When Magic Tricks Go Wrong: Injured Participant Loses Appeal
Picture this: you’re at a magic show, and you’re called up to the stage to help with a trick! While you might feel nervous, you likely trust the magician (and his crew) to ensure that everything is safe. You do your part in the trick, and later learn that your participation led to permanent brain injuries! You’d expect that magic performer, his crew, or even the establishment itself to help cover the extent of your losses.
That’s exactly what Gavin Cox believed, but he’s been left to spend thousands of dollars in medical costs and other damages all on his own after a similar incident.
The original accident happened during a Las Vegas Strip show in 2013. Illusionist David Copperfield was performing when Gavin Cox was randomly chosen to participate in an illusion. According to Cox, he was led backstage where construction was ongoing and dust was present. This dust, according to Cox, led to a slip and fall that later was diagnosed as a TBI.
As the case went to trial, jury members were exposed to a video that highlighted the victim walking his dog with ease despite claiming that he couldn’t walk without assistance. As a result, he did not receive monetary damages.
He later appealed the decision, but in 2022, the Nevada Supreme Court upheld the jury’s decision.
How Liability is Determined After Accidents in Nevada
Are you wondering how liability is usually determined in situations like this? To establish liability, one party needs to prove the other party was negligent. Negligence, by law, has four basic elements including:
- A duty to provide for the care of the other party
- A breach of that duty of care
- The breach of duty to provide for the care of the other party results in an accident
- The accident led to specific injuries
The burden of proving these elements rests with the injured party. If you’ve been involved in a personal injury accident, a good lawyer can help you establish and prove each of these elements.
Are You Looking for a Personal Injury Attorney in Las Vegas?
When you’re facing a personal injury or wrongful death situation, it’s natural to assume the responsible party will step up to the plate and provide you with the fair compensation you deserve. The sad news is that reality is rarely so idealistic. In most situations, the responsible party will push back against your claims. They may even deny liability entirely!
For that reason, you need to hire the best possible personal injury lawyer you can.
Are you currently looking for a personal injury attorney in the Las Vegas area? If so, then we have great news. Here at LV Personal Injury Lawyers, we have extensive experience successfully getting compensation and justice for injured citizens who have been involved in personal injury situations.
Contact our office now to discuss your situation in-depth with one of our attorneys.