The judge in a lawsuit against the Orleans Hotel in Las Vegas is allowing the plaintiff to amend their complaint, which would allow the suit to proceed. The lawsuit was filed after two employees were killed at the hotel after entering a “toxic manhole.” The suit was brought by the two men’s families.
Under Nevada law, courts have held that workers’ compensation laws prevent employees from holding employers liable for workplace related injuries. However, the judge said that lawsuits are permissible where there was a “deliberate and specific intent to injure.” Thus, the judge allowed the plaintiffs to amend their complaint so as to include such language.
Although most workplace injury lawsuits are easily dismissed, if the amendment is filed, this case will likely head to trial.
Disclaimer: The foregoing is general legal information only and not intended to serve as legal advice or a substitute for legal advice. If you have been injured or damaged while at your workplace go to www.ContingencyCase.com to see if there is a lawyer or attorney in your local area who is willing to take your case on a contingency fee basis. ContingencyCase.com is an online legal directory that allows Attorneys to advertise their availability to take all kinds of cases on a contingency fee basis (for example personal injury, eminent domain, contract cases, partnership disputes, etc.). Please note there are no guarantees that any attorney or lawyer will take your case. Copyright 2009 ContingencyCase.com – All Rights Reserved.
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1 comment:
Workers compensation attorneys have hard job. They have to make sure that workers rights are protected and that people feel safe at work. The attorney in the Orleans Hotel case has a big job cut out for him. I hope the trial goes well and the workers rights are protected!
Emily Smith | http://www.hootonwoldokrent.com/Law_Firms_The_Firm_Beaverton_OR.html
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