case the victim of childhood sexual assault should consider filing a civil lawsuit. Quite often the victim has suffered a range of long-term psychological consequences following the abuse, for which they should be compensated. To recover damages in civil court a victim of sexual abuse must be able to show by clear and convincing evidence that the abuse occurred.

For more than 45 years the law firm of Greenman Goldberg Raby Martinez has helped injured clients recover compensation. We understand that childhood sexual abuse is a complex and difficult topic. Our firm is committed to providing every client with personal, caring attention. Call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.

Medicaid and Personal Injury Lawsuits in Nevada

In the course of a personal injury lawsuit the aim is always to get the injured person the care they need and financial compensation for the costs associated with the injury. In the course of every case a client works with attorneys to make decisions that can have long-term consequences. Clients who are Medicaid recipients often face a crucial choice between pursuing financial compensation and staying eligible for Medicaid.

Medicaid is a need-based program that offers health insurance coverage to individuals who might not otherwise be able to afford it. In Nevada a household with an annual income that is up to 138% of the federal poverty level may qualify for the program. The federal poverty level varies according to the number of individuals in a household. For a family of four in 2018 a household making up to $33,383 annually may qualify for Medicaid coverage. Note that the Children’s Health Insurance Program, or CHIP, extends coverage to children in households with annual incomes up to 200% of the poverty guideline.

A financial award resulting from a lawsuit, whether obtained through settlement negotiations or as the result of a trial, is a financial asset of the prevailing plaintiff. This is true even if a significant portion of the award will go toward outstanding debts. Medicaid recipients are required to report the change in their available resources to the Department of Health and Human Services by the fifth day of the month following the finalization of the award. Quite often these awards exceed the qualifying threshold for Medicaid, meaning a plaintiff must choose between continuing to qualify for Medicaid or accepting the award.

However, there are alternatives to losing Medicaid coverage:

  • For relatively small awards a plaintiff may have the option of simply spending enough money within the month to stay below the qualifying maximum.
  • Recipients of larger awards may have the option of forming a special needs trust. A special needs trust is a separate legal entity that is created to own assets for the benefit of a person who receives needs-based assistance, like Medicaid and Supplemental Security Income (SSI). Assets placed in the trust can only be used for specific purposes that Medicaid doesn’t cover. Special needs trusts are subject to complex rules and need to be crafted by an attorney.
  • Plaintiffs can use awards to pay off debts owed under caregivers’ service contracts provided that the contracts are properly drafted. There can be a range of consequences for doing things this way, which a lawyer can help the plaintiff understand.

Medicaid recipients who have been injured in an accident should not hesitate to talk to a personal injury attorney. For more than 45 years the law firm of Greenman Goldberg Raby Martinez has helped injured clients recover compensation. If you would like to speak to an attorney about your injury, call us today for a free consultation at 702-388-4476 or reach us through our contact page.

Tools for Proving Brain Injury

Before a plaintiff in a personal injury case can recover compensation, he or she must prove that the injury exists, and that it was caused by the defendant’s wrongful actions. The existence and scope of many kinds of injury can be proven in straightforward ways: a broken bone can be proven with an x-ray, a burn can be proven with photos of scars, and so on. Brain injuries can be more difficult to prove, because they aren’t always visible and the technology that can reveal changes to a brain’s structure is not readily understood by people outside the medical industry.

Physical proof of brain injury

Some forms of traumatic brain injury can be revealed in much the same way as a broken arm. Advances in medical imaging technologies allow astonishing detail to be reduced to photographs that can be admitted as evidence at trial. There are a number of tools available to capture images of the brain’s structure. These include computed tomography (CT) scans, magnetic resonance imaging (MRI), diffusion tensor imaging (DTI), and positron emission tomography (PET) scans. Each of these technologies reveal different things, ranging from an MRI’s three-dimensional picture to a DTI’s microscopic analysis.

There are challenges associated with using evidence from these scans. The first is that they need to be available at all. In some cases the injured plaintiff doesn’t have access to these technologies, or the access was not timely enough. A second problem is that an untrained person often can’t tell when an image shows damage to a brain. Therefore expert witnesses are often required to help the court interpret the output of the scans. Whenever expert witnesses are involved there’s always a possibility that the defense will bring their own experts to contest the testimony of the plaintiff’s experts. Issues like these can be overcome by experienced personal injury attorneys, but they can complicate a case.

Proving brain injury when physical proof isn’t definitive

Modern scanning technology doesn’t always provide a definitive answer to what is happening in the brain. In many cases the output of a given scan may be interpreted in multiple ways, leaving significant doubt about the existence of the injury. Despite the apparent lack of “photographic” evidence, the person suffering from such injuries knows that something is wrong.

A common approach in such cases is to present evidence of how the plaintiff’s life has changed as a consequence of the injury. Doing this requires building a narrative of change by developing a picture of how the plaintiff behaved before the injury and how that behavior has changed. The plaintiff’s friends, family, and coworkers may be good references. In the age of cell phone video, a plaintiff may have a lot of video to show, for example, that a particular speech impediment was not present before the accident. The plaintiff’s health care providers are often crucially important witnesses in such cases.

Talk to an experienced personal injury law firm about your case

The law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury cases for over 45 years. We are committed to providing each client with personal attention and care. If you have suffered a brain injury and need help sorting through your legal options, please contact us today for a free attorney consultation. We can be reached at 702-388-4476 or through our contacts page.

Can a Personal Injury Plaintiff Recover Compensation for Weight Gain?

Weight gain is a common side effect of injuries and long-term illnesses. Pain and loss of mobility often limit the injured person’s ability to stay active. Some people, especially those who are normally very active, like runners, find that their ordinary diet gives them more calories than they need. And some medications used to treat pain also can also contribute to weight gain. There are strategies that can help mitigate the problem, but in many cases weight gain is outside the individual’s control.

When an injury leads to a civil lawsuit the object of the plaintiff is to recover compensation from the defendant for the consequences of the injury—what in legal terms are called damages. Among the things that a plaintiff must prove to recover for any form of damages are two important requirements: justiciability and causation.

The justiciability (practicality) of weight gain damages

“Justiciability” simply means that the issue in question is of the sort that a court can solve as a legal and practical matter. There are lots of things that a court can’t do. Some of these things come from the legal rules governing the courts, from constitutional principles to specialized rules of procedure. Other things are simply practical limits. A court can’t order a defendant to take the plaintiff’s excessive weight away.

This is why damages for things like pain, suffering, or weight gain need to be reduced to dollar figures. Ordering someone to pay another person money is a straightforward and concrete solution to many problems. But putting a monetary value on a nonmonetary problem (in legal terms, noneconomic damages) is not always easy. A plaintiff who claims noneconomic damages bears the burden of proving that the damages have been calculated fairly and accurately. For weight gain, this calculation might include factors like long-term health consequences, emotional or psychological challenges related to weight, and so on.

Causation and weight gain

To recover any kind of damages the plaintiff also must show that the damages were caused by the defendant’s wrongful action. After all, if the defendant didn’t cause the harm, it would be unjust for the court to include it in the damages award. It is sometimes relatively straightforward to draw the link between damages and the defendant’s behavior. If the defendant ran a red light and smashed into the plaintiff’s car, there’s a clear connection between that event and the plaintiff’s resulting medical bills.

Causation can be a tricky area for weight gain. Unlike a broken arm, weight gain is a slow process that can have a wide range of causes. To avoid liability for the plaintiff’s weight gain the defendant could raise a number of arguments. A common strategy is to find another, intervening cause of the problem. For example, if the plaintiff began to eat a lot of high-calorie food after the accident, despite a doctor’s recommendation to stay on a restricted diet, perhaps the plaintiff was responsible for the gain.

Plaintiffs who want to claim weight gain among their damages must anticipate arguments like these. Each case requires its own set of solutions. Testimony from the plaintiff’s doctors, scientific evidence of how weight gain is a consequence of the injury, and other forms of evidence can be used to show the causal relationship between the defendant’s actions and the weight gain.

GGRM is a Las Vegas personal injury law firm

For over 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury cases. We treat each case with the personalized care it deserves, and help clients recover compensation for the full range of damages for their injuries. Call us today for a free, confidential attorney consultation. We can be reached at 702-388-4476 or send us a request through our site.

Supplemental Security Income Benefits and Personal Injury Settlements

The goal of most personal injury lawsuits is to make the injured plaintiff financially whole by requiring the person responsible for the injury to assume its associated costs. For a variety of reasons most personal injury disputes end up settling out of court. In filing suit the plaintiff makes claims for damages suffered in connection with the defendant’s negligence or other wrongdoing. Damages typically include medical bills and property losses. They also usually include lost earnings.

Plaintiffs who receive Supplemental Security Income, or SSI, can be surprised to learn that their personal injury settlement can affect their eligibility for continued payments under the SSI program. SSI is a program operated by the federal Social Security Administration that provides supplemental income to qualified individuals. To qualify an individual must, among other things, be disabled, blind, or over the age of 65. The individual must also “have limited income and resources.”

A straightforward cash payment as part of a personal injury settlement usually will push an individual out of qualifying under this second, asset-based requirement. An individual with qualified assets worth more than $2,000, or $3,000 for a married couple, is not eligible for SSI benefits. A significant number of personal assets are not included in this figure: the SSA does not count the value of a primary home, a vehicle, household goods, and business property. However, ordinary cash held in a checking or savings account does count toward the resources limit. As such, accepting a check in a settlement can instantly disqualify a plaintiff from continuing to receive SSI benefits.

The problem with this outcome is that the funds a plaintiff receives from a settlement generally need to be used straight away to pay off the costs associated with the plaintiff’s injuries. The settlement award is, therefore, not always a windfall but simply a way to pay down debts. If the award also renders the plaintiff ineligible for SSI benefits the effect can be the loss of significant and even vital monthly income.

One strategy for overcoming this problem is to create what is called a special needs trust to hold the settlement proceeds. Trusts are legal entities that are created by carefully preparing paperwork. The object of a special needs trust is to place strict limits on how the money in the trust can be used—in the case of an injury settlement, the usual purpose is to pay for expenses related to the plaintiff’s injury. By formally restricting how the plaintiff can use settlement funds a properly designed special needs trust can ensure that the settlement does not qualify as a “resource” that would disqualify the plaintiff for SSI benefits.

Problems like those faced by injured plaintiffs who receive SSI benefits are another good reason to work with an experienced personal injury law firm when pursuing a case. For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury cases. If you receive SSI benefits and you have concerns about how your personal injury lawsuit may affect your eligibility, we are happy to discuss your case with you. For a free attorney consultation call 702-388-4476 or send us a request through our site.

Getting Adequate Compensation for Spinal Injuries

Spinal injuries can be devastating and lead to life-long challenges. Nerve damage is profoundly difficult to treat and typically leads to long-term pain that must be treated with powerful medication. Paralysis can force dramatic lifestyle changes and impose significant costs. When a spinal injury leads to a personal injury lawsuit compiling a complete calculation of damages is one of the important considerations for the injured plaintiff’s attorneys.

Accounting for the full scope of damages

In any personal injury lawsuit the calculation of damages can be a hotly contested topic. Defendants naturally hope to limit their financial obligations. Insurance companies in particular have deep experience in defending themselves from liability. As such, the plaintiff’s damages calculations need to be compiled with care.

Spinal injuries often involve categories of damages that extend well into the future. The scope of damages will depend on the plaintiff’s specific circumstances, but probably will include things like these:

  • Pain and suffering, with consideration for the long-term problems the plaintiff will face.
  • Medical bills, which includes costs of the immediate treatment to stabilize the injury as well as long-term rehabilitation.
  • Lost wages for anyone who will no longer be able to continue working.
  • Costs to modify the plaintiff’s home.
  • Costs related to specialized transportation accommodations, such as modifications to a car or the purchase of a vehicle with hydraulic lifts.
  • Costs of psychological care.
  • Impacts on family members.

Calculating damages is often a more difficult process than one might at first assume. Financial costs that can be readily quantified, like medical bills, may be relatively easy. But many damages are contingent. A person’s lost earnings will depend on the severity of the plaintiff’s disability and other factors. Estimating the plaintiff’s long-term medical challenges may require testimony from medical experts who can attest to the suffering the plaintiff may expect to endure. In some cases the plaintiff may also need the help of forensic accountants, who specialize in calculating damages in complex cases where difficult estimates such as long-term business losses need to stand up to counterarguments from the defense.

Talk to a Las Vegas personal injury firm about your case

The law firm of Greenman Goldberg Raby Martinez has a long history of representing injured clients in the Las Vegas area. If you have suffered a spinal injury and would like to explore your legal options, please contact us today for a free, no-obligation attorney consultation. We can be reached at 702-388-4476 or through our contacts page.

Medicare Reimbursements from Lawsuit Settlements

After suffering a serious injury the first priority is always to seek medical care. Ideally the injured person is insured, so that the insurance company picks up most of the initial costs of emergency care and any costs associated with follow-up treatments. If the injury also leads to a personal injury lawsuit, the insurer typically will demand that it be reimbursed from any settlement or final judgment award in a process called insurance subrogation. The same is true of Medicare, which has unique requirements for recipients who receive covered care for expenses that are later made part of a settlement.

Placing Medicare subrogation in context

Putting aside the jargon for a moment, it’s worthwhile thinking about what a personal injury lawsuit is for. The goal of filing a lawsuit is to recover compensation for all of the various costs associated with the injury, by making the person responsible for the injury also responsible for those costs. Although medical bills tend to be a substantial part of the damages a plaintiff seeks to recover, other costs like lost earnings and noneconomic factors like pain and suffering are also a component. The object of filing a lawsuit is not to give the plaintiff a big financial windfall.

In that light, insurance subrogation makes sense. Essentially the insurer that provides coverage for someone who later files a lawsuit can be thought of as having borne costs that were the defendant’s obligation. The insurer therefore naturally should be reimbursed. It would not be fair to the insurer or the defendant if the plaintiff could walk away with the cash value of medical care that the insurer has already paid for. In technical terms, Medicare is a secondary payer, while the defendant is the primary payer.

How Medicare’s right to reimbursement works

Medicare recipients must comply with a range of important requirements, beginning with the accident itself. By law Medicare is entitled to a lien on any settlement or judgment award paid out in connection with injuries that it covers. What this means in practice is that the injured plaintiff cannot receive any financial compensation until Medicare releases the lien, typically after it has determined that it has been sufficiently reimbursed. Here is a summary of the major components of Medicare’s process:

  • Preliminary notice. Notify the Medicare Benefits and Recovery Coordination Contractor (BCRC) of the injury and the facts of the accident that caused it. It’s important to get this notice submitted as soon as possible after the injury, in large part because Medicare can take a long time processing these notices.
  • Monitoring by Medicare, and monitoring Medicare. The preliminary notice sent to Medicare will trigger a review of the plaintiff’s file and ongoing monitoring for new costs. Medicare will eventually send what is called a conditional payment letter setting out in detail the charges that Medicare believes are related to the plaintiff’s legal claim. It is the plaintiff’s responsibility to correct any errors in the conditional payment letter, which can happen if the plaintiff is being treated for conditions other than the injury subject to the lawsuit. For example, if the plaintiff suffered a broken leg in a car crash, but later suffers a burn that requires medical care, Medicare may lump the treatment of the leg together with the burn on the assumption that the two were related. The plaintiff needs to get the burn’s costs taken off the list to prevent Medicare from seeking reimbursement for it from the defendant.
  • Notice of settlement. Personal injury cases typically reach a settlement without going to trial. Once settlement is reached Medicare must be informed as soon as possible. Medicare is told how much the settlement was for, the amount of attorneys’ fees, and other details.
  • Appeals process. Medicare uses the settlement information to compile a final demand letter setting out the amount it believes it is owed. This amount must be paid or appealed within 60 days. In rare cases Medicare will adjust their final demand amount, but by this point it is often difficult to get adjustments made.

This is only an overview of some of the issues that arise for a Medicare recipient who is seeking compensation for an injury. Given the stakes involved, the correct approach is always for the attorneys handling the personal injury case to also assist with the Medicare compliance process. Making mistakes with the Medicare process can lead to long, frustrating delays that are best avoided.

For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area recover compensation in personal injury cases. We help clients navigate the Medicare process and get the compensation they deserve. Call us today for a free attorney consultation at 702-388-4476 or send us a request on our contact page.

Falling Furniture Can Seriously Injure Small Children

In recent years a series of recalls has brought to light the serious risk that furniture can pose to small children. Ikea has issued recalls for its Malm series of low-cost dressers, which the company says pose an unreasonable risk of toppling over if a child climbs on them. The recalls came after the eighth child was killed by a dresser in the Malm line falling on top of them.

Take steps to make your home more safe

Everyone, not just parents of small children, should give some consideration to the potential risks of furniture tipping over in their homes. The recalled Ikea dresser is only one example of “tippy” furniture. Another common source of serious injuries is modern TV sets. Modern televisions are quite large, and though they tend to be lighter than obsolete tube-based units they can still cause serious harm if they tip over onto someone.

Fortunately there are simple steps that people can take to make their homes more safe. Securing tippy furniture doesn’t necessarily require making every piece of furniture impossible to move. The key is to ensure that if the furniture does tip over the anchor breaks the fall. Here are some suggestions:

  • Secure furniture and other heavy objects to anchor points, such as shelves that are firmly secured to walls or by using drywall anchors that are rated to handle the weight of the anchored object.
  • Mount flat-screen televisions on the wall instead of using tabletop stands.
  • Make sure to repair damaged furniture, especially if the damage could make the furniture more likely to fall over.
  • Supervise small children who might be prone to climbing bookshelves or open drawers. If necessary, put up gates to restrict access to dangerous rooms.

Pay attention to recalls

One reason the Ikea case is significant is the sheer number of the affected dressers. Because they are inexpensive the dressers are very common, meaning they frequently show up for sale on Craigslist and other informal channels. Even if they are available for free, consumers should not bring these dangerous items into their homes.

If a product poses an unreasonable risk to consumers the manufacturer and marketers of the product may be subject to a products liability lawsuit. Retailers like Ikea try to avoid this liability by issuing recalls, which do not absolve the company of responsibility but can serve to mitigate the company’s risk. Customers who know about a recall but choose to ignore it may be considered to have assumed the risk of injury, and therefore may have difficulty recovering compensation from a company like Ikea if a recalled piece of furniture causes serious injury.

People who keep furniture that poses known risks around their homes may also increase their risk of facing a lawsuit by a guest who is injured by the dangerous furniture. Homeowners can bear legal liability for injuries that occur within the home. Even if a homeowner’s or renter’s insurance policy will assume some of the costs associated with defending against such a claim, this is not a position anyone should want to be in.

Have you been injured by falling furniture?

For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in Las Vegas pursue products liability and personal injury claims. If you have been injured by furniture falling over and you would like to explore pursuing compensation from a manufacturer or other responsible person, we are happy to talk through your options. Call us today for a free attorney consultation. We can be reached at 702-388-4476 or send us a request through our site.