Bernstein & Poisson is pleased that they were able to successfully obtain compensation for their client.
Las Vegas, Nevada (PRWEB) February 02, 2012
According to documents filed in the Clark County Courthouse, in 2008, Amy (client name changed to protect her identity) entered a local grocery store to pick up a few items. While walking towards the rear of the store, Amy suddenly slipped due to a trail of milk on the floor. Her leg suddenly came out from under her. Her upper body and right arm flew back and hit the ground with her back bent. As a result, Amy suffered from significant back pain.
Following her fall, Amy consulted with firm partners, Jack Bernstein and Scott Poisson, to pursue a negligence case against the grocery store. (Case number A-09-606063-C filed in the Clark County Courthouse) Bernstein and Poisson, Las Vegas injury attorneys aggressively handled the case from the start. A lawsuit was filed to quickly obtain all relevant evidence from the grocery store and to send a message that the case needed to be taken seriously.
According to Clark County court records, amongst the evidence gathered, Jack Bernstein and Scott Poisson procured evidence in a deposition that the grocery store took photos to memorialize the condition and description of the spill. However, when asked to produce the photos, the store could no longer locate them. Bernstein and Poisson argued to the court that the jury should be given a jury instruction from the court that the store had a duty to preserve the evidence and that because the photos were lost, an inference should be made that the photographs would have helped prove that the store was negligent. The court agreed with the spoliation of evidence argument.
As a result of the litigation strategies employed by Jack Bernstein and Scott Poisson, they were prepared to show that prior to the fall, an employee in all likelihood pushed a cart with a leaking milk container in the area where Amy eventually fell. Given the evidence, entered in record at the Clark County courthouse, the parties agreed to a settlement while both sides were preparing to start trial. Bernstein & Poisson is pleased that they were able to successfully obtain compensation for Amy. (Case number A-09-606063-C filed in the Clark County Courthouse)
The lawyers at Bernstein & Poisson take Las Vegas slip and fall cases very seriously. At Jack Bernstein and Scott Poisson believe that stores have a heightened responsibility to be on guard for hazardous conditions. Stores want the public’s business. They want their premises busy. They want people paying attention to what is on the shelves and not to the floors. As a result, Bernstein & Poisson believe that stores should diligently and timely inspect and maintain its property throughout store hours to prevent the serious injuries that can occur when customers slip and fall.
While it is often difficult to actually prove that a store employee actually knew about the slip hazard, experienced Las Vegas slip and fall lawyers turn to the second prong—the should have known part. This test does not require proof of actual knowledge. It requires evidence and an argument that if the store employees were doing their jobs properly, they would have been able to prevent the slip and fall before it actually occurred. It takes an experienced slip and fall lawyer to understand the importance of carefully questioning the client and any other potential witnesses regarding their observations at the time of the fall. For example, if shopping cart marks or footprints trail through and around the slippery substance, an argument can me made that the store “should have known” about the substance because it can be inferred from the multiple marks or footprints that the spill did not just happen. Similarly, if an employee was observed in close proximity just prior to the slip and fall, it can be argued that the store employee should have known of the hazard if he/she was on the proper lookout. This argument is especially effective when slip and falls occur in the vicinity of the cashiers.
About the Law Offices of Jack Bernstein & Scott Poisson
The Law Offices of Jack Bernstein and Scott Poisson is a law firm comprised of Nevada injury attorneys who have been representing plaintiffs in legal matters that include auto accidents, drunk driving accidents, slip and falls and nursing home abuse as well as other personal injury related matters. Jack Bernstein and Scott Poisson have more than 45 years combined experience helping injured victims seek fair compensation for their injuries.