Brett A. Carter:
I had a recent case; the gentleman, who came to Las Vegas, was sitting in a chair at a twenty one tournament. The chair broke. Through no fault of his own, this wasn’t a huge guy, normal sized guy, maybe a couple extra pounds like the rest of us, he fell. The chair broke. It was defective. It had been an old chair; the casino didn’t replace it. They hadn’t inspected, they hadn’t maintained it. As a result, one of their guests got injured. Well, he called me, from Oregon. Tough guy. He chopped his own wood, he was a retired sheriff. But he’d been disabled. And his concern was, “Should I present a claim?” Well, I asked him, “Was it your fault?” He said, “No.” I asked him, “Were you hurt?” He said, “Absolutely.” He said, “What I thought I had was made much worse. ” He was unable to walk to the mailbox, he wasn’t able to chop the wood that he used to chop, provide for his family. So, now he had to go to the doctor again. Now he had to start that whole line of getting treatment, potential surgery. So I said I could help him. And we did. Sad part about it was, is the casino denied responsibility. Until we showed them that we could file a lawsuit and pursue the claim. Then they eventually accepted responsibility, which is rare. Probably because they lost the chair. So, went to trial because they wouldn’t take responsibility for his injuries. They kept pointing the finger back at, “You know what, you had this issue before. You were on medication before, you were disabled.” Well you know what, they’re responsible for not only new injury, but aggravation of old injuries. We call it an aggravation of a preexisting condition. But it’s when somebody’s negligent and makes those conditions worse and forces us to have to go to the doctor, get treatment we didn’t need before, incur costs, lose those important moments with family. Those are the things that are important, and those are the things that if someone causes you to lose, you should hold them accountable for.