INJURIES AT SHOPPING MALLS

The Duties of Shopping Malls to Guests

Injuries at shopping malls. Owners of Shopping malls owe a responsibility or a duty to their guests to maintain their malls and keep the premises safe for all of their customers. This duty extends to all persons who may be at the mall. It does not matter if you buy anything from any of the retail outlets, you are still owed the duty. Shopping mall owners are required to keep entrances and exits clear from any unreasonable hazards and the must also repair any dangers that exists on their property. If the Shopping mall fails to keep their property safe, they might be liable for any injuries caused by their failure to maintain the property. There are numerous ways a shopping mall can breach this duty to maintain the premises in a safe condition. Some examples include failing to repair leaking roofs and allowing water on the tile floors to become a slip hazard, failing to repair faulty escalators that cause injury, failing to replace cracked or broken tile causing a trip injury etc.

What is a Shopping Mall?

Most people think of a “Shopping Mall” as a large indoor shopping center with large stores, small shops and a food court like the Galleria Mall, The Fashion Show Mall, The Meadows Mall or the Summerlin Mall here in Clark County. However, for purposes of this article and for civil liability for injuries, A shopping mall aka Mall is a general term for a large indoor or outdoor shopping center. Therefore, this article is applicable to shopping centers like Towne Square, The District and all shopping locations where multiple stores or shops are located in one area. The term “mall“ refers to a “pedestrian promenade with shops along the walkways.

Is the Mall or the Store liable for my Injury?

The location where you are injured in the mall will determine who is liable for your injuries. The mall owners are not responsible for each and every injury that happens inside the mall. Sometimes the independent store owners may be held responsible if the hazardous condition or cause of the injury occurred inside an independent store. If your injury occurs inside one of the shops in the mall, that store owner is the entity or person that will be liable for your damages most of the time. However, of course, nothing in law is ever quit that simple. For example, if it was a leaking roof that caused a wet surface that caused you to fall inside a store, it can be the mall owners who are liable for creating the hazardous condition and the store responsibility for failing to clean up the area or warn customers of the hazard.

As a general matter, the mall owners are responsible for maintaining common areas including the entrances and exits, common walking areas in the mall, and parking lots. If your injury occurs in one of those areas, the mall owner is most likely responsible for the injuries you sustain. If you are inside a store when you sustain injury, it may be only the store owner who is liable. It is important to point out here the importance of collecting the proper evidence at the scene of the accident at the time it happens to determine who is liable for your injury. If you are injured in a shopping mall, take photographs of the hazard that caused your injury, and be sure to take the following steps while you are at the scene:

Take Photographs of the entire scene near and around where the injury occurred;
Request any and all surveillance footage from the manager, and if you give a written statement, be sure to put this request in that statement;
Obtain all eyewitness contact information yourself, do not rely on the store to obtain this information;
Make a report to the manager at the scene and request a copy of the accident report while you are at the scene.

In addition to the information you collect at the scene, the lease signed buy a store owner might also determine what party is responsible for your injuries. An example of this is a lease may establish which party is responsible for maintaining the entrance to the store. Collecting evidence at the scene is of critical importance.

Liability of the Mall Owner to Victims of Crime on the Premise

It is a sad reality that crime happens in all places, including shopping malls. In order for a mall owner to be civilly liable for injuries you sustain as the result of a violent crime happening to you at the mall, it will be necessary to prove that the mall owner failed to “exercise reasonable care or take reasonable precautions to protect potential victims of crime.” An example of this is having adequate security on the premises during all open business hours to deter such violent acts. However, “reasonable precautions” does not mean that a shopping mall owner must absolutely prevent any violent crime from occurring on the property. It simply means that they must take reasonable precautions.

If you are the victim of a violent crime at a shopping mall, it will be necessary to prove that the crime committed against you was both “foreseeable and that the owner of the mall did not take reasonable precautions to protect customers from the foreseeable threat.” If you are the victim of a violent crime at a shopping mall, call our office at TheOneLawyer.com as soon as possible for a free consultation to discuss your injuries and the possible liability for your personal injuries sustained at the shopping mall.

Making a Claim Against a Shopping Mall

If you have been injured at a shopping mall, call us at TheOneLawyer.com for a free consultation to discuss the personal injuries you sustained at the shopping mall. An attorney can gather and evaluate evidence. In addition, an attorney will be able to file a complaint and be able to request documents, subpoena maintenance records, interview witnesses, and conduct depositions to preserve witness testimony

At the law offices of TheOneLawyer.com, we will also locate possible claims against other parties, depending on the nature of the injury. Examples of third-party liability include the manufacturer of a faulty escalator, elevator, or the security company hired to provide security. In addition, there may be ADA issues for handicap guests, or liability by a local government agency for failure to thoroughly inspect the premises or failing to assure that the building was up to code.

Getting a Lawyer to Fight for You

You may look for a personal injury attorney who has the experience handling claims against shopping malls for severe injuries. There are lawyers who fight against large commercial venues like shopping malls, retails stores, hotels and all commercial business who may negligently cause injuries to their guests.

WHY I AM GRATEFULL 2022: On this Sunday morning I will be volunteering at Young Men’s Service League (YMSL) with my son to discuss career options and my topic, of course, law school and becoming an attorney. I am great full for the chance to volunteer in our community with my son and answer the boys’ questions about law school and the practice of law. This is a great organization I will have the privilege of volunteering in with my three sons for a decade. It is a great community organization to provide much needed service to many local charities. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful.

We fight hard with this companies for our clients every day and we are grateful you have chosen TheOneLawyer.com to fight your you and your family after a car accident and help you recover for the injuries sustained in that car accident. At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne, 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 to which they are entitled. 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 TheOneLawyer.com, Laura Payne, Esq. 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 702-450-4868 and text 24/7 at 702-600-0032.

CLAIMS AGAINST HOME DEPOT FOR INJURIES

Home Depot is a large chain home improvement store with over 2,000 stores nationwide and over 20 stores in Nevada. Home Depot sells home improvement and construction materials for residential customers and commercial builders. I cannot imagine that you have not been to a Home Depot store at some point in your life to pick up a tool, light switch cover, paint or any of the literally thousands of products available to make our homes and lives more comfortable and beautiful. When I was younger, I would wander the mall after work in search of the perfect weekend outfit, sipping a giant overpriced lemonade. Now, I wander the aisles of Home Depot endlessly sipping an overpriced coffee searching for the perfect shelves to organize my pantry LOL. It is a great store when it comes to price and selection for home improvement. The typical Home Depot store is usually bustling with activity, especially as an “essential business” during the pandemic. Thus, it comes as no surprise that Home Depot faces a sizable number of lawsuits by customers injured because of the negligence of employees or the sale of defective products that cause injury. All retail businesses have an obligation to maintain their premises in a “reasonably safe condition and have a duty to warn consumers of any potential dangers or hazards.” This is why you see little yellow or orange cones around a wet or broken area in a store on occasion, to warn shoppers.

Because slip and fall accidents happen at Home Depot, like most retailers, they are frequently the defendant in premises liability lawsuits. Home Depot is a great company that takes great care in protecting its guests. However, like in most large retail companies, there are a lot of employees working every day and mistakes happen.

Having worked for a large insurance company for many years, and having handled many claims against large retailers, it is my experience that while large companies will rightfully fight against frivolous claims, they will also pay a reasonable value on legitimate claims that are properly brought against them when the evidence establishes their liability. That is why it is critical to take the proper steps at the scene to preserve your claim and call us at TheOnewlawyer.com for your personal injury claim against Home Depot.

Types of Claims Against Home Depot

There are many distinct types of personal injuries that result for an accident on the premises of Home Depot or from a product sold. The most common injury accident that we have seen result from slip and fall accidents on the premises, claims involving excessive force from Home Depot security, and Defective products such as Defective Husky/Tri-Cam ladders, One World Technologies/Ryobi Technologies/Ridgid table saws and other defective products.

Past Successful Injury Claims Against Home Depot

The following are synopses of some personal injury settlements and jury verdicts against Home Depot nationwide. These are only examples of real cases. Every claim is unique, and the facts need to be established and investigated immediately following the injury.

Jury Verdict in Tennessee 2012 for $809,241; In this case, Home Depot driver veered across the center line on the road and struck the Plaintiff head-on. Plaintiffs sustained a serious neck injury that required surgery. Plaintiff incurs $ 36,241 in medical bills. Home Depot’s settlement offer pretrial was $200,000.
Jury Verdict in New Jersey 2011 for $975,000 ; 44-year-old in New Jersey was in Home Depot parking lot and was waiting near his vehicle for a propane tank delivery. Unfortunately, wind dislodged a stocked cart causing it to roll down a hill and strike the Plaintiff. The Plaintiff sustained a back injury including a partial vertebral fracture requiring surgery. According to Bob Bratt he filed suit against Home Depot and the owner of the cart, claiming that the owner of the cart should have secured it safely, and that Home Depot was negligent by allowing carts to parked. The jury found Home Depot 80% responsible and the cart owner of the cart 20% responsible.
Settlement in Boston, Massachusetts for $425,000; 2012: Plaintiff was a welder going down a ladder while on a jobsite. As he descended the ladder, one of the ladder’s top rungs detached from the side rails causing him to fall. The plaintiff sustained a rotator cuff shoulder injury that required two surgeries. Plaintiff filed suit against the ladder’s manufacturer, Tricam, and Home Depot where the ladder was purchased.
Jury Verdict in Oregon. 2017: $4,527,799: Plaintiff filed a lawsuit against ladder manufacturer Tricam and Home Depot for injuries resulting from a fall due to a defective ladder. The jury found Tricam/Home Depot 70% responsible for the harm that was caused and 30% was attributed to the Plaintiff. The verdict was later reduced by the trial judge to $1.9 million.
Settlement in California 2017: $101,000. A female child sustained permanent scarring after a display cabinet fell down on top of her when she opened the cabinet doors.
Jury Verdict in New Jersey 2011: $159,125.: This case involved a 57-year-old electrical contractor who was walking near the entrance of a Home Depot store and fell on a patch of ice. He sustained a torn quadricep which required surgery. Home Depot claimed the area of the fall was inspected two hours before plaintiff’s fall. Home Depot argued that they did not have sufficient notice of the condition. The jury did not agree with Home Depot.

Jury Verdict: $624,472.45 California 2013 Plaintiff was a 27-year-old correctional officer who sustained injury at a California Home Depo when a palm tree for sale fell and struck her left shoulder. Plaintiff filed suit against Home Depot claiming failure to properly maintain the tree resulting in a dangerous condition. Home Depot raised the defense the tree only grazed Plaintiff, and that she did not fall to the ground.

Identity Theft Class Action Lawsuit

In addition to person injury lawsuits, a class action lawsuit has been filed against Home Depot following a serious data breach that exposed the credit card information for millions of customers. This case has been filed in federal court in Illinois and alleges that Home Depot failed to protect its customers’ personal data.

Who Can Sue Home Depot?

If you are a Home Depot shopper who has been injured in a Home Depot, you can sue Home Depot for your injuries. Employees of Home Depot can sue the company for such things as sexual harassment. However, employees of Home Depot injured on the job, are usually limited to a workers’ compensation claim, but there can be exceptions.

Getting a Lawyer to Fight Home Depot

TheOneLawyer.com is handling person injury cases against Home Depot. At TheOneLawyer.com we take serious injury and wrongful death cases retail businesses like Home Depot. If you or a loved one has been injured as the result of the negligence of Home Depot or by a defective product purchased at Home Depot, call us today at 702-450-4868 to speak directly to Laura Payne, Esq. for a free consultation.

WHY I AM GRATEFULL 2022: Today I found out a colleague I have worked with for many years is leaving for an amazing opportunity. I am sad and stressed about their departure, but I am going to choose to be grateful for the years I have gotten to work with him and the journey to find a replacement who will bring innovative ideas to our firm. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. Accepting change, especially the change we do not want, with a positive outlook is part of being grateful. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful.

We fight hard for our clients every day and we are grateful you have chosen TheOneLawyer.com to fight for you and your family after a car accident and help you recover for the injuries sustained in that car accident. At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne, 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.

CLAIMS AGAINST WALGREENS

TheOneLawyer.com handles claims against Walgreens whether we go to trial or settle out of court. With our years of experience handling personal injury claims against large corporations, we have the knowledge and skill to prepare every case to go to trial from the very beginning and large companies know this from our reputation. If you or a loved one was injured at Walgreens or because of their negligence, this blog will help you to understand how to make a claim for personal injuries against a large company like Walgreens. There are many large retail chains in the United States where customers sustain personal injuries as a result of their negligence every year. As of August of 2020, there were 83 Walgreens stores in Nevada alone with hundreds more around the nation.

Walgreens is similar to most other retail pharmacies in that the maintain a retail store that sells a variety of merchandise, and they also operate a pharmacy to fill prescription medication. Like most retail chains, a large number of injuries accidents occur on their premises or as a result of the negligence of their employees, often by filling prescriptions incorrectly and causing personal injuries as a result of the negligence.

Actions against Walgreens for Accidents in their Stores

Many of the cases against Walgreens for personal injuries involve slip an falls, or what we refer to in the law as “premises liability lawsuits.” If you or a loved one is injured by a dangerous or hazardous condition, such as a wet floor, something falling on you or some other trip hazard at a Walgreens location, call an experienced attorney at TheOneLawyer.com to immediately preserve the evidence regarding your claim.

Walgreens is not the only retailer whose negligence sometimes causes personal injuries to customers. Other retail stores like Walmart, Target, CVS, Rite Aid, Home Depot, etc. are often culpable for creating negligent conditions that cause injury as well. However, this blog will address claims for personal injuries against Walgreens and many of our blogs this year will address claims against other retailers. In these cases, it is critical to prove the company did something wrong (aka was negligent) to cause the personal injury to their customer. Contrary to a common belief, a store is not liable for damages just because a guest is injured on the property. You must prove they were negligent, and in Nevada, this can be very tricky without an attorney.

Although most large companies like Walgreens take great care to ensure the safety of their customers, employees, including pharmacists do make mistakes that cause personal injuries to their customers and guests. Walgreens is frequently sued for personal injuries, and you can be assured that they have teams of sophisticated and experiences defense lawyers to fight your claim. That is why you need the experience of TheOneLawyer.com on your side to fight a large company if you sustain a personal injury on their property or as a result of their negligence. Attorney Laura Payne, Esq. spent almost a decade representing a large corporation defending personal injury claims and you need the benefit of that experience to fight the large companies when you are injured as a result of their negligence. gets sued a lot because of its sheer size. Great hospitals make mistakes.

There are most commonly two main types of lawsuits against Walgreens. Since they operate retail stores and received a high volume of customers shopping, many cases involve slip and falls and other injuries that occur at the store. Walgreens is a pharmacy that fills millions of hundreds of prescriptions every day and mistakes are sometimes made in this part of the business that cause personal injuries.

Violation of NRS CHAPTER 639 – PHARMACISTS AND PHARMACY by Walgreens and Medication Error Lawsuits

Mistakes are a part of life and in Nevada, there is a substantial body of law that governs pharmacies in Nevada to help prevent such mistakes that is found at at CHAPTER 639 – PHARMACISTS AND PHARMACY. This act governs Malpractice claims against pharmacies that generally fall into two categories which include dispensing drug errors and harmful drug interactions. Dispensing errors actually happen more often than you believe by high-volume pharmacies like Walgreens. The good news is that in most cases these errors cause little if any harm. However, dispensing errors of giving the wrong medication or the wrong dose and sometimes cause substantial injury or even death resulting in a wrongful death claim.

Settlements and Verdicts Against Walgreens For Personal Injuries

Listed below are just a small sampling of the claims for personal injuries against Walgreens that resulted in jury verdicts or settlements. These cases include both premises liability and pharmacy liability claims. In is important to note that for all of the claims for personal injuries brought against Walgreens, very few go to trial.

In the case of Warren v. Walgreens (Arizona 2007): A Walgreens pharmacist filled a prescription for the deceased plaintiff for tramadol which resulted in a $6 million verdict. On the day following the filling of the tramadol prescription to the deceased plaintiff for methadone. Even though a computer warning of drug interactions popped up, the pharmacist changed the dose from 5 mg to 10 mg. The pharmacist did not obtain authorization from the prescribing doctor or warn the descendant against combining these drugs. The deceased plaintiff tragically died as a result of combine medications. His wife filed a wrongful death action against Walgreens alleging that her husband died as a result of the Walgreens pharmacist failing to warn him of drug interactions. She further claimed that the pharmacist was negligent in dispensing the prescription and in an excessive amount. The case went to trial where the jury found for the plaintiff and awarded a total verdict in the amount of $6 million.
Rossab v. Walgreens (California 2013) $12.5 million: In this case the plaintiff was seated on bench in front of a Walgreens store when a driver in the parking lot makes a parking error while attempting to park their car and drives over the curb and hits him. As a result, the plaintiff suffers traumatic injuries including an anoxic brain injury that leaves him in a persistent semi-vegetative state. This lawsuit is brought on his behalf against Walgreens alleging they were negligent in maintaining their premises in a dangerous and defective condition by installing the bench in front of moving vehicles without providing any reasonable means of protection. Specifically, Walgreens failed to follow its own policy of installing pipe bollards between a bench and parking spot. Walgreens denied any liability but agreed to settle the plaintiff’s premises liability claims for $12.5 million.
Cusack v. Walgreens (Wisconsin 2019) $300,000: A delivery driver made a delivery at a Walgreens, and he was struck by a falling stack of tote bags. He fell to the ground and hit his head on his delivery truck’s steel frame. The man injured his head, neck, and right shoulder. He alleged that the Walgreens employee’s negligence caused these injuries. They claimed they allowed the stack of tote bags to fall. He settled against Walgreens for $300,000.
T.S., Pro Ami v. Walgreens (Colorado 2019) $100,500: A 2-year-old boy was prescribed Levothyroxine. The Walgreens pharmacist dispensed Levothryxoine pills that were three-times stronger than the prescribed dose. The boy suffered an overdose. His side effects lasted over a 6-week spam. The jury awarded the family $100,500.
Morales v. Walgreens (Florida 2018) $87,735: A 62-year-old man slipped and fell on a small nail polish puddle at Walgreens. He suffered permanent left shoulder injuries, including a rotator cuff tear and underwent surgery. He alleged that Walgreen’s negligence in not cleaning up the spill caused his injuries. Walgreens lawyers argued comparative negligence. A jury found each party 50 percent liable and awarded $87,735.
Jauregui v. Walgreens (California 2017) $104,800: A woman slipped and fell on a water puddle at Walgreens and suffered neck and back injuries. She claimed Walgreens employees failed to maintain the premises in a safe condition and Walgreens denied liability. A jury awarded the woman $104,800.
King v. Walgreens (New Jersey 2008) $1,075,000 million: A 36-year-old man who is a car dealer slipped and fell on ice outside of a Walgreens store. As a result of the fall, he sustained an ankle fracture and a hip injury. He underwent surgery for his injury, but still suffered chronic pain that caused him to lose his job. The ice in the parking lot was due to snow on the store’s roof draining down into the parking lot and then freezing over. It was determined during discovery that the store had actually received complaints of this problem in writing but failed to fix the issue of this water draining into the parking lot. A lawsuit against Walgreens was filed and Walgreens agreed to settle his claim for $1,075,000 million.

When fighting companies like Walgreens, filing a claim with the Walgreen claims department yourself is extremely unlikely to yield results, even when a severe injury results. Large corporations like Walgreens are worth billions and but will still fight hard against injury claims even if liability is clear. However, retaining the experience of TheOneLawyer.com is the best way to preserve your claims. If they know they have liability and you have an attorney to go to court against them, they will often pay large settlements for serious injuries sustained by people that are a result of their negligence.

WHY I AM GRATEFULL 2022: . I am grateful for the time I am lucky enough to send with my sons. Life is constantly moving forward, and I am grateful to take to play baseball at the park or watch a movie with them. I never take my time with them for granted. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne, 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.

THE TIME IS ALWAYS RIGHT TO DO WHAT IS RIGHT.

THE TIME IS ALWAYS RIGHT

TO DO WHAT IS RIGHT.

Martin Luther King, Jr.

Oberlin College 1964

This is one of many of my favorite quotes the Martin Luther Kings and I think a great summary of his legacy in the law. Although my blogs generally regard topics that we help clients with every day, I feel that at the time of the Holiday of his birth, it is important to take this week to remember his words that ring so real over fifty years later. Perhaps the most significant of Martin Luther King, Jr.’s influences on American history were his remarks on the connection of the law and social justice.

Laws Can be a Block to Racial Justice

A large part of the civil rights movement was a battle against laws as they existed at the time. There were racially discriminatory laws in place that allowed segregationists the grounds on which to attack civil rights activism. In fact, police in Southern states arrested civil rights protesters which included, on several occasions, Martin Luther King himself for violating criminal code provisions. These laws included trespassing, disturbing the peace, marching without a permit, violating picketing laws, engaging in criminal defamation and criminal conspiracy. In fact, the NAACP was actually prosecuted in for refusing to disclose its membership rolls as was required by state law at the time. Not only was the law drastically against the Civil Rights movement at the time, but multiple states in the south also brought actions against civil rights attorneys for legal ethics violations as retaliation and to instill fear in those attorneys willing to fight to change the law as it stood at that time. In addition to legal ethics complaints, the city of Montgomery, Alabama used minor traffic ordinance violations as a way to stop the carpools used during the Montgomery Bus Boycotts. The state of Alabama went as far as to prosecute Marin Luther King on charges of tax evasion.

The Can Be Applied Unfairly

Although Martin Luther King, Jr. was an advocate of peace and justice, it was necessary break laws that were in place at the time to effectuate social justice. In fact, even some laws that, upon their wording said nothing about race, were clearly being used against the civil right protesters. State leaders were segregationists who defied the implantation of the Supreme Court’s decision in Brown vs. Board of Education and other federal civil rights requirements. In his famous “Letter from Birmingham Jail” (found at the following link:

https://www.csuchico.edu/iege/_assets/documents/susi-letter-from-birmingham-jail.pdf )

he confronted this question in 1963 , where he set apart just and unjust laws. “A just law,” he wrote, “is a man-made code that squares with the moral law, or the law of God. An unjust law is a code that is out of harmony with the moral law.” Since segregation laws fall in the latter category, “I can urge men to obey the 1954 decision of the Supreme Court because it is morally right, and I can urge them to disobey segregation ordinances because they are morally wrong.”

The Supreme Court can be Political

Martin Luther King addressed the more difficult situation where a law that “is just on its face and unjust in its application.” It was this situation that resulted in his arrest and arrival at his Birmingham jail cell. He was arrested for “parading without a permit.” “Now, there is nothing wrong with an ordinance which requires a permit for a parade,” he explained, “but when the ordinance is used to preserve segregation and to deny citizens the First Amendment privilege of peaceful assembly and peaceful protest, then it becomes unjust.”

In this particular case, King was correct and supported in the court of public opinion and the constitution as we read it today, but he lost in the highest court of the nation. The Supreme Court of the United States heard the appeal of the conviction of civil rights protesters for violating a state court injunction ordering them to refrain from demonstrating, the Court ruled 5-4 against the civil rights protesters in Walker vs. City of Birmingham , 388 U.S. 307 (1967) https://www.oyez.org/cases/1966/249. Although he had multiple victories in the Supreme Court, but this case was one of a few of exceptions. Justice Stewart, writing for the Court, reprimanded the protesters in Walker v. Birmingham: and stated: “This Court cannot hold that the petitioners were constitutionally free to ignore all the procedures of the law and carry their battle to the streets. One may sympathize with the petitioners’ impatient commitment to their cause. But respect for judicial process is a small price to pay for the civilizing hand of law, which alone can give abiding meaning to constitutional freedom.”

The Continued Fight Against Unjust Enforcement of Laws

What strikes me in this is how the Supreme Court can sometimes ignore how the implementation of a law can violate the rights guaranteed by other laws. This is a practice that continues to plague our system of justice to this day. In fact, it is clear and apparent from the current Supreme Court and the recent very political appointments made to the Court. For King, enforcement of unjust laws and the courts that supported the practice were hurdles in the cause of racial justice. These enforcement of law in an unjust manner continues in our justice system over fifty years later. In some recent decisions, the court has made controversial rulings in some of the most politically and socially charged areas of the law. Here are a few examples:

City of Tahlequah, Oklahoma v. Bond (Per Curiam Opinion on October 18, 2021)

In this case, the Court summarily (without argument) reversed the Tenth Circuit Court of Appeals. The Supreme Court held that the conduct by the police officers did not violate any clearly established violation of statutory or constitutional rights, and thus, they are entitled to qualified immunity

United States v. Cooley, (9-0 Opinion by Justice Breyer on June 1, 2021. Justice Alito filed a concurring opinion.)

In this case, the Court vacated and remanded the decision of the Court of Appeals for the Ninth Circuit. The Court ruled that a tribal police officer has authority to detain temporarily and to search a non-Indian traveling on a public right-of-way running through a reservation for potential violations of state or federal law.

Nasrallah v. Barr, (7-2 Opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, Kagan and Gorsuch on June 1, 2020. Justice Thomas, joined by Justice Alito, filed a dissenting opinion.)

In this case, The Court reversed the Eleventh Circuit Court of Appeals. The Court held that courts can review an immigrant’s factual challenge to a denial of their application to stay conviction-based deportation under the Convention Against Torture.

For a full up to date list of recent decision by the Supreme Court Refer to the ABA website: https://www.americanbar.org/groups/criminal_justice/resources/case_updates/

WHY I AM GRATEFULL 2022: I am grateful for this hot and delicious latte from the fancy Keurig that my son talked me into buying on this quiet and peaceful Sunday morning as I write this blog and reflect on this amazing human being who changed our county so profoundly. Thank you, Dr. King, for your passion, your determination and your brilliance. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful.

INJURIES AT WALMART

If you or a loved one has been injured at a Walmart store, whether at the Supercenters or the grocery stores, call or text our experienced team at TheOneLawyer.com for your personal injury claim against Walmart. This blog is about personal injury lawsuits against Walmart stores. I will examine past settlement compensation payouts in Walmart personal injury cases and the process you will go through when you have been injured at a Walmart store.

Walmart was the world’s largest company with retail revenues reaching 523.96 billion U.S. in 2019. ( https://www.statista.com/statistics/266595/leading-retailers-worldwide-based-on-revenue/) As the largest non-governmental employer, It is not surprising that it is the most frequently sued private personal injury claim defendant in the United States. Walmart gets sued approximately 20 times a day, which is nearly 5,000 lawsuits filed every year against Walmart. Although many of these are suits brought by employees for various employment discrimination and wage and hour claims, many are also for personal injuries sustained by customers.

CAN I SUE WALMART IF I AM INJURED AT A STORE OR BY A WORKING DRIVER

The answer to this question is yes but you need to be prepared and collect the correct evidence. It is best to obtain a lawyer from the very beginning. Walmart will not be on your side and will not make extensive efforts to preserve all evidence. Your best path is to hire the best lawyer that you can. Walmart is a large company and there are some aspects about suing Walmart and litigating with this company in court that are different from dealing with other defendants. It has been my experience that Walmart handles injury claims in an aggressive manner. Let’s face it, almost all of us have shopped at a Walmart store. Just the sheer numbers of customers and number of stores makes it clear that accidents will happened and in larger numbers compared to most other retailers.

TheOneLawyer.com has the experienced and compassionate attorneys you need to help you get the treatment you need for your personal injuries and fight the giant of Walmart for the compensation you deserve. Our law firm handles severe injury and wrongful death personal injury cases against Walmart and has been successful in obtaining substantial compensation for our client. Like many companies, Walmart often demands that such settlements be confidential and therefore cannot be shared. However, a jury verdict is a public record, and his article is about personal injury aka tort claims against Walmart the dollar value of those claims. The most common claims are slip and fall or other premises liability cases, truck accidents, falling objects, negligent security, or pharmacy mistake cases.

The following are summaries of some winning jury verdicts. Please note that as mentioned, these do not include settlements as any large settlement against Walmart will have a strict confidentiality clause include with the settlement.

West Virginia February 2019: $16,900,000 Verdict: Plaintiff/ victim, a 52-year-old mother and grandmother who was visiting her local Walmart with her granddaughter in the shopping cart. Unrelated to them, the store security had detained a shoplifter near the rear of the store. The shoplifter then attempted to evade security and while he was fleeing ran the Plaintiff/ victim over on his way out knocking her over and the shopping cart with her granddaughter. The cart fell on top of her, and she suffered major abdominal injuries. Her injuries were so severe that she underwent numerous surgeries, over 20 hospitalizations, and was left permanently dependent on a feeding tube. Plaintiff/ victim hired a personal injury lawyer who filed suit against Walmart, claiming that its security staff was negligent in attempting to detain the shoplifter who had run from them on previous occasions. Walmart denied any wrongdoing and tried to place the blame on the shoplifter.

Ohio July 2019: $81,500 Verdict: A 51-year-old woman was shopping when a pallet jack/pallet being pushed down the same aisle by a Walmart employee struck her cart. This caused her to fall backward as she was pushing a shopping cart. The Plaintiff/Victim alleged she suffered disc herniations with chronic radiculopathy; a partially torn rotator cuff; and other soft tissue injuries. Walmart admitted liability but disputed the alleged injuries were a result of the fall. A jury awarded the Plaintiff/ victim $81,500 in damages.

Florida January 2020: $572,988 Verdict: The Plaintiff/ victim slipped and fell on an unknown substance in a Walmart grocery aisle in Florida and she sustained permanent injuries. The Plaintiff/ victim claimed the company failed to maintain safe conditions. Walmart denied liability and claimed that the woman’s own negligence caused her injuries. The jury found the store 100 percent liable and awarded the woman a $572,988 in damages.

Texas March 2013: $199,112 Verdict: A 42-year-old clerical worker slipped and fell while walking in the meat department of her local Walmart in El Paso. She was taken from the store by ambulance to an emergency room where she was treated for disc herniations and bulges as well as a sprained right ankle, an annular tear, and a torn ligament in her right knee. Her Walmart lawsuit claimed the employees had washed the concrete floor with a mechanical scrubber that had been excessively filled with soap and used an incorrect mop. Plaintiff/ victim also claimed that Walmart failed to warn customers by placing wet floor signs in the area. Walmart denied liability, claiming the floor had fully dried at the time the Plaintiff/ victim slipped and fell and sustained personal injuries at Walmart. The lawyers for Walmart also argued the Plaintiff/ victim’s disc injuries were pre-existing conditions and did not happen as the result of her fall. A jury found Walmart liable for Plaintiff/ victim’s injuries and awarded $199,112 in damages.

Colorado June 2019: $583,040 Verdict: Plaintiff/ victim’s was a man on crutches who requested an electric cart. As he sat in the cart, the back support of the cart collapsed, and he fall backward. The plaintiff/ victim’s suffered soft-tissue spinal injuries. He claimed that Walmart should have known of the defective carts and was negligent for providing the defective cart for customers. Again, Walmart denied responsibility and argued that the man’s injury was pre-existing before he had the accident at Walmart. The jury found Walmart 75 percent liable and the man 25 percent responsible and they awarded $583,040 in damages.

Washington June 2019: $325,000 Settlement: This case is an exception to the general rule that settlements against Walmart do not get reported. In a Washington injury accident case, a 70-year-old male Plaintiff/ victim slipped and fell on water leaking from a mini-refrigerator at his local Walmart. As a result of the slip and fall, he sustained a broken leg and ankle fractures that required several surgeries. The Plaintiff/ victim alleged that the mini refrigerator had been leaking for several hours and that Walmart failed to clean up the water. The claim was settled for $325,000. It is our experience that when damages are clear and not exaggerated like in this case, Walmart is more likely to settle the case

These are only a few the many jury verdicts render against Walmart all over the country. At TheOneLawyer.com, we have the experience in fighting large companies to recover damages for injuries sustained by our clients.

The Walmart Claim Handling

Walmart fights hard in the investigation of injury claims. However, if liability can be proven for a severe injury, Walmart will pay for their mistake and settle the claim. If you are injured in a Walmart store, hire an attorney immediately. Take Photographs of the hazard that your injury, be sure to take the following steps while you are at the scene:

Take Photographs of the entire scene near and around where the injury occurred;
Request any and all surveillance footage from the manager, and if you give a written statement, be sure to put this request in that statement;
Obtain all eyewitness contact information yourself, do not rely on the store to obtain this information;
Request a copy of the accident report while you are at the scene.

Getting a Lawyer to Fight for You

At TheOneLawyer.com, we handle claims against Walmart for severe injury and wrongful death personal injury claims. At TheOneLawyer.com we are lawyers who fight against Walmart for the personal injuries of our clients sustained at Walmart stores. If you have been injured or a loved one has been injured at Walmart, call us for a free consultation.

WHY I AM GRATEFULL 2022: I am grateful for my amazing staff and colleagues at TheOneLawyer.com who make my job easier and provide amazing service to our clients every day of the year. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful.

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Payne, Esq. 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 702-450-4868 and text 24/7 at 702-600-0032.

CLAIMS FOR INJURY AGAINST A LARGE COMPANY

All big retailers have a legal responsibility to ensure the safety of their premises for their customers and vendors. However, employees and supervisors are not always as diligent as they should be in maintaining safe stores. When the premises are not kept in a safe condition, customer injuries that could have been prevented can happen, and these include injuries from slip and falls, falling objects, negligent collisions with customers and store equipment, and other accident injuries. If you believe you have been injured in a store or other retail settings, you may want to hire a personal injury lawyer to handle your personal injury claim against a large retailer today. Do not go it alone. Large retailers are sophisticated in overseeing these claims and we are too. We have done battle with large retailers and won for our clients many times over the past two decades. Let the experience of TheOneLawyer.com recover the most money possible for your personal injury claims against a large retailer. At the scene, call us and follow the following steps to preserve your claim:

Report the Accident To Management at the Store

Report the accident to a manager or employee immediately. Locate a store employee and describe what happened in detail. It would be helpful to make a voice recording at the scene for your attorney describing what happened in as much detail as possible. Be specific regarding the facts when telling the manager or employee what happened. If the employee prepares an accident report, request a copy for your own records. Be sure to ask the manager if there is an in-store or parking lot surveillance camera that might have recorded your accident and demand that the footage be preserved. If possible, video yourself making this request to the store employee or manager. Try to get an email address for store claims at the scene. If you are able to obtain one, go home and send an email, and copy yourself, demanding they “preserve all evidence, including all video evidence” before the security system deletes the footage. Many retailers automatically tape over old footage every 24 hours, so do this immediately. It is best to call us at TheOneLawyer.com 702-450-4868 to retain our experience to handle your claim immediately for the personal injuries you sustained in an accident at a large retail location.

Collect Information By Taking Photos and the Names and Phone Numbers of Witnesses

While you are still at the store, restaurant or other commercial location, it is important for you to collect evidence that will be critical to preserve your personal injury claim. It is important to do this while you are still at the scene before an employee has the chance to clean up or remove the hazard that caused your injury. Do your best to collect the following evidence before leaving the scene of the accident:

Take Photographs of the hazard that your injury;
Take Photographs of the entire scene near and around where the injury occurred;
Request any and all surveillance footage from the manager, and if you give a written statement, be sure to put this request in that statement;
Obtain all eyewitness contact information yourself, do not rely on the store to obtain this information;
Request a copy of the accident report while you are at the scene.

It is also important for you to keep the clothes and shoes you were wearing at the time of your accident. These items may be critical evidence to defend the store’s causation as a later time and may contain direct evidence, such as residue from a recently waxed floor. If you are too injured to collect evidence yourself, ask your companion to do these things. At the very least, be sure to use your phone and snap dozens of photos of the scene, the hazard, the employees, and the witnesses.

SEEK MEDICAL CARE as Soon as Possible

Take photos of any cuts, bruises or swelling that you sustained and seek medical care immediately. If you have severe pain or a severe injury, advise the store to request an ambulance to pick you up from the scene. If you leave the store on your own, go to a doctor or hospital as soon as possible to obtain treatment for the personal injuries that you sustained in your accident at a commercial retailer like Walmart, Target, Costco, Home Depot, Amusement park or any other commercial location. It is important to know that you may have injuries with delayed symptoms, such as a muscle tear or a head injury. It is important to see a doctor without delay and report all symptoms and injuries, even if you believe they are not significant at the time such as anxiety, confusion, soreness, etc.

Make a Note In your Phone Regarding the Facts

In your phone, make a “note” that starts “to my Attorney” and list the details you recall at that time when it is fresh in your memory. If you start this note for your attorney at TheOneLawyer.com and call us immediately, this statement will likely be considered a privileged statement to your counsel. In your note, describe the incident in detail while the memory of it is still fresh in your mind. Include the exact date and time that your fall happened, the location of the business, the hazard that caused your injury, the names and phones numbers of anyone (including witnesses and employees) you spoke to about the accident, and the pain you are having since the accident.

Consult With an Attorney with Experience

Large Retailers will fight to provide the lowest financial recovery possible for an accident injury. Do fight them on your own. Contact an experienced personal injury lawyer to handle your commercial personal injury claim against a large corporation. Hiring an employment law attorney gives you the power and knowledge needed to procure a settlement or go to trial, if necessary, against a large company. A lawyer can manage every phase of your personal injury claim against a large company and allow you to focus on recovery.

WHY I AM GRATEFULL 2022: I am grateful for the crisp air and sunshine on this first beautiful workday of 2022. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful.

40 Simple Ways To Be Grateful Everyday

Ok readers, it’s time for the news year’s resolutions and yes, I always make them. But this year has brought profound stress and turmoil to all of our live and we are all desperate to put behind us. Through the profound changes we have all endured, we have been forced to look inside ourselves and find purpose and drive in this life. For 2022, I resolve to practice Gratitude daily. Indeed, I am putting my new year’s resolution in the public domain. Gratitude is such a potent emotion, one that can bring joy into your life and make your life more rewarding in many ways. There have been many days that watching the news and living in this new life has made us feel depressed or created feelings of doubt. After everything we have all been through in the past two years, I think we are all yearning for the daily feelings of happiness that hard work and kindness can bring back to our lives. When you are feeling grateful for the positives in your life, it is easier not to dwell on the stresses and better cope with those situations.

In fact, I resolve to keep a gratitude journal to record one thing I was grateful for every week of 2022. Every day just seems like a resolution that will be unrealistic to keep in a journal aka the notes in my iphone. However, I will do my best to take 30 seconds each day to recognize one thing that I am grateful for. I am grateful for so many things including my family, my clients, my dog, my home, my co-workers, my health, and each day there is always a reason to be grateful. Hopefully, I will be able to share many of them in my final blog of 2022 which seems so far away but will be here in a flash.

In a study by Emmons & McCullough . 2003, their research showed “there were a multitude of benefits from keeping a gratitude journal. A simple notebook where you write down daily what you are grateful for. The study showed that the people who kept a journal exercised more regularly, reported fewer physical symptoms, felt better about their lives as a whole, and were more optimistic. It also showed that people who kept the journal were more likely to make progress towards their goals.” “Overall, there was a greater sense of feeling connected to others, a, more optimistic view towards life and better sleep quality, relative to a control group.” https://emmons.faculty.ucdavis.edu/gratitude-and-well-being/

I hope you will follow with me in this journey for 2022, even if by simply reflecting on something you are grateful for each day. In addition, there are many resources on the internet if you choose a more formal process as well as many apps for your phone. For suggestions on keeping a gratitude journal, this article has some great ideas. https://www.lifehack.org/794635/gratitude-journal.

Here are 40 simple ways to make gratitude a part of everyday.

Keep a list of things you are grateful for in your phone;
Add to your list regularly;
Download one of the many gratitude apps;
Tell your co-workers or family how much you appreciate them;
Look at the beauty in nature around your area one morning;
Make time for your friendships;
Force a big smile for things that bring joy;
View inspiring videos of kindness;
Include an act of kindness in your day;
Avoid overwhelming negative media;
Call your family or friends;
Enjoy that cup of coffee;
Don’t speak badly about people for no reason;
Spend quality time with your family, even just a chat or a meal;
Compliment a random stranger for a nice outfit;
Send an email to someone you have not seen in a while and tell them something nice;
Make positive comments, not negative, on social media;
When you think a negative thought, turn to a positive;
If you find yourself complaining, think about how you can improve that issue;
Verbally acknowledge when someone does a good job;
Do something nice for someone;
Meditate with positive thoughts;
Live mindfully, check out this great resource to help;
Thank the people who help you at the bank, the store, etc.;
Thank your loved ones for the little things they do even when they leave dishes behind;
Hang pictures with positive quotes and images around your space;
Check on your elderly neighbor and see if they need anything you can do for then;
Call your family or friend or significant other and tell them you love them;
Embrace challenges of your day and see them as opportunities to grow;
Do not let the people you dislike bring a negative energy to your environment;
Be thankful when you discover something new;
See mistakes as a growth opportunity in your life a career to learn from going forward;
Help the people around you see the positive side to life;
When times are difficult, focus on resolution and not feeling doomed by the situation;
Take time to notice the needs of others and help if you are able;
Make gratitude a part of family life and share it with each other during the times you are together.
Practice gratitude every day so it becomes your mindset and not a chore;
Focus on your strengths every day and how they will help you problem solve;
Share your gratitude with family and friends and those around you;
Share gratitude with other by posting a tweet, Facebook post or Instagram;

It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and at this time next year, they will be listed. I hope that you will also have a long list by the end of 2022. I hope that by reflecting on gratitude, I will find the positive of everyday, even the days that are stressful at the court and adversarial with the insurance companies. We fight hard with this companies for our clients everyday and we are grateful you have chosen TheOneLawyer.com to fight your you and your family after a car accident and help you recover for the injuries sustained in that car accident.

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.

Things To Be Thankful For Today

Sometimes, it is easier to dwell on what we are missing , rather than what we have. During this Holiday with family, especially after the past year, take time out and remember all of the things to be thankful for instead of the things that cause us stress every day. Take time to reflect on the things that bring you joy to your life. I am grateful for so many this Thanksgiving. I urge my readers to make your own list of ten things you are grateful for. When we really focus on how many things each day make our life better, it brings a smile to your face. It fills your heart with joy instead of the stress and anxiety plaguing our days.

Here are thirty things I am grateful for this Thanksgiving, and I hope my list inspires you to choose gratitude this Holiday:

1. Children

I am more grateful than words can say watching my sons celebrate, laugh, and thrive each day.

2. Good Health

I am thankful for my health every day.

3. Dear Friends to Share Holidays

I am so grateful for the friends and family in my life to celebrate every occasion with all year.

4. Fuzzy Socks

On a chilly day, there is nothing is better then fuzzy socks or a warm jacket.

5. Airplanes

I am grateful for Air travel to see friends and family all over the country.

6. Time Off from Work

There is something magical about weekends and time away from the office.

7. My Dog

Pets bring us of unconditional love and joy.

8. Love

Without the ability to love, life would be sad and lonely.

9. Modern Utilities

I am so fortunate to live in a modern time with power, water, sewer, cable, wi-fi make to make life easier.

10. Freedom of Speech and our Constitution

Being able to express your thoughts and feelings freely should never be taken for granted.

11. Automobiles

I cannot imagine living in a time when you could jump in your car and drive too anywhere!

12. The Education I have received.

The opportunity to attend school is something people, especially women, don’t have in many countries and I am grateful for the training and educations I have received to allow me to help injured people and fight injustice.⌄

13. Having a Cozy Home

No matter where you live, having a place to call home is something to be thankful for.

14. Fresh Air

I am grateful to live in a beautiful country working toward protecting the environment so we can continue to step outside and take a deep breathe.

15. A Bed to Sleep

Watching the heart wrenching plight of so many refugees around the world, I am grateful for my clean and cozy bed every night.

16. National Security

I am grateful to wake up feeling safe thanks to our women and men in uniform.

17. The Light of Sunshine

The sun’s glow brings a warmth and light to our world every day.

18. Clean Water

So many people on earth lack access to clean water and I am grateful to turn on a hot shower every morning.

19. Cell Phones

They give us a freedom from our desks and offices to allow us to live and work each day.

20. Art

The world would be less beautiful if art did not exist.

21. Rainbows

The beauty of a rainbow is a gift of nature.

22. Waking up Today

Simply waking up today to exciting potential is something we should all be grateful for.

23. Baseball

Whatever your favorite sport, be great for the thrill of watching and playing the game.

24. Great Teachers

Whether it is your grandmother teaching you to cook or a great teacher, be grateful the sharing of wisdom and talents.

25. Air Conditioning in the Desert

Staying cool on a hot Vegas day is something people would not have dreamed about in decades past

26. Grocery Stores

We live a country we can get anything for our table.

27. Sunsets and Oceans

Sunsets and the sound of the waves are simple gifts of joy.

28. Entertainment

Music and Movies to enjoy.

29. Freedom to Express Ourselves

The ability to choose our own clothing, and words should never be taken for granted.

30. Having a Great Practice

I am grateful for the amazing clients I have the privilege of fighting for every day.

At TheOneLawyer.com, we are grateful for the clients we serve and their faith in us. We are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. 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, 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.

New Laws Nevada 2021 prisons, inmates, local government

In continuation of our series regarding new laws passed by our 2021 legislature, this blog concerns new laws that our legislature enacted that affect our prisons and inmates and well as local government here in Nevada. Our legislature was very aware of the challenges facing our prison system.

Our lawmakers in Carson City passed several bills in 2021 session to help our inmates , even during the pandemic they were hard at work. Many of these laws focused on creating changes that will help inmates re-enter society by requiring prisons to provide services for exiting inmates.

Our legislature created an entire new act in Assembly Bill 88 that requires the board of trustees of the school district and the governing body of each charter school and university to adopt a policy that prohibits the use of a name , logo, mascot or song or any other identifier that is “racially discriminatory or contains discriminatory language or imagery“. Our lawmakers are determined to remove discriminatory laws from our books and prevent offensive imaging from representing our public institutions. These laws are indicative of the progressive and democratic nature of our state. The following is a summary of the new laws enacted regarding the Department of Corrections and impacting Local Government that were passed by our Nevada legislature during the 2021 session.

Inmates and corrections

Assembly Bill 358: Changes Medicaid eligibility for inmates, suspending rather than terminating eligibility and reinstating it as soon as possible after release. This bill changes eligibility for inmates in Nevada prisons. The previous law terminated their eligibility for Medicaid and allowed inmates to be reinstated when they were released. This bill suspends their Medicaid eligibility until they are released thereby forgoing the requirement to reinstate eligibility. It is basically and attempt to streamline paperwork and get benefits to people as soon as they are released from prison instead of waiting for a whole new process to begin and be concluded. This bill will help our inmates re-enter society and maintain their health by allowing them to be eligible for medical care immediately after they have served their time. This bill directs the Director of the Department of Corrections to complete the paperwork to enroll each inmate in Medicaid prior to their release.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8016/Text

Effective January 1, 2022.

Senate Bill 387: Requires the Public Utilities Commission to set rules, including rate caps, for inmate calling services. This Bill requires the Public Utilities Commission to set rules for rate-caps regarding costs for inmate calling services. These costs are generally born by the state. This bill requires the Public Utilities Commission of Nevada (PUNC) to adopt regulations that govern the provisions of many calling services to include a procedure to establish recaps and limitations on ancillary service charges and certain other taxes.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8081/Overview

Effective October 1, 2021.

Local government

Assembly Bill 63: Authorizes local governments to use local natural disaster recovery funds to mitigate the effects of a declared emergency. This bill is related to the financial administration of the use of government emergency funds. This bill relates to local financial administration and authorizes local government to use money from specific funds to assist with the adverse effects of certain emergencies. Under the existing law, the governing body of a local government can establish a fund to stabilize the operation of local government in the event of a natural disaster. This bill expands the use of the funds to include situations which are declared a state of emergency by the government. Clearly this bill is direct product of the pandemic. This bill basically adds the phrase “emergency situation“ to all of the situations which were previously reserved for “natural disasters“ in the utilization of government funds.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7316/Text

Effective October 1, 2021.

Assembly Bill 88: Bans use of racially discriminatory mascots or place names and so-called “sun-downer sirens.” So yes, I had to google that term as I have never in my life heard the term “sun-downer sirens” before. This is what I found “The towns of Minden, Nevada, and Gardnerville, Nevada, had an ordinance from 1917 to 1974 that required Native Americans to leave the towns by 6:30 p.m. each day. A whistle, later a siren, was sounded at 6 p.m. daily alerting Native Americans to leave by sundown.” It absolutely shocked my conscious that such laws were on the books at all much less as late as 1974 in Nevada. Assembly bill 88 bans the use of racially discriminatory logos and mascots or names and also banned the use of the old process of “sundowner sirens“. This Bill is actually an entire new act that also requires the board of trustees of the school district and the governing body of each charter school and university to adopt a policy that prohibits the use of a name , logo, mascot or song or any other identifier that is “racially discriminatory or contains discriminatory language or imagery“. This may impact some of the older schools in the valley that have had mascots and names for over 50 years that someone may find offensive. I was surprised as well when the Cleveland Indians, my favorite baseball team by family heritage, had to change their name from the Indians to the Guardians. I think it will take us fans a long time to get used to the name the Guardians. However, I never found the name Indians to be offensive but apparently it is to a group of people. This new statute in our state prohibits the use of any type of names that could be offensive to any group of people. In addition, section 2.3 of this bill prohibits a county in the state from “sounding a siren, bell or alarm anytime during which the siren, bell or alarm was previously sounded on specific days or times in association with an ordinance enacted by the county which required persons of a particular race, ethnicity, ancestry, national origin or color to leave the county or city, town or township within the county by a certain time.“ This bill is sweeping legislation which impacts all aspects of naming public entities or public places in our state.

https://en.wikipedia.org/wiki/Sundown_town

.https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7369/Text

Effective July 1, 2022.

Assembly Bill 139: Allows local governments to use normally restricted excess enterprise funds to build fire stations. Assembly bill 139 allows governments to use normally restricted access enterprise funds to build additional fire stations. Existing law allows governments to create a “enterprise fund“ exclusively for building permit fees. Under existing law, money that is in the enterprise fund must not be used for any other purpose than the actual direct and indirect cost of building permits. This bill caps local building government enterprise funds and allows the balance of unreserved working capital does that that does not exceed 50% of the annual operating cost to be used to construct fire stations in cases that the needs assessment has demonstrated a need for additional fire stations exists.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7515/Text

Effective immediately.

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Nevada Workplace Safety and Wage Inequities

Our lawmakers in Carson City passed bills governing all areas of the law in their 2021 session, even during the pandemic they were hard at work. Many of these laws focused on workplace safety and wage inequities. Our legislature was busy addressing unfair employment practices and workplace safety issues. based upon race, immigration status and socio-economic position.

They passed laws to expand employee rights to brings claims against their employers to adding protections for cannabis industry workers. Our legislature stands on the forefront of protecting our employees and their civil rights in the state of Nevada. Our legislature was brave enough to step up and address the issues head on and protect and preserve employee rights in Nevada. Although we are an at will employment state, the legislature added protection for Nevada employees. also addressed pandemic issues to allow our state administrators greater freedom in accessing medical supplies. The following is a summary of the workplace bills that were passed by our Nevada legislature during the 2021 session.

Workplaces

Assembly Bill 222: Expands whistleblower protections to cover employees who report workplace problems internally. This bill protects employees who report issues in their workplace to the United States Equal Employment Opportunity Commission. Under the existing law, when an employee files a complaint alleging unfair employment practices with the equal rights commission and commission in turn concludes that unfair employment practice have taken place, The person alleging the unfair practice is authorized to bring civil action in the District Court. Existing law prohibits the person from bringing the civil action more than 180 days after the act constituting the unfair employment practice occurred or more than 90 days after the right to sue letter was issued by the commission, whichever is later. The existing law also provides that the 90 day and 180-day periods of limitation are tolled during the pendency of the complaint provisions. This new bill extends the coverage of those provisions to actions in the District Court for occurrence of unlawful employment practices under title VII and issuance of the right to sue letter by the equal employment opportunity commission. This bill further tolls the 90- and 180-day statute of limitations periods during the pendency of the complaint before the federal equal opportunity employment commission.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7699/Text

Effective immediately.

Assembly Bill 227: Seeks to ensure that construction industry workers are paid wages in line with their skills and prevents “off the books” work. This bill is an attempt to protect construction workers and prevent the widespread practice of having workers “work off the books“. The bill is an attempt to ensure that construction industry workers are paid wages in line with their skills. Under existing law, a person licensed to be a contractor and engage in the business of constructing, altering, or repairing structures must follow certain employment practices. This bill differentiates and defines the types of work performed that requires a contractor’s license as well as persons who may perform work for a contractor that do not require a contractor’s license. This bill sets forth additional acts which will constitute cause for disciplinary action against a contractor by the state contractors board to include retaining sub-contractors to perform work were a license is necessary who are not licensed contractors.

In reading this bill, is its entirety I find it almost unintelligible and poorly worded. However, In researching the history of this bill, this bill was lobbied for by the Nevada construction workers union who called for a crackdown on what they called “tax and wage fraud.“ The unions that represented carpenters were calling on law makers to pass a bill to fight what they called “fraud and wage theft” in the construction industry. This bill is supposed to require everyone working on a construction project that requires a general contractor to be employees of the company or contracted licensed subcontractors. The union believes this bill will discourage the practice of hiring workers “under the table“ and paying them cash. The carpenters union argued that unscrupulous companies use this method to get out of paying for general liability insurance, Worker’s Comp, Social Security and unemployment taxes. They asked the legislature to crack down on these employers that do not play by the rules. The union saw this as a growing problem in the industry. After their diligent lobbying efforts, assembly bill 227 passed and is an attempt to curb this practice. However, I do not believe the wording of the bill will necessarily accomplish its goal. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7666/Text

https://www.publicnewsservice.org/2021-04-15/livable-wages-working-families/nv-construction-workers-unions-call-for-crackdown-on-tax-wage-fraud/a73930-1

Various effective dates through Oct 1, 2021.

Senate Bill 122: This bill requires specific cannabis establishment employees to undergo safety and prevention training. This bill requires that no later than one year after cannabis employee is hired, that the employee must obtain a completion card of the OSHA 10 (Occupational Safety and Health Administration — a Government agency) course. Supervisory employees must complete the OSHA 30 course. The bill provides for fines for employers for failing to comply with this training requirement for their employees. Current law already requires that employees on construction sites complete these courses. This bill incorporates employees of cannabis establishments who are now required to complete these courses.

In a letter to the Senate Commerce and Labor Committee dated March 3, 2021, the Nevada Dispensary Association opposed this bill. They believed that the mandate was overreaching and applied harsh penalties that were inequitable as compared to other industries. They argued that employees that only work at the dispensaries should be exempt from this requirement because those employees were not in a setting where they are at elevated risk for accidents, and they do not operate dangerous equipment or heavy machinery. They argued there was no equivalent safety requirement for employees working in air-conditioned space such as retail having to go through this training. I do find it unusual that employees that work at a counter at a dispensary are required to undergo the same training as those working with heavy machinery on construction sites when people working at the counter at retail department stores are not required to undergo these same training courses.

The Nevada Dispensary Association further argued that the mandatory penalties imposed on the cannabis industry were far out of line with the standard practices of penalties for any other industry. In addition, they argued that cannabis establishments are inspected and have access to best practice resources like Nevada OSHA safety consultant and training section to prevent workplace injuries. The Nevada Cannabis Compliance Board believed that the Nevada cannabis compliance regulations already provide substantial and specific training requirements for employees of the cannabis industry. They believed these additional training requirements were unnecessary for most dispensary employees.

However, the bill was supported by UFCW local 711 on behalf of cannabis workers. The union represented 6800 members of the united food and commercial workers local union 711 and they submitted a letter to support the bill. The union pointed out that members in Nevada work in grocery stores, retail establishments, chemical manufacturing food processing plants. They argued that the legal cannabis industry and all other industries should be required to undergo these courses. The union argued that members of the cannabis industry work in growing and cultivating facilities, manufacturing facilities, and processing facilities as well as laboratories. It really appears that the bill did not accomplish what it may have been intended it to accomplish in those workers working with farm equipment or cultivating the product are far different from those selling the product at the counters in the dispensaries. I believe the bill should have been more qualified to specific types of employees and not broad-based to include all retail employees. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7460/Text

Effective on July 1, 2021.