The nuts and bolts of a Medical Malpractice claim in Nevada

FIVE MOST IMPORTANT TAKE AWAYS REGARDING MEDICAL MALPRACTICE CLAIMS

  1. Call an Attorney immediately if you are the victim of Medical Malpractice
  2. Damages for Pain and suffering are capped in Nevada
  3. Damages for medical bills, lost income and future medical needs are not capped.
  4. The time to bring your claim is strict and short.
  5. You must have a medical expert before you file your claim.  Call TheOnelawyer.com now. 702-450-4868

As patients we look to our medical professionals to help us make critical decisions about our health. We want to trust the doctors and their staff. Unfortunately, sometimes their treatment and opinions may fall below the standard of care; often causing grave injury or even death to the patients they are sworn to serve. This does not mean that every time there is a bad result in medical care that it rises to the standard of medical negligence. However, there are circumstances when a Doctor’s negligence contributes to or causes serious injuries and sometimes even fatal injuries to their patients. In these cases,  you need to seek legal advice immediately. You need an attorney to file a claim against doctors for professional negligence due to the complexity of the laws. A lot of people do not realize how critical the timeline is when you are the victim of medical malpractice. Nevada’s medical negligence claims are governed by NRS chapter 41A and there are numerous requirements under the statute that the plaintiff must meet to go forward. Without significant legal training, medical malpractice is one area that you cannot handle yourself. If you believe that you have been a victim of medical malpractice call our office today. TheOneLawyer.com, Laura Payne-Hunt, Esq.  has been helping injured people for over 15 years and we are available 7 days a week for a free consultation to discuss your possible medical negligence action. 

Under NRS 41A, there are many parts to the statute that are required to be followed to bring your claim against your medical professional. The following are the basic requirements and elements of bringing a medical malpractice claim in Nevada under the statute.

 Professional negligence defined 

In Nevada, professional negligence is defined as the failure of a provider of healthcare, such as a doctor, specialist, or licensed medical professional, to “use the reasonable care, skill, or knowledge ordinarily used under similar circumstances by similarly trained and experience providers of healthcare.“ NRS 41 A.015.  This may sound like a simple test however there are volumes of case law that govern whether a providers actions were “reasonable“ and that will be the subject of expert testimony.

Experts are necessary

In Nevada, the statute requires that a plaintiff obtain a medical expert to establish that their treating provider was negligent under the statute. NRS 418A.071 requires plaintiffs to submit an affidavit signed by a professional who works in the same field of medicine as the accused provider. The affidavit must be detailed and must provide a basis to substantiate the claim of negligence against your treating provider in detail. The affidavit cannot simply state that the provider was negligent. The affidavit must meet criteria that establishes that the doctor who treated you fell below the standard of care. In addition, the professional or doctor signing the affidavit that will be attached to the complaint must be properly qualified to render such opinions. Sometimes it is necessary to find an expert physician who is from out of state to critique the treating doctor and state that their care fell below the standard. A claim cannot be originated or filed in Nevada against a treating doctor without such an affidavit. This is contrary to most every other area of negligence in Nevada law. 

Usually, you can file your lawsuit and obtain information before having to retain experts. In the field of medical malpractice it is just the opposite. You have to obtain an expert affidavit to establish that your treating doctor was negligent before you filed a lawsuit. At TheOneLawyer.com, Laura Payne-Hunt, Esq.  has worked with hundreds of injured victims over the years to obtain compensation for injuries sustained as a result of negligence. If you believe you have been a victim of medical malpractice call our office today for a free consultation. 

 Causation 

The injured victim must have evidence that the medical negligence caused their injury. In order to win a lawsuit as an injured victim, the expert testimony of one or more doctors must establish that the injuries you sustained are a direct and proximate result of your doctors’ negligence.  NRS 41A .100 states that expert testimony must establish that the defendant doctor fell below the accepted standard of care and that breach, in fact, caused the injury sustained by the plaintiff. It will not be enough for an expert to simply state that the doctor was negligent. They must be willing to testify and state in their affidavit that the negligence of the doctor caused the injuries sustained.

Time allowed to bring a lawsuit. 

Perhaps one of the most critical elements of the medical malpractice statutes in the state of Nevada is that a medical malpractice claim must be filed within three years of the injury or one year of its discovery.  NRS 41 a .097 is very clear on these timelines. Often time’s medical malpractice is not discovered for a significant period of time. For example a missed diagnosis of cancer may not be caught for several years until the cancer grows and causes symptoms. A missed diagnosis of a disease similarly may not be revealed until the injured victim suffers violent symptoms which are recognized by a new medical provider. 

In instances where the medical negligence is not realized until years after, it is critical to contact an attorney as soon as you are diagnosed. One year may seem like a long time but the clock ticks quickly and most people are so overwhelmed dealing with the medical care and injury that they are suffering from that calling an attorney is not first on their list. An attorney can start working on your case right away while you are receiving treatment. It takes time to find the right expert and collect the necessary records to prepare a complaint on your behalf against the original negligent doctor. Therefore, if you are diagnosed with an injury or illness that you believe should have been diagnosed or addressed by a prior doctor called Law Offices Of TheOneLawyer.com, Laura Payne-Hunt, Esq. immediately. We can evaluate and assist you regarding your possible medical Malpractice claim at no charge for the consultation.

Damages allowed to compensate victims of medical negligence

Unfortunately Nevada voted years ago to allow caps on non-economic damages in the state of Nevada. You are still entitled to any of your wage loss, all of your medical bills and most importantly all of your future medical care. However pain and suffering is limited to $350,000. Although most people and attorneys agree this number is ridiculously low to compensate some of the heinous medical malpractice cases that are brought, it is nonetheless the law in Nevada. An attorney can retain the proper experts that can demonstrate your future lost income as well as your future medical bills to establish the full extent of your injury in order to establish the damages you are legally entitled and make sure you receive all of the compensation you deserve. Under NRS 41 8.35, the scope of economic damages suffered as a result of medical negligence are the cost of medical bills, lost wages and future medical bills and there is no cap on these economic damages. It is only damages for pain and suffering that you are capped in the state of Nevada at $350,000. This is another reason it is extremely important to obtain counsel to handle your medical negligence claim. At TheOneLawyer.com, we have helped thousands of people recover damages for injuries they have sustained as a result of the negligence of someone else or a medical professional. If you have been a victim of medical malpractice and sustained an injury call our office immediately to set up a free consultation. 

Special cases where negligence is automatic

In Nevada, there are some situations that are so egregious that the legislature decided they will be considered negligent automatically. In that case, that means that the defendant has to prove why he should not be held liable. In every other area, the plaintiff must carry the burden of truth and prove their case. Under NRS 41A 100(1) the following situations are instances where the negligent medical provider or doctor is considered to be at fault under the law

1) Situations where a surgical procedure is conducted on the wrong patient or a wrong part of the patient’s body. For example a surgeon removes the good kidney and leaves the bad kidney in the patient.  This sounds like it cannot happen in this day and age but unfortunately it does.

2) A situation where a patient who sustains an injury to a part of their body other than the part being treated. For example an incision is made in the wrong area and sutured up prior to the real procedure. Or a situation where a patient is transferred to a gurney for surgery and a limb is broken in the process.

3) There must have been someone in the legislature who sustained some kind of burn during a treatment because there are two types of instances that involve automatic negligence regarding burns. The first is where a burn is caused by heat, radiation or chemicals during any type of medical treatment. In such a situation, you are automatically entitled to your medical bills and pain and suffering.

4) Another situation where negligence is automatically assumed involving a burn is when there is an explosion or a fire started by a substance used during your treatment. This would be a rare circumstance however it has happened.

5) The most common automatic negligence is invoked when a foreign substance other than medication or a prosthetic is accidentally left in the patient’s body. You have probably seen x-rays (there are numerous examples on the Internet) where surgical instruments and sponges etc. are left inside the patient’s body during a surgical procedure. If this happens, you are entitled to all medical costs to remove the foreign item, the pain and suffering associated therewith and any future medical needs that are required as a result of the instrumentation being left inside the patient.


CONTACT TheOneLawyer.com

At the Law Offices of Laura Payne-Hunt, TheOneLawyer, we provide professional and personal service to each and every one of our clients. Medical malpractice cases can require lengthy litigation and are complex in nature.  The stakes are very high for the doctors accused in these cases and they will fight for their reputation. Laura Payne-Hunt., Esq. the one at TheOneLawyer.com has many years of experience representing injured plaintiffs and can provide aggressive representation. If you have been a victim of medical malpractice call TheOne Lawyer.com today

If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com,  Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada  with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

Who is going to pay my medical bills when I’m in the accident?

FIVE MOST IMPORTANT TAKE AWAYS

  1. Always give the hospital your Health insurance card
  1. Do not give your car insurance information to the Hospital
  1. Protect yourself by having your own Underinsured Motorist coverage
  1. Keep all medical bills and insurance Explanations of Benefits sent to you in a file
  1. An attorney can navigate the sea of paperwork required when multiple insurance Policies exist and return your Subrogation forms to your health insurance company

Being in a serious automobile accident is one of the most traumatic things that will happen to most people in their lives. Panic, nervousness and fear set in and often people are confused, angry and uncertain as to what to do at the time. The prevailing thoughts from our clients are that when someone is in an accident that is not their fault, “everything will be taken care of and they will pay all my bills.”   Unfortunately, in the society we live in, and especially in the state of Nevada, this is absolutely not the case. Most of my clients are shocked to hear that drivers are only required by law to carry $15,000 per person and $30,000 per accident on their vehicles. This means that each person who is injured in an accident can only collect $15,000 for their injuries against the insurance company of the other driver. Of course, the other driver is still personally liable for any bills that you may have, but often people do not have those funds or they declare bankruptcy before it is ever paid or it can take years to get a legal judgment.

For this reason, it is extraordinarily important to be wise about your medical bills when you are involved in an accident.  If you find yourself at the hospital following an accident, always give your health insurance information, if you are one of the fortunate Americans to have such coverage, to the hospital. The hospital is required by state law to bill your health insurance before they bill anywhere else.  Nevada Law states as follows on this issue:

NRS 449.757  Limitations on efforts of hospitals to collect; date for accrual of interest; rate of interest; limitations on additional fees.

      1.  When a person receives hospital care, the hospital must not proceed with any efforts to collect on any amount owed to the hospital for the hospital care from the responsible party, other than for any copayment or deductible, if the responsible party has health insurance or may be eligible for Medicaid, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill, until the hospital has submitted a bill to the health insurance company or public program and the health insurance company or public program has made a determination concerning payment of the claim.

      2.  Collection efforts may begin and interest may begin to accrue on any amount owed to the hospital for hospital care which remains unpaid by the responsible party not sooner than 30 days after the responsible party is sent a bill by mail stating the amount that he or she is responsible to pay which has been established after receiving a determination concerning payment of the claim by any insurer or public program and after applying any discounts. Interest must accrue at a rate which does not exceed the prime rate at the largest bank in Nevada as ascertained by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding the date on which the payment becomes due, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the payment is satisfied.

      3.  Except for the interest authorized pursuant to subsection 2 and any court costs and attorney’s fees awarded by a court, no other fees may be charged concerning the amount that remains unpaid, including, without limitation, collection fees, other attorney’s fees or any other fees or costs.

      (Added to NRS by 2007, 1497; A 2011, 1525)

      NRS 449.758  Limitations on efforts of hospital to collect when hospital has contractual agreement with third party that provides health coverage for care provided; exception.

      1.  Except as otherwise provided in subsection 2, if a hospital provides hospital care to a person who has a policy of health insurance issued by a third party that provides health coverage for care provided at that hospital and the hospital has a contractual agreement with the third party, the hospital shall proceed with any efforts to collect on any amount owed to the hospital for the hospital care in accordance with the provisions of NRS 449.757 and shall not collect or attempt to collect that amount from:

      (a) Any proceeds or potential proceeds of a civil action brought by or on behalf of the patient, including, without limitation, any amount awarded for medical expenses; or

      (b) An insurer other than a health insurer, including, without limitation, an insurer that provides coverage under a policy of casualty or property insurance.

      2.  This section does not apply to:

      (a) Amounts owed to the hospital under the policy of health insurance that are not collectible; or

      (b) Medicaid, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill.

      3.  This section does not limit any rights of a patient to contest an attempt to collect an amount owed to a hospital, including, without limitation, contesting a lien obtained by a hospital.

      4.  As used in this section, “third party” has the meaning ascribed to it in NRS 439B.260.

      (Added to NRS by 2011, 1524)

 You must also understand that you will not know the policy limits of the other driver and your hospital bill can easily exceed the $15,000.  Please do not think that the other driver is off the hook if you have health insurance. That is far from the truth. The collateral source doctrine in Nevada as held by the Nevada Supreme Court states as follows : 

We now adopt a per se rule barring the admission of a collateral source of payment for an injury into evidence for any purpose.  Collateral source evidence inevitably prejudices the jury because it greatly increases the likelihood that a jury will reduce a plaintiff’s award of damages because it knows the plaintiff is already receiving compensation

Proctor v. Castelletti, 112 Nev 88, 911 P.2d 853, 854 (1996).

This means that regardless of who pays your medical bills, the adverse driver is also liable for them and they are not entitled to the reduced rate that your insurance company may have negotiated to resolve those bills. This means, as we are all familiar with, that when your hospital bill comes in and it is $25,000 and your health insurance company pays their negotiated rate of $3,000, the adverse driver is still liable for $25,000 bill. However, if he only has a $15,000 policy, you can at least collect the $15,000 to help compensate for everything that you have been through.  This is also one of the reasons it is extremely important to make sure that you are covered through your own policy. 

I  will have separate blogs on  underinsured motorist coverage and uninsured motorist coverage. When you see your declarations page it will list your different coverages including collision, comprehensive, bodily injury,  UM/UIM, towing, rental, medical payments coverage (etc.) (all covered in other blogs). 

Briefly, Collision coverage is coverage to fix your own vehicle, usually subject to a deductible.  Comprehensive Coverage covers damage done to your vehicle from events other than accidents like theft, vandalism, fire, impacts with deer, etc.  Comprehensive is not collision coverage but they are generally sold together. Bodily injury coverage is coverage to pay other drivers that you may injure.  UM/UIM is coverage that covers you if the other driver is not insured or underinsured. You should always carry UM/UIM coverage. 

I never understand why agents would recommend to clients that they cover themselves less than they cover other drivers on the road.  In fact, in Nevada, insurance companies must offer you this coverage and if you reject uninsured /underinsured coverage you must sign a waiver that the insurance company must produce at a later time in the event of a claim that you knowingly rejected this coverage.   

            I highly recommend that you carry underinsured and uninsured coverage to protect yourself. Unfortunately, the Nevada state legislature does not protect our drivers.  Nevada is one of the lowest bodily injury coverage states in the country. Only Florida, Ohio, Oklahoma, Mississippi and Louisiana have lower limit requirements. South Carolina, Pennsylvania, New Jersey, Delaware, California and Arizona also have $15,000.00 state minimum requirements.

If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or if a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com,  Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada  with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

INFECTIONS FROM SURGERY, THE RISKS YOU SHOULD KNOW

WHAT IS A SURGICAL SITE INFECTION 

A surgical site infection happens when pathogens multiply at the site of a surgical incision, causing an infection. Other infections can result from surgery as well including urinary tract infections and respiratory infections.   Surgical site infections are not uncommon and occur in two to five percent of surgeries that involve incision to the skin rather than procedures involving scopes.  The rate of infection is different depending on the type of surgery being performed. It is estimated that as many as 500,000  surgical site infections occur in the United States yearly. Most surgical site infections are staph infectionshttps://www.cdc.gov/hai/ssi/ssi.html  In fact:

“Approximately 27 million surgical procedures are performed in the United States each year, with up to 5% resulting in surgical site infections. Trends in the incidence of SSI are monitored by the National Nosocomial Infections Surveillance (NNIS) system of the Centers for Disease Control and Prevention (CDC). According to NNIS data, SSIs are the third most frequently reported nosocomial infection and are associated with substantial morbidity that can endanger a patient’s life, increase the number of days in the hospital, and increase healthcare costs.”   https://www.infectiousdiseaseadvisor.com/home/decision-support-in-medicine/hospital-infection-control/surgical-site-infections/

Three types of surgical site infections are the most common. They’re categorized according to the severity of the infection. Infections are caused by germs that enter your body during or after surgery. In severe cases, surgical site infections can cause conditions such as sepsis and can even cause an infection in your blood that can result in organ failure.

IT IS IMPORTANT TO RECOGNIZE INFECTION QUICKLY

A surgical site infection is classified as a condition that begins at the site of a surgical wound less than 30 days after the incision is made. Symptoms of a surgical site infection after surgery include:

  • redness and swelling at the incision site
  • drainage of yellow or cloudy pus from the incision site
  • fever

Recognizing a Skin infection after surgery

A surgical site infection that affects the layers of your skin at the incision site is called a superficial infection.   If you see any signs of infection at the site of your incision it is critical to obtain competent emergency care immediately.

Bacteria from the surgical facility, a surgeon’s hands, and equipment at the surgical center can be transmitted into your wound at the time of your surgical procedure. Since your immune system is focused on recovering from surgery, the germs then multiply at the site of your infection.  These types of infections can cause pain but usually can be cured with antibiotics. In severe cases, your doctor may need to open your incision and drain the infection.

Muscle and tissue wound infection after surgery

A muscle and tissue wound infection after surgery, also called a deep incisional SSI, involves the soft tissues surrounding your incision. This kind of infection goes deeper than your skin layers and can result from an untreated superficial infection.

These can also be the result of medical devices implanted in your skin. Deep infections require treatment with antibiotics. Your doctor may also have to open your incision completely and drain it to get rid of infected fluid.

Organ and bone infection after surgery

An organ and bone infection after a surgery involves any organ that’s been touched or manipulated as a result of a surgical procedure.

These kinds of infections can develop after an untreated superficial infection or as the result of bacteria being introduced deep in your body during a surgical procedure. These infections require antibiotics, drainage, and sometimes a second surgery to repair an organ or address the infection.

Know your risk factors

Infections occur more commonly in older adults and those with certain health conditions.  Diabetes, obesity, smoking, and a history of skin infections are risk factors that may cause you to be more likely to suffer infection following a surgery.  However, everyone is at risk of a surgical site infection from unsafe facilities and that is why it is important to monitor your own symptoms following a procedure.  

When to seek medical care 

If you have any symptoms of a surgical site infection following a procedure, you should contact your doctor immediately.  Such symptoms include:

  • Pain, and irritation at the surgical site
  • Fever that spikes at 100.3°F (38°C) or higher for more than 24 hours
  • Any type of drainage from the site that is yellow, tinged with blood, cloudy, or odorous. 

Prevention

The Centers for Disease Control and Prevention provides continuously updated recommendations  for medical providers to help prevent site infections. There are also steps you can take before and after surgery to reduce the risk of infection.

Things to Do Prior to surgery:

  • Wash with an antiseptic cleanser from your doctor before you head to the hospital.
  • Don’t shave, as shaving irritates your skin and can introduce infection under your skin.
  • Quit smoking before you have surgery, as smokers develop infections. Quitting can be very difficult, but it’s possible. Speak to a doctor, who can help you develop a quit smoking plan that’s right for you.

Things to do following surgery: 

  • Be sure to keep the sterile dressing that your surgeon applies to your wound for at least 48 hours.
  • Take preventive antibiotics that are prescribed.  If they are not prescribed ask your doctor about them.
  • Pay special attention to the instructions on how to take care of your incision site, 
  • Always wash your hands with soap and water before changing the dressing,
  • If you are in a hospital, be hands-on in the hospital about your care, noting how often your dressing is being changed , making sure your room is sterilized and clean, and that medical staff are washing their hands and wearing gloves when handling your incision.

Unfortunately, surgical site infections aren’t uncommon and knowing your risk before surgery is the best way to prevent infection. Your doctor should follow-up to check your incision for signs of infection after surgeries and should have procedures in place to advise patients what to look for and have after hours medical care accommodations.

If you have any signs of a surgical site infection call the doctor right away.  The biggest complications from surgical site infections result from waiting too long to get treatment.

SEVERE CASES OF INFECTION

In some rare but life threatening and severe cases, you can contract an infection known as Necrotizing fasciitis (NECK-re-tie-zing FASH-e-i-tis) which is a rare bacterial infection that spreads quickly in the body and can cause death.   That is why it is critical to get immediate medical attention at the first sign of infection. To survive this type of infection, also known as flesh eating bacteria, accurate diagnosis, rapid antibiotic treatment, and prompt surgery are important to stopping this infection.  Seek medical care right away if your skin becomes red, warm, swollen, or very painful soon after an injury or surgery. A later blog will focus further on this rare but deadly complication.

CALL US TO DISCUSS YOUR CLAIM

If you or a loved one had a serious infection after a surgical procedure, call our office today.  Our personal injury lawyers at TheOneLawyer.com are ready to listen to your situation and help you determine the right course of action to take. Your consultation is free and you do not pay any legal fees until after we settle your case.  Contacting an attorney quickly after an injury is critical to your success in being able to recover money damages against the at fault party.

If you have a question regarding any type of personal injury, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or if a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

 At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com,  Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada  with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

A YEAR TO HOLD DRUG COMPANIES AND BIG CORPORATIONS ACCOUNTABLE MASS TORTS – WHAT ARE THEY AND WHY ARE THEY CRITICAL TO CONSUMER SAFETY

What is a Mass Tort?

To make it simple, a mass tort is a civil action involving a large number of plaintiffs against a single or small number of defendants for exposure to the same product that caused an injury.  It is called a “mass” tort because the injury occurred to a group of victims as a result of the use of a specific product for the same purpose. In order to maximize resources to fight the large companies, the claims are grouped together in a “class.”  The term refers to mass exposure of a defendant for their product or actions in causing injuries to a large group of plaintiffs. Mass torts often involve pharmaceuticals, vehicles, consumer products, medical devices, or toxic torts.  

WHY SHOULD YOU BECOME PART OF A MASS TORT ACTION?

There are several reasons for the increase in mass tort cases.  First, prescriptions drugs and medical devices are being rushed into the market without long term and adequate testing.  The pharmaceutical companies have lobbied Congress to streamline the FDA approval process to get drugs to the marketplace faster and as a result, more unsafe drugs have entered the market.   As a consequence, the harmful side effects which only become known after a mass release, have injured consumers. Sadly, the FDA has recalled at least twelve drugs since 1997 including:

  • Valdecoxib (Bextra) Time on the market: 2001-2005. …
  • Pemoline (Cylert) Time on the market: 1975-2010. …
  • Bromfenac (Duract) Time on the market: 1997-1998. …
  • Levamisole (Ergamisol) Time on the market: 1989-2000. …
  • Rofecoxib (Vioxx) Time on the market: 1999-2004. …
  • Isotretinoin (Accutane) …
  • Sibutramine (Meridia) …
  • Terfenadine (Seldane)
  •  Accutane
  •  Baycol,
  • Fen-Phen, 
  • Rezulin 

These were drugs taken by millions of people and yet they were deemed so unsafe as to have the FDA recall them from market. Fortunately, Plaintiff attorneys who handle mass torts coordinate their legal strategy against the large corporate defendants to prove their products injured people.  There have been many famous mass tort cases in the past which have made headlines. The first mass tort case was in the 1970’s with Agent Orange. Asbestos exposure is another example of an early mass tort case. In the 1980’s, silicone breast implants, the Dalkon Shield, and Norplant were mass torts case that made headlines and new mass tort claims have continuously emerged every year since.  The movie “Erin Brockovich” and “A Civil Action” with John Travolta which detail environmental mass torts and their devastating effects on communities and families.  

DO YOU HAVE A CLAIM FOR A MASS TORT?

When individuals across the country sustain injuries because of a product, or company, they can take civil action through mass tort litigation against the liable parties. At TheOneLawyer.com we can review your claim and file an action or join an action on your behalf. Call us today. Claims can arise from different types of products against different defendants.  There are several primary or common claims:

  • Pharmaceutical claims involve Defective or dangerous drugs that  injured millions of victims at a time across the country. Victims who have suffered hazardous side effects can have claims against the manufacturer.
  • Consumer product claims: Involve defective products such as vehicles or any type of product that injures adults or children based on the defective product.  
  • Environmental torts: Victims who have suffered health or property damage due to environmental hazards such as toxic drinking water or chemical spills caused by corporations can join actions against the liable parties. Examples of these claims include oil spills, water contamination and other types of mass environmental disasters.

What is the Difference Between a Mass Tort and a Class Action?

Although most people think they are the same, mass torts and class actions are not the same.   The difference is in how each is handled. In a class action suit, there is one trial in one court for all the plaintiffs in the suit. In a mass tort proceeding, all the cases undergo the same pre-trial investigations and process, and are each then sent back to the local courts that were filed in. Unlike a class action claim, mass torts are handled as individual claims. This allows each victim to recover damages that are specific to their claim.

CALL US TO DISCUSS YOUR CLAIM

If you are not sure whether your case qualifies as a class action or a mass tort, call our office today to talk to Laura Payne-Hunt.   Our personal injury lawyers at TheOneLawyer.com are ready to listen to your situation and help you determine the right course of action to take. Your consultation is free and you do not pay any legal fees until after we settle your case.

If you have a question regarding any type of personal injury, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or if a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

 At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com,  Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada  with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

KICKING OFF A NEW DECADE, CHOOSING AN ATTORNEY AND TAKING TO YOU-TUBE TO ANSWER YOUR QUESTIONS

Kicking off a new decade is an exciting time filled with opportunity and promise. We live in a world where big industry still prevails over individual safety and if the past decade is any indication, it seems to be moving more so in that direction. More large scale marketing is hitting the airways via TV and internet ads, and billboards line the roadways.  These large scale and expensive advertising tools try to push consumers to make decisions based on image rather than character, experience and integrity. We live in a world where we gain our information and knowledge from ten to fifteen second newsbytes, Instagram and TikTok. When choosing a professional it is critical to choose someone that has your best interests at the forefront.   When advertising costs exceed seven figures, clients become less about the individual and more about the number of clients.  

In continuing with our long-standing tradition we hope to provide information to keep our clients safe and informed on the laws that impact their lives and at the same time providing information to assist in keeping you and your family safe. In the spirit of providing information to our current and potential clients, we will be adding a YouTube informational series this year as well as providing information thru blogs about mass torts.  As a family owned practice, the series will be entitled “Ask Mom Lawyer Mom.” Our channel will consist of short interview videos on specific topics that impact our clients. We will welcome imput from our viewers for any questions you have and hope to make our channel interactive and informative while at the same time entertaining.  

At the Henderson accident injury law offices of TheOneLawyer.com we are excited to start this new chapter of video blogging. Finding accurate and relevant information on the Internet can be difficult with the sea of advertising and misinformation out there. It is our hope that you will turn to our channel for a source of reliable and accurate information to answer your questions. We also look forward to questions from our viewers. We will provide accurate and helpful consumer tips to allow you to make informed decisions when traveling or should you become involved in an accident.  We are excited to reach a large number of potential clients and assist you and your family in locating the right legal services and answering your consumer questions regarding the law. As long time community members we have been asked thousands of questions by clients and potential clients over the years and provided volumes of information. It is my hope that this information can be presented to our clients for easy access and assistance in a fun, family-friendly, entertaining format.  

A mass tort is a class action lawsuit where someone has been impacted by a product that was found to be unsafe to be in the marketplace.  We handle these claims and partner with national firms to provide our clients the best representation possible at the local level and national level at no additional cost to our clients.  It is a sad reality that companies often put profits before consumer safety. This can be anything from pharmaceutical companies to cosmetic companies to every day products and even to professional‘s such as attorneys and investment companies.  As a small law firm we have a tradition of putting our individual client’s interests first and we look forward to continuing that tradition into the new decade. 

At TheOneLawyer.com, we look forward to providing information to helping our clients stay safe and informed. Even more so, we look forward to continuing our long-standing tradition of representing every client on a personal, compassionate, and professional level. We strive to treat every client as though they are our only client. Your safety and that of your families is important to us and it is our hope that if you or  a loved one is in need of an attorney you will contact our office. Even if you need an attorney in another field we have a great network of trusted professionals and are happy to make a referral.

If you have a question regarding any type of personal injury, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or if a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com,  Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada  with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

FAMILY EVENTS FOR NEW YEARS EVE IN LAS VEGAS AND HENDERSON

TOP TEN FAMILY EVENTS

  1. The Magical Forest
  2. Bowling Centers
  3. Roller Skating Fun
  4. Bounce Houses
  5. Town Square Las Vegas
  6. Clark County Libraries
  7. Henderson Libraries
  8. The Smith Center
  9. The Pinball Hall of Fame
  10. Family Fun at Home

Spending New Year’s in Las Vegas is an experience you won’t forget–provided you don’t indulge in too many yard-long drinks. While New York City has Times Square, Las Vegas has America’s Party along the Strip. Each year, over 300,000 people visit Las Vegas to celebrate the New Year with a massive block party that ends in an amazing display of fireworks set off of the top of casinos up and down the Las Vegas Strip. The seven properties that traditionally participate in the annual event, from north to south, are the Stratosphere, The Venetian, Treasure Island, Caesars Palace, Planet Hollywood Resort & Casino, ARIA and MGM Grand. The closer it is to midnight, the more crowded the streets get. Be sure to arrive early for the best vantage point when the fireworks go off! The streets close at 6 p.m., so plan ahead for transportation.  

There is also the Downtown Countdown on Fremont Street.  There will be bands playing on three stages. The bands are usually tribute bands like Spandex Nation, Blue String Theory, Yellow Brick Road and Zowie Bowie. Other entertainment includes roaming performers and a laser light show. You can also take a ride on the SlotZilla zip line, or test your mettle against some zombies at Fear the Walking Dead Survival.  The pedestrian walkway closes to the public at 5 p.m. and gates for ticketed guests open at 6 p.m. Bands play until 3 a.m. Admission is $35 per person when purchased online by Dec. 25. Tickets are usually available at the entry gate for $40.

However, for us parents with kids without babysitters on the coveted night, there are some fun events for local families like mine,   Below some fun family events to attend for the tallest and the smallest.

TOP TEN FAMILY EVENTS

  1. THE MAGICAL FOREST

Families can ring in the new year with East Coast hours from 5:30 to 9 p.m. at the Magical Forest at Opportunity Village, 6300 W. Oakey Blvd. The organization plans to celebrate Times Square West with special entertainment and a countdown to midnight on the East Coast set for 9 p.m. Pacific time. The party is free with Magical Forest general admission, which is $11 for adults and $9 for children. For more information, https://www.opportunityvillage.org/what-we-do/events/magical-forest

  1. BOWLING BASHES

The Station Casinos with bowling centers are inviting people to party until 2020 with bowling deals.

Strike Zone Bowling Center inside Sunset Station, 1301 W. Sunset Road, is offering deals from 9:30 p.m. to 12:30 a.m. Tickets are $27 per person until Dec. 27 and $35 person after. The all-ages event includes three hours of bowling and shoe rental plus pizza and soda. A maximum of five people can be in a lane. For more information, call 702-547-7467.

The New Year’s Eve Cosmic Party Package at Red Rock Lanes in Red Rock Resort, 11011 W. Charleston Blvd., is set to be offered from 9:30 p.m. to 12:30 a.m. It includes three hours of bowling, shoe rentals, one large single-topping pizza and a pitcher of soft drink. Enjoy a fun atmosphere with door prizes and colored pin shots, music videos and party favors. The cost is $150 per lane, with a maximum of five people per lane. For reservations, call 702-797-7467.

A Cosmic New Year’s Eve Party is slated at Texas Star Lanes in Texas Station, 2101 Texas Star Lane. The East Coast Package is set for 7:30 to 9:30 p.m. and includes two hours of bowling, shoe rental, a large two-topping pizza, a pitcher of soda or beer and glow necklaces. The cost is $60 per lane for a maximum of five people. The West Coast Package is set for 9:30 p.m. to 12:30 a.m., and the cost is $80 per lane, also with a maximum of five people. To make a reservation, call 702-288-7728.

The New Year’s Eve Cosmic Carnival is planned for 5:30 to 9:30 p.m. for East Coast celebrants and 10 p.m. to 1 a.m. for West Coast celebrants at Santa Fe Lanes, in Santa Fe Station, 4949 N. Rancho Drive. Bowling, shoe rentals, food and drinks, party favors and a New Year’s toast are included.

Tickets are $30 per person until Dec. 25, after which they are $35 per person, with a maximum of five people per lane. For lane reservations, call 702-658-4910. https://www.sclv.com/

3. ROLLER SKATING FUN

Crystal Palace Boulder skating center, 4680 Boulder Highway, plans a New Year’s Eve party with doors opening at 6 p.m. and skating from 7 p.m. to 1 a.m. Admission is $16, which includes free hats and horns for everyone and glow product for the first 100 skaters. For more information, visit  https://www.skatevegas.com/

4. BOUNCING FUN

BounceU of Henderson, 1000 N. Stephanie St., Suite 14, plans a Parents’ Night Out event for kids on New Year’s Eve. Parents can drop kids from 3 to 13 off at 7:30 p.m. and pick them up at 12:30. While parents adult festivities, children can enjoy bouncing on indoor bounce house inflatables, pizza, a New Year’s countdown and an optional movie. Admission is $30 for the first child and $25 for each additional sibling. Reservations are required at 702-735-5867 or at https://www.bounceu.com/ 

5. TOWN SQUARE LAS VEGAS

Town Square Las Vegas, 6605 Las Vegas Blvd. South,  will be holding family-friendly activities during the day Dec. 31. From 10 a.m. to 1 p.m. the shopping center is expected to offer inflatable slides, bounce houses, a rock wall and a face-painting station.  At noon, the center plans to count down the new year with a juice box toast. For more information, visit mytownsquarelasvegas.com. https://mytownsquarelasvegas.com/

6. CLARK COUNTY LIBRARIES

Several Clark County Library District locations plan New Year’s Eve kids parties complete with countdowns to noon. For details:   https://lvccld.org/  

The Enterprise Library, 25 E. Shelbourne Ave., is slated to host a Rock N’ Roll New Year’s Eve starting at 11:30 a.m. The event is open to children 11 or younger and is expected to feature crafts and dancing.

Kids 11 or younger can sing, dance, share stories and do a countdown to noon during a party scheduled from 11 a.m. to noon at the Spring Valley Library, 4280 S. Jones Blvd.

Kids 11 or younger can party with a countdown ending in bubble wrap “fireworks” from 11 a.m. to 12:15 p.m. at the Whitney Library, 5175 E. Tropicana Ave.

A party is scheduled for children 2 to 8 from 11:30 a.m. to 12:15 p.m. at the Rainbow Library, 3150 N. Buffalo Drive.

Kids 5 or younger can sing songs, read stories and create a unique version of fireworks from 11:30 a.m. to 12:15 p.m. at the Summerlin Library, 1771 Inner Circle Drive.

Children 11 or younger are invited to listen to stories and countdown to noon during a party scheduled from 11:30 a.m. to 12:30 p.m. at the West Charleston Library, 6301 W. Charleston Blvd.

7. HENDERSON LIBRARIES

The Henderson Libraries will close at 1 p.m. on New Years Eve day in anticipation of the holiday.  However that morning the will be having pint size celebrations for the little ones. Space is limited for all Henderson Libraries programs. Ask the Youth Services desk for a program pass the morning of the event.

The Gibson Library, 100 W. Lake Mead Parkway, invites kids 3 to 6 and parents to dress up, sip sparkling cider, read a story, do a craft and take part in a countdown during a party scheduled from 10 a.m. to 10:40 a.m. Dec. 31.  

https://hendersonlibraries.com

Children 3 to 12 can toast at noon during a party scheduled from 11:30 a.m. to 12:30 p.m. at the Green Valley Library, 2797 N. Green Valley Parkway.  

https://hendersonlibraries.com

8. THE SMITH CENTER

The Smith Center for the Performing Arts,  in located at 361 Symphony Park Ave., and is scheduled to present Emmy and Tony Award winner Kristin Chenoweth at 7:30 p.m. Tickets start at $49. For more information, visit https://www.thesmithcenter.com

9. THE PINBALL HALL OF FAME

For a fun, early evening, families can play pinball at the Pinball Hall of Fame, 1610 E. Tropicana Ave., during regular hours New Year’s Eve and New Year’s Day from 11 a.m. to 11 p.m. Admission is free and most games can be played for 25 cents. For more information, visit  pinballmuseum.org.

10.    FAMILY NIGHT AT HOME WATCHING TO FESTIVITIES AROUND THE GLOBE

Homemade hot chocolate, apple cider, popcorn, and hamburgers on the grill with family favorite holiday flicks can be the best way to celebrate the new year with the people closest to us.  Reflecting on the past and welcoming the future in our cozy faves with our loved ones at home is a special and joyful way to welcome the New Year. No crowds, no hustle and bustle. Just relishing the simple things can be the best way to celebrate.  

On behalf of all of us at TheOneLawyer.com we wish you and yours a safe a prosperous new year.  If you have a question regarding any type of personal injury, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or if a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

          At the Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC at TheOneLaweyer.com,  we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury Henderson offices.  TheOneLawyer.com is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

PICKING SAFE TOYS FOR KIDS

TOP TEN THINGS TO CONSIDER WHEN BUYING TOYS FOR KIDS

  1. CHECK THE RECOMMENDED AGE
  2. THROW AWAY ALL WRAPPING IMMEDIATELY
  3. MAKE SURE NON TOXIC MATERIALS USED
  4. MAKE SURE NO SMALL PARTS FOR INFANTS AND TODDLERS
  5. INSPECT FOR SHARP EDGES
  6. TOYS WITH STRINGS OR CORDS SHOULD  NOT BE IN CRIBS OR PLAYPENS
  7. TEACH OLDER CHILDREN TO KEEP HARARDOUS TOYS AWAY FROM YOUNGER CHILDREN
  8. THROW AWAY OR FIX BROKWN TOYS
  9. SUPERVISOR TO ENSURE PROPER USE OF TOYS
  10.  PUT TOYS AWAY TO AVOID TRIP AND FALLS


Children can have a lot of fun playing with their toys on Christmas morning. However, it’s important to remember that safety should always come first. It is a sad fact that every year thousands of children are injured by toys.  This blog is dedicated to providing tips on  what to look for when buying toys. I also how a few simple safety tips to prevent injuries. Most injuries from toys are minor cuts, scrapes, and bruises. Unfortunately, toys have caused serious injury and even death in some cases. This happens when toys are dangerous or used in the wrong way for the wrong child. The CDC has conducted detailed analysis of toy related to children in the United States.   You can review details of their findings as https://www.cpsc.gov/s3fs-public/Toy_Report_2018.pdf?qIO1DVoYhV6lzYgcLa04K28yF28BOgdS 

The report notes that “In 2017, riding toys continued to be associated with more emergency department-treated injuries for all ages than any other specified category of toy. Riding toys were associated with 69,400 of the estimated injuries, and 70 percent of which were related to non-motorized scooters. The top three specifically identified toys that were associated with the most estimated injuries for all ages in 2017 were: non-motorized scooters (48,700, or 19 percent); toy balls (25,700, or 10 percent); and toy vehicles (13,300, or 5 percent).”  Since 2003, over one million children in the United States have been treated in emergency rooms for toy related injuries. Sadly, many children have also died from toy related accidents.  

The number of Annual Toy-Related Emergency Department-Treated Injury Estimates 2013–2017 Calendar Years are as follows:

Calendar Year      15 Years of Age               12 Years of Age or Younger¥             Younger Than 5 Years of Age

2013                       184,500                     175,500             83,300

2014                         179,700                 170,300             84,000

2015                        181,600                   173,200               88,400

2016                        174,100                   166,300               85,200

2017                        184,000                   174,300               89,800

The statistics clearly show a significant rise and injuries to children under five years old from toys. It is incumbent upon parents and caregivers to pay extra attention to our youngest members of society to keep them safe and out of harms way. This Christmas all of us here at TheOneLawyer.com  stress that parents keep a close eye on children, especially children under five, and supervise them closely while playing with toys. It is no joking matter. Children die every year on choking on small objects from toys and small balls, sometimes right in front of their parents. In addition to keeping a close eye on children, it is important that every parent and caregiver know how to assist a child who is choking. Visit the following website for information regarding emergency medical care to a person choking. https://www.stanfordchildrens.org/en/topic/default?id=how-to-help-a-choking-child-1-197

The following are some practical tips to help you keep you and your family safe this holiday season:

CHECK THE RECOMMENDED AGE

Always pay close attention to the age recommendations on toys and choose one according to a child’s age, interest and skill level. Also, be aware of other safety labels such as “Flame retardant/flame resistant” or “Washable/Hygienic materials” on dolls and other stuffed toys, and learn how to properly care for the toys.

THROW AWAY ALL WRAPPING IMMEDIATELY

Be sure to throw any plastic wrapping from new toys immediately because it can pose a suffocation risk. If you feel you may need to return the toy, save wrapping in a location your child cannot reach it.  

MAKE SURE NON TOXIC MATERIALS USED

When buying toys for infants under the age of one, it is good to choose toys that are colorful, lightweight, have different textures and are made of safe, non-toxic materials. Children this age learn through the senses like sight, touch, sound and taste.  That means they often put things into their mouth to discover them. 

MAKE SURE NO SMALL PARTS FOR INFANTS AND TODDLERS

It is very important not to give small children any toy that has small pieces that can present a choking hazard.   Watch for any toys with small parts such as removable eyes, noses, etc., they are choking hazards.  Remember, if it can come off, it will come off.

INSPECT TOYS FOR SHARP EDGES

Remember to inspect all toys for sharp edges or pointed ends that are made from such materials as metal or glass.  Any toy that has these should not be given to children under 8 years of age and only if they are closely inspected.  This can include toys that you would not really think could pose a hazard like stuffed animals with wires that could stab, cut or shock if exposed. 

TOYS WITH STRINGS OR CORDS SHOULD  NOT BE IN CRIBS OR PLAYPENS

Toys with string can present a potential of choking or hanging for young children.  Toys with strings, cords or ribbons of any kind should not be hung in or near cribs or playpens. Young children can become entangled which can injury, or even death. For more information visit https://kidshealth.org/en/parents/safety-entrap.html

TEACH OLDER CHILDREN TO KEEP HARARDOUS TOYS AWAY FROM YOUNGER CHILDREN

Many families have older and younger children.  Parents need to teach older children to keep their toys that may have removable small parts, sharp points or toys run on electricity out of reach of younger brothers and sisters. Young children are very curious and may want the toys that aren’t appropriate for their age. 

THROW AWAY OR FIX BROKWN TOYS

Keep toys and play equipment in good condition and discard any toys that are broken to prevent injuries. It would not have been a Christmas morning at my house growing up without my Dad in the garage at his work bench fixing the first of several toys to be broken on Christmas morning.   Toys that break can produce sharp edges, loose parts or electrical hazards.

SUPERVISOR TO ENSURE PROPER USE OF TOYS

Be sure to keep a close eye on the little ones with all their new toys.  Remember, you may have selected toys carefully but it is likely that older relatives may have sent yoys and gifts without as careful of a selection process.  Supervision is crucial to provide a safe and hazard-free play environment for both indoor and outdoor play. Toys get used and abused by children. It is important to repeatedly inspect  toys for maintenance issue and check for safety hazards. 

PUT TOYS AWAY TO AVOID TRIP AND FALLS

Teach children early to put toys away when they are finished playing with them. This will prevent accidental falls over them.  It is just as important to protect my and Dad from injuries from tripping over toys.  

As head out to do your holiday shopping for the little ones or sit down in front of your computer as most of us shop these days, keep these tips in mind.  The Law Offices of Laura Payne-Hunt wishes you a safe and fun holiday. Please keep your children safe by checking all the new toys they receive. At the offices of TheOneLawyer.com, we would like to see a safe and fun Holiday for everyone.  

AddThis Sharing Buttons

Share to FacebookShare to TwitterShare to PinterestShare to Email

If you have a question regarding any type of personal injury, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Payne-Hunt, Esq. , a Henderson Injury Attorneys for over 15 years.  Recognized as one of Nevada’s Top 100 Lawyers, Laura has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or if a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

If you have been in any type of accident and have questions, please don’t hesitate to contact our Henderson and Las Vegas Accident injury offices today.  At our office, we are experienced in helping injured victims get the compensation they are entitled to. Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

          At the Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC at TheOneLaweyer.com,  we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury Henderson offices.  TheOneLawyer.com is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

FUN AND SAFE CHRISTMAS EVENTS for HENDERSON AND LAS VEGAS

TOP  FAMILY HOLIDAYATTRACTIONS IN LAS VEGAS AND HENDERSON 

1   MYSTIC FALLS PARK – East Las Vegas

2   HOLIDAY EXPERIENCE AT THE PARK –The Strip

3   THE ICE RINK AT THE COSMOPOLITAN – The Strip

4   HOLIDAY MAGIC AT THE LINQ PROMANADE – The Strip

5   MAGICAL FOREST OPPURTUNITY VILLAGE – West Las Vegas

6   GLITTERING LIGHTS- Las Vegas Motor Speedway West Las Vegas

7   ETHEL M CHOCOLATES CACTUS GARDEN AND LIGHTS – Henderson

8   BELLAGIO GARDENS AND CONSERVATORY –The Strip

9.  WINTERFEST-Henderson

10. BASS PROSHOP HOLIDAY EVENTS- South Las Vegas

11. WINTER’S VILLAGE EXPERIENCE AT GREEN VALLEY RANCH RESORT AND  

       RED ROCK CASINO- Henderson and Summerlin

12. SPRINGS PRESERVE – Central Las Vegas

MYSTIC FALLS PARK – East Las Vegas

Every year Sam’s Town Hotel & Gambling Hall’s transforms its pioneer-themed Mystic Falls Park Light and Water Show into the Winter Wonderland experience. Within the last few years, the attraction had a make-over and got a new holiday look and show. The Christmas display gives visitors a peek inside Santa’s workshop, where the elves are busy making toys and loading the sleigh. The nine-minute holiday laser light show features classic holiday tunes and runs daily every hour from 5 p.m. to 10 p.m. Cowboy Santa will be in the Park’s gazebo on Thursdays and Fridays from 4 p.m. to 8:30 p.m. and on the weekends from noon to 8:30 p.m. through Sunday, December 23. This a free activity during the holidays and Sam’s Town transforms its Mystic Falls attraction into an enchanting seasonal display featuring a light show.  In addition to the lights, Sam’s Town also has a movie theater, bowling center and an arcade, so there are lots of activities to do with the kids after you see Mystic Falls for a great family night out.  . https://www.samstownlv.com/experience/mystic-falls

HOLIDAY EXPERIENCE AT THE PARK –The Strip

During the holidays, The Park transforms itself into Holiday at The Park, featuring live entertainment and festive decorations. The Park is the new area on the Las Vegas Strip that’s been created in the space around the new T-Mobile Arena and New York-New York, adjacent to the new hotel Park MGM (formerly the Monte Carlo). It genuinely is a park, with desert landscaping and the well-known Bliss sculpture. Plenty of dining and shopping options are also nearby. For the holidays, The Park will be decked out with dazzling lights, festive ornaments and a massive Christmas tree. Holiday at The Park is open daily from November 29, 2018, to December 31, 2018. Admission is free. The Park hosts a holiday extravaganza with beautiful decorations and  other special events. There are also casual restaurants in the area. The Park is located at 3780 Las Vegas Blvd. South Las Vegas, NV 89158 near the T-Mobile Arena.     https://www.lasvegashowto.com/the-park

THE ICE RINK AT THE COSMOPOLITAN – The Strip

Las Vegas may be in the desert, but that hasn’t stopped the Cosmopolitan of Las Vegas from putting in an ice skating rink from November 21, 2019, to January 6, 2019. You’ll find fire pits, plenty of places to sit, and a menu of warm cocktails, comfort foods and hot chocolate. The Cosmopolitan promises skaters snow showers every 30 minutes to complete this wintery holiday atmosphere, which also has a great view of the Las Vegas Strip. The cost for ice skating admission is $20 and includes all-day skating access and skate rentals. Entry into the area is free. Children under 18 must have an adult with them.  The Cosmopolitan of Las Vegas transforms into a winter wonderland with its skating rink and comfortable seating area. On Mondays and Tuesdays the Cosmopolitan’s Ice Rink hosts Date Skate where you can watch a movie and sit at the fire to warm up. https://www.cosmopolitanlasvegas.com/ice-rink

HOLIDAY MAGIC AT THE LINQ PROMANADE 

The Strip

The Linq’s Promenade is full of restaurants, shops and attractions for every season. During the winter holidays, the Promenade does its part to dispense holiday cheer with Christmas trees, lights and entertainment. Every evening during the month of December, visitors can enjoy free live performances, light shows and even “snow.” The Promenade should be on your list of places to explore if you’re searching for a few last-minute gifts, looking for a restaurant (shopping is hard work) or just soaking up the holiday spirit. You can also take a ride on the High Roller Observation Wheel for a birds-eye view of Las Vegas–a perfect way to end a holiday outing!  During December, the Linq’s Promenade is bursting with beautiful holiday decorations and entertainment. The new attraction at the Promenade is the zipline called Fly Linq, which takes riders along a cable, 12 stories above the ground. https://www.caesars.com/linq/high-roller/how-much-are-high-roller-tickets

MAGICAL FOREST – WESTSIDE

The Magical Forest which is celebrating another year of providing holiday joy to the Las Vegas community while helping handicap workers in our community.  More than 150,000 people visit the Forest every year. The forest features more than three million lights on hundreds of decorated trees. You can ride the Forest Express passenger train, enjoy the Carousel or visit Santa. There is fun for the whole family and many special events and offers throughout the Forest season. The Magical Forest is open nightly November 29th, 2019 – January 4th, 2020. Park Opens 5:30 pm nightly! Free Parking.  Tickets to enter and ride all the attractions are $23.50 and tickets to enter only are $16.50. Check online for discounts.  https://www.opportunityvillage.org/what-we-do/events/magical-forest

DOWNTOWN SUMMERLIN HOLIDAY PARADE

Considered a Las Vegas holiday tradition, the Downtown Summerlin Holiday Parade holiday spectacle is scheduled take place throughout the holiday season, and includes floats, snowflake princesses and princes, dancers, toy soldiers, nutcrackers, drummers, dancers, characters through the streets of Downtown Summerlin and festive music to put the entire family into the holiday spirit. The parade is scheduled for the evenings of November 15th – December 21st, 2019; Fridays & Saturdays at 6 p.m.and it’s a free event. The parade will take place on Park Centre Drive from Foot Locker to CREAM. All shows are free and open to the general public.  www.downtownsummerlin.com


GLITTERING LIGHTS — NORTH LAS VEGAS

An age old  Las Vegas tradition that used to be hosted at Sunset park is a drive thru collection of bright lights and fun decorations.  It is a great activity to load up the kids in their pajamas with snacks and hot chocolate with secure lids and drive thru the winter wonderland.  Glittering Lights at the Las Vegas Motor Speedway features more than 500 animated and sparkling displays and millions of lights. The 2.5-mile LED course is  full of vibrant, holiday flashing and glittering light displays. Glittering Lights also has its own radio station with a play list created just for the drive. The display is open from November through January. Admission price is $20-$30 per vehicle. The course gets busiest from 6-8 p.m., so plan for a visit earlier or later in the evening to enjoy a less crowded experience. You can get $5 off the cost of admission if you bring a bag of gently used items to donate to Goodwill of Southern Nevada.  In addition, for other discounts, check the event’s website. http://www.glitteringlightslasvegas.com/

ETHEL M CHOCOLATES CACTUS GARDEN AND LIGHTS 

                                Henderson 

 Ethel M Chocolates Holiday Cactus Garden has been one of Las Vegas’ favorite holiday attractions for the over 20 years. The 3-acre Botanical Cactus Garden, located adjacent to the Ethel M Chocolate Factory, features hundreds of thousands of lights illuminated for all to enjoy and attracts thousands of festive chocolate lovers each year. Open this season from November 9, 2019, through December 23, 2019, the annual event is free to attend, making it perfect for families. On the weekend evenings, Santa visits and local choirs perform. Santa will be on the grounds every evening from December 16 to 23, 2019. Professional photos are available for purchase, or you can take your own photos for free.  https://www.ethelm.com/botanical-cactus-garden

BELLAGIO GARDENS AND CONSERVATORY

The Strip

The Bellagio Conservatory & Botanical Gardens is one of Las Vegas’ busiest places during the holiday season, thrilling the crowds with photo-perfect scenes of gorgeous Christmas trees and beautiful over-sized decorations. From September through January, the displays change three times for autumn, the winter holidays, and the Chinese New Year. The airy atrium is 

filled with holiday cheer and makes a wonderful place for pictures. Visiting the conservatory is free.  Parking fees may apply.  https://bellagio.mgmresorts.com/en/entertainment/conservatory-botanical-garden.html

 WINTERFEST – HENDERSON

WinterFest  in Henderson is back for another exciting year at the Henderson Events Plaza.  The event runs from December 13 to December 14, 2019. This year’s theme is Winter Blue Edition and includes a variety of family-friendly activities including the official tree-lighting ceremony with Mayor Debra March and Santa, craft and food vendors, live entertainment, and a fun evening light parade. WinterFest is open to all ages. The tree lighting ceremony will be Friday, December 13 at 6pm and the  Festival runs: Friday, December 13, from 6pm – 9pm, and Saturday, December 14, from Noon – 5pm,. The Evening Light Parade will be Saturday, December 14, at 5pm All events take place In the Water Street District and are free. The Henderson Events Plaza is located at 200 S. Water St. Henderson NV. https://www.cityofhenderson.com/henderson-happenings/events/special-events/winterfest

BASS PRO SHOPS HOLIDAY EVENTS

SOUTH LAS VEGAS

Bring the whole family to enjoy Santa’s Wonderland Event at the Bass Pro Shops. Running now until Christmas Eve!, this is an event the kids will love as they enjoy tons of activities going on throughout the wonderland. While you are there, get your FREE 4×6 photo with Santa as well as a FREE craft!. It is recommended that you call ahead to make sure the photo line is open. 702-730-5200.  Bass Pro Shop is located at 8200 Dean Martin Drive, Las Vegas, NV 89139. https://www.basspro.com/shop/en/santas-wonderland

WINTER’S VILLAGE EXPERIENCE AT GREEN VALLEY RANCH RESORT AND RED ROCK CASINO

HENERSON AND SUMMERLIN

Celebrate the holiday season with a Winter’s Village experience at Green Valley Ranch Resort and Red Rock Casino Resort and Spa. Fun for the entire family, the winter wonderland features a 6,000-square-foot spectacular outdoor real ice rink (with real ice), more than 60 decorated trees with thousands of white lights and holiday music providing a merry feeling along with  holiday-inspired activities, and a visit from Santa every Saturday through December 23. Admission is $25 per person ages 6 to adult, $15 ages 5 & younger, including ice skate rental. Winter’s Village at Green Valley Ranch Resort – located at the amphitheater in the backyard pool area.
Winter’s Village at Red Rock Casino Resort and Spa – located in the backyard pool area.
https://www.sclv.com/Corporate/Newsroom/2018/2018WintersVillage

SPRINGS PRESERVE – CENTRAL LAS VEGAS

Get on the Holiday Express at the Springs Preserve with train rides to Santa’s magical village. Festive activities include photos with Santa, holiday crafts, cookie decorating, holiday stories, a nutcracker display and more!. You are encouraged to bring your own camera or smart phone to document your Santa sighting. This event runs thru the following dates and times: Dec. 6-8, 13-15 & 20-23, 2019 | 11am – 7:15pm and Admission is $10 members; $12 non-members. It is recommended to make Reservations as Spaces are limited for each departure.  https://www.springspreserve.org/events/?id=2174

As your family heads out for Holiday fun, The Law Offices of Laura Payne-Hunt wishes you a safe and fun holiday.  This is all of our community here in Henderson, Nevada and we would like to see a safe and fun Holiday for everyone.  

AddThis Sharing Buttons

Share to FacebookShare to TwitterShare to PinterestShare to Email

If you have a question regarding any type of personal injury, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or if a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

          At the Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC at TheOneLaweyer.com,  we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury Henderson offices.  TheOneLawyer.com is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

PREVENTING CHRISTMAS TREE FIRES

TOP FIVE CHRISTMAS TREE SAFETY TIPS

  1. Do not allow the tree to dry out;
  2. Use only single extension cords;
  3. Turn off the lights when you go to bed;
  4. Use UL approved lights and cords;
  5. Make sure lights have  cracked lamps or frayed cords

Fires Due to Christmas Trees

In January of 2015, tragedy stuck a family near Washington DC.  It happened when a  15-foot Christmas tree became dried out and  powered a massive mansion fire that killed Maryland  grandparents and four of their young grandchildren. Although other family members advised authorities that the family had intended  to remove the tree from the house the day after the fire, it was too late. Instead, wiring that was underneath the dried-out Christmas tree powered a fire that spread so quickly the family couldn’t escape.

Reports show that between the years of 2013and 2017, U.S. fire departments responded to an average 160 home fires that started with Christmas trees per year. These fires caused an average of three deaths, 15 injuries, and $10 million in property damage yearly. On average, one of every 52 reported home fires that began with a Christmas tree resulted in a death, compared to an average of one death per 135 total reported home fires. Electrical distribution or lighting equipment was involved in 44% of home Christmas tree fires. In one-quarter (25%) of the Christmas tree fires, some type of heat source, such as a candle or equipment, was too close to the tree. One-fifth (21%) of Christmas tree fires were intentional.  Roughly three-quarters of Christmas tree fires occurred in December or January. Two of every five (39%) home Christmas tree fires started in the living room. It is a sad reality that the holidays bring hidden dangers that we need to be aware of and protect our families against.  https://www.nfpa.org/Public-Education/Fire-causes-and-risks/Seasonal-fire-causes/Winter-holidays/Holiday-fires-by-the-numbers

Fortunately, through the use of due diligence and following the safety tips of the experts, many of these accidents can be avoided.  At the Law Offices of Laura Payne-Hunt, Esq., TheOneLawyer.com, we are committed to providing information and expert advice to help our readers keep their families safe all year round and avoid the perils of the Holiday season.  By reading this blog, you will gain valuable information and tips that many of us don’t even think about to keep you and your loved ones safe during the holiday season. As an accident injury attorney in Henderson and Las Vegas for the past 18 years, I have seen a lot of tragedies that could have been avoided.  Although we are available 24/7 to help injured victims, at TheOneLawyer.com, we are also committed to helping prevent tragedies and keep our clients and readers healthy to enjoy the Holiday season. As a direct result of so many Holiday accidents, the experts have provided the recommendations herein to keep people safe.

The NFPA and other fire departments recommend make the following safety recommendations to prevent Holiday tragedies: 

  • Make sure string lights have no loose connections, cracked lamps or frayed cords.
  • Use only a single extension cord that can reach your home’s outlet without being too long and being tangled.
  • Use UL-approved lights and cords.
  • Make sure lights are off when you go out and before you turn in for the night.
  • Make sure all outdoor light connectors are away from metal rain gutters and off the ground.
  • Never use candles to light or decorate a tree.
  • To lessen the chance of a fire hazard, purchase a freshly cut tree.
  • Make sure to keep your tree at least three feet away from any heat source.
  • Water the tree every day, and remove it from your home after Christmas or once it becomes dry. 
  • Don’t burn Christmas tree branches or wrapping paper in your fireplace.
  • Keep candles at least 12 inches away from anything that could burn. 

              Christmas trees aren’t the only item you’ll need to be careful with. The D.C. police also reported that two out of every five home decoration fires are started by candles. The four most common days for candle fires are Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day, police said. 

  The National Christmas Tree Association is the professional trade association representing farmers and sellers of Christmas Trees throughout North America. NFPA estimates that Christmas trees, both natural and artificial, were the item first ignited in an estimated average of two hundred and fifty reported home structure fires per year during 2003-2007. These fires caused an estimated fourteen civilian deaths, twenty six civilian injuries, and $13.8 million in direct property damage per year. These estimates are based on data from the U.S. Fire Administration’s (USFA’s) National Fire Incident Reporting System (NFIRS) and the National Fire Protection Association’s (NFPA’s) annual fire department experience survey.

During the same period, holiday lights and other decorative lighting with line voltage were involved in an estimated average of one hundred seventy  home structure fires per year. These fires caused seven civilian deaths, seventeen civilian injuries, and $7.9 million in direct property damage per year.  In order to keep you and your loved safe, our staff at TheOneLawyer.com urge you to follow the following safety measures which are listed by The National Safety Council:  

Christmas Trees

  • Try to select a fresh tree by looking for one that is green. The needles of pines and spruces should bend and not break and should be hard to pull off the branches. On fir species, a needle pulled from a fresh tree will snap when bent, much like a fresh carrot. Also, look for a trunk sticky with sap.
  • Cut off about two inches of the trunk and put the tree in a sturdy, water-holding stand. Keep the stand filled with water so the tree does not dry out quickly.
  • Stand your tree away from fireplaces, radiators and other heat sources. Make sure the tree does not block foot traffic or doorways.
  • If you use an artificial tree, choose one that is tested and labeled as fire resistant. Artificial trees with built-in electrical systems should have the Underwriters Laboratory (UL) label.
  • An average of 210 home structure fires begin with Christmas trees and result in 24 fire deaths, 27 fire injuries and $13.3 million in property damage.

Tree lights

  • Only use indoor lights indoors (and outdoor lights only outdoors). Look for the UL label. Check lights for broken or cracked sockets, frayed or bare wires, or loose connections. Replace or repair any damaged light sets.
  • Also, use no more than three light sets on any one extension cord. Extension cords should be placed against the wall to avoid tripping hazards, but do not run cords under rugs.
  • Turn off all lights on trees and decorations when you go to bed or leave the house.

Tree ornaments

  • Always use the proper step stool or ladder to reach high places.
  • Read labels before you use materials that come in jars, cans and spray cans.
  • Never place lighted candles on a tree or near any flammable materials.
  • Avoid placing breakable tree ornaments or ones with small, detachable parts on lower branches where small children or pets can reach them.
  • Do not hang popcorn chains and candy canes on the tree when small children are present. They may think that other tree ornaments are also edible.

If you have a question regarding any type of personal injury, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or if a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

          At the Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC at TheOneLaweyer.com,  we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury Henderson offices.  TheOneLawyer.com is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

Thanksgiving 2019!

Thanksgiving is my favorite holiday of the year. I really believe it is the only four consecutive days of 365 when work really stops for family. What began as an Autumn celebration and feast hundreds of years ago has its own modern meaning to all of us. The holiday gives us an opportunity to reunite with family, enjoy our traditional dishes, express our gratitude and, of course, watch parades  and football and shop online for Black Friday Sales. It is the kick off to a hectic and joyous holiday season that we all look forward to all year. Have you ever wondered where the time honored tradition of Thanksgiving originated in our law or the legal history of the holiday? Probably not, but as a legal blogger it has crossed my mind. In researching the issue, I have discovered some interesting laws regarding Thanksgiving. The following are my top 10 favorite as the most interesting laws on the subject of Thanksgiving.

  1. There is No Shopping on Thanksgiving day in Some States
  2. Turkey Poo used for energy is required
  3. Thanksgiving not always the fourth Thursday in Nov.
  4. You can’t buy alcohol in some States on Thanksgiving
  5. You clean your house certain ways in New York City
  6. You can’t drink wine from a tea cup in Topeka
  7. One lucky Turkey is pardoned
  8. A lawyer invented canned cranberries
  9. Injuries Change the Law for Thanksgiving Parade
  10. It is illegal to use dogs to hunt Turkeys in some States

  1. No shopping on Thanksgiving 

In Massachusetts, Maine and  Rhode Island no shopping is allowed on Thanksgiving Day. In these states most retailers are prohibited from doing business on Thanksgiving day. Blue laws, as they were first referred to originate from the colonial era and encourage businesses to close to allow people to attend church on Sundays and holidays. They have remained in place in these states to urge people to spend time with their families on Thanksgiving Day. One notable exception is in Maine where any store over 5000 ft.² must remain closed with the exception of the L.L. Bean outlet.  A loophole in the law allows sporting goods stores to stay open on Thanksgiving Day. I guess you never know when you are going to need a football although I don’t believe they sell those at L.L. Bean, maybe a jacket.

  1. Turkey Poo Must Be Used as  an Alternative Energy Source 

No that is not a typo.   In the state of North Carolina and the state of Minnesota they have mandated that utility plants use a small amount of turkey waste to generate some of their power due to the large turkey farming industry in these states. I really can’t make these things up.

  1. Thanksgiving has not  always been on the fourth Thursday in November

Throughout most of our current lifetimes Thanksgiving Day has always been on the fourth Thursday of November. However,  it was President James Madison who proclaimed that we would have two Thanksgivings in 1815. One in the Spring and one in the Fall.   In 1940 President Franklin Delano Roosevelt proclaimed Thanksgiving Day would be on the third Thursday in November in order to lengthen the shopping season for depression era retailers.  Surprisingly, Roosevelt’s announcement proved to be controversial with some states continuing to celebrate on the fourth Thursday of the month. In 1941, Congress put an end to the “Franksgiving “ by passing a joint resolution that Thanksgiving Day would be established as the fourth Thursday in November.

  1. Plan ahead for all desired beverages 

If you are planning on hosting Thanksgiving dinner or bringing an alcoholic gift to your party giver this Thanksgiving, it is important to know that many states have laws against selling liquor on Thanksgiving. Some states have more lenient liquor laws such as Alabama where you can purchase beer and wine but not spirits on Thanksgiving. However,  in states such as Kansas and Oklahoma their laws are much stricter. In those states you cannot buy alcohol on Sundays or Holidays.  

  1. Careful  Cleaning your house in New York 

If you plan on cleaning before your guests arrive and  you live in New York City, bear in mind it is against the law to shake out a dust mop or a rug out of a window.

6)  Be sure to use the right glass

Perhaps one of the most interesting and unusual laws I came across was in Topeka, Kansas.   It is against the law to serve wine in tea cups in a restaurant. Not that I’ve ever seen wine served in a tea cup.  However, in case this is your preferred method of drinking wine, bear in mind you cannot do so in Topeka Kansas

7) The Lucky Turkey

You’ve probably seen the White House tradition where the president is gifted a turkey and subsequently pardoned the turkey for everything,  meaning it cannot be eaten as someone’s Thanksgiving dinner. Although I did find conflicting stories about the origins of the turkey pardon, it does have a basis in law. In 1865 President Abraham Lincoln spared a Christmas turkey that his son took a liking to. However,  it wasn’t until 100 years later that President John F Kennedy spared the first Thanksgiving turkey. The first president to issue a formal pardon to the turkey was George HW Bush during a ceremony in the White House rose garden in 1989. The tradition has been upheld for the past 29 years. It will be interesting to see if the current administration follows this tradition

8) Canned cranberry sauce came from a lawyer

Americans consume over 5,000,000 gallons of jellied cranberry sauce for Thanksgiving every year. Attorney Marcus Lurran came up with the idea at the turn of the 20th century. He left his legal career to buy a cranberry bog. In an article published in the Spokane daily Chronicle in 1959, decades after his inspired career change, he said that his true motive was that he knew how to market cranberries and he wanted to extend the otherwise short selling season of the berries.   Cranberries are picked during a six week season and before canning technology the product had to be consumed immediately. Sadly, the rest of the year there were no cranberry dishes.. Lurran’s canned cranberry sauce and juice were revolutionary with a shelf life of months instead of days. If it were not for Mr. Lurran, we would not be able to enjoy the random, impromptu to summer time Thanksgiving meal.   

9) Injuries Change the Law for Thanksgiving Parades

  In 1997, very high winds pushed the Cat in the Hat balloon into a lamppost. As a result, the falling pieces of the lamppost struck a parade-goer, which resulted in a tragic injury fracturing her skull and leaving her in a coma for a month. Following this injury, the balloon size regulations were enacted for  the next year, which prohibited larger balloons such as the Cat in the Hat.

10 ) It is Illegal to use Dogs to Hunt Turkeys in Maine

In the state of Maine, no person may employ the use of a dog or dogs in any manner while hunting turkey except during the fall season; 

From all of us at the TheOneLawyer.com,  we wish you and your family a very happy holiday. We hope you enjoy all of your unique, special holiday traditions.  When traveling during the holidays, take a look at some of my past blogs regarding injuries that can occur on vacation and issues arising with rental cars.   We hope that you travel safely.

 If you or a loved one is injured call our office immediately.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my office, we are experienced in helping injured victims get the compensation they are entitled to. Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.   

          At the Law Offices of Laura Payne Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.