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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.

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.

Laura Payne® Attorney Henderson – My Vegas Magazine Article

Attorney Laura Payne has the right combination of experience, dedication and compassion.

It’s not something anyone likes to think about, but statistics indicate that most of us will be involved in an accident at some point. When that happens, anxiety can really kick in. We’re constantly bombarded by billboards, commercials, and ads for personal injury attorneys in Las Vegas – What should you look for when choosing representation? It’s important to find an attorney that is not only experienced in personal injury law, but is tenacious, compassionate, and attentive as well. Those are the attributes Laura Payne has in spades. She is the attorney behind TheOneLawyer.com and also heads up the Henderson’s premier boutique personal injury firm. We recently asked her to share with us what has motivated her to provide exemplary legal representation with a decidedly personal touch for over twenty years.

What sparked your interest in becoming an attorney?

When pursuing my undergrad at UNVL, I majored in journalism and worked at the school newspaper and radio station. One of my favorite things about that experience was interviewing people and learning out the issues they were facing. And while journalism helped me shine a light on people’s problems, it didn’t provide a path to help. That’s what I love so much about law. Now, I still get to hear people’s stories, but I’m also able to help them solve their problems, too.

Why did you choose to focus on personal injury law?

I considered becoming a public defender, but after two years working in the criminal system, I decided I wanted to advocate for people who had been wronged by large corporations and insurance companies. What better way to prepare myself to do that than by working within that system?

I spend over nine years as a staff attorney for a large insurance company. There, I gained the experience and knowledge to not only try cases but to understand how insurance companies review and determine the value of cases. This has given me an insight into the business that few other attorneys possess.

What sets your practice apart?

My primary strengths as an attorney are personal service and years of experience. I have purposefully kept my practice small so I can provide one-on-one help to each of my clients. I understand how insurance companies treat you as a number – and how frustrating and painful that can be.

When you retain me, you work directly with me. My clients are often stressed, fearful and confused at our first consultation. They frequently tell me that no none else has explained or listed to them as clearly as I have. They’ll start the conversation with, “I don’t want to bother you.” My reply is always the same: “You aren’t bothering me. I work for you, and if you have a question, never hesitate to call or text me!” I treat every client as though they are my only client.

What legal services do you provide?

I represent every client on a personal, compassionate and professional level whether they were involved in a car, truck, boat, bus, motorcycle, or slip-and-fall accident. I’m licensed to practice law in all courts in the state of Nevada and the Ninth Circuit Court of Appleas. I am also admitted to practice in Texas and California. I’m a member of the American Bar Association, the Clark County Bar Association, and the Southern Nevada Women’s Bar Association.

What do you love about Las Vegas?

I grew up here. It’s where my family and friends live and where I am raising my three sons. I’m just as passionate about our community as I am my clients. I sport several youth sports leagues and volunteer frequently with community outreach charities. When I am not working or attending my sons’ baseball games, you’ll find me practicing yoga, skiing, or riding ATV’s.

Call 702-450-4868

Text: 702-600-0032

New Nevada Healthcare Laws 2021

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 healthcare. In fact, there were so many healthcare bills passed that this topic will be two blogs, and this is part one of two. Our legislature was busy addressing many inequities based upon race, immigration status and socio-economic position. They updated our Medicaid laws to provide expanded coverages to address these disparities. The Nevada legislature passed laws to require our Department of Health and Human Services to study maternal mortality rates in different demographic areas to determine the need for additional services. This study will allow our lawmakers to determine whether to laws passed expanding coverage for maternity regardless of residency and expanding coverage to allow for Doula services will cut down the maternal mortality rates impacting those communities.

They also addressed issues of drug overdose and passed into law a bill allowing school district personnel to administer life-saving opioid overdose drugs to students. It is shocking and sad that this bill is necessary. However, the fact that it is necessary, and our legislature was brave enough to step up and address the issue head on will hopefully save lives of students. This law is indicative of the progressive nature of our state. The legislature also addressed pandemic issues in allowing employees to take their sick leave to take care of family members. The following is part one of a summary of the healthcare bills that were passed by our Nevada legislature during the 2021 session.

Health and Health Care (Part 1 of 2)

Assembly Bill 59: Assembly bill 59 seemed to sneak in under the radar. I was quite surprised that there was not a lot of press or social media regarding the passage of this bill. This bill is our legislatures attempt to curb this shocking and distressing trend towards kids smoking and vaping. It is sad to see kids starting these activities at such a young age that are so bad for their long-term health. It is my hope that this bill possibly curbs this trend toward of kids under 21 using nicotine and tobacco products. This new law raises legal age to use or buy tobacco or nicotine products to 21, from 18. Various effective dates through July 1, 2021. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7312/Text

Assembly Bill 119: Existing law establishes a Maternal Mortality and Review Committee, and that committee has traditionally been required to perform studies and make recommendations to reduce maternal mortality. This bill increases the duties of the committee to identify and review disparities in the incidence of maternal mortality in the state including disparity by race and economic position. Basically, the legislature has asked the committee to review and include in their report whether there is race and economic issues that contribute to maternal mortality so that the state can address and hopefully remedy those disparities. This law revises the duties of the Maternal Mortality Review Committee to look at factors of race, ethnicity, age, and geographic region in mortality which were not previously considered. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7440/Text

Effective May 25, 2021.

Assembly Bill 177: Senate Bill 177 is another attempt to make our state inclusive of all races. This bill requires pharmacies to print prescription labels in different languages if requested by the patient. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7541/Text

Effective July 1, 2022.

Assembly Bill 187: This law Designates September as “Ovarian and Prostate Cancer Prevention and Awareness Month.” Assembly bill 187 specifically designates the month of September each year as the ovarian and prostate cancer prevention and awareness month in the state of Nevada. This law is put into place to bring attention to the factual information regarding the diagnosis and treatment of ovarian and prostate cancer. Hopefully , this recognition of these terrible cancers will make our citizens more aware of the early signs of these conditions to prevent death and encourage proactive health screenings.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7618/Text

Effective May 27, 2021.

Assembly Bill 189: Expands Medicaid coverage for pregnant women. Existing law requires the department of health and human services for State of Nevada to determine coverages under Medicaid for pregnancy. This bill requires the department to expand coverage under the state plan for Medicaid for pregnant women to provide Medicaid for pregnancy without submitting an application for enrollment and Medicaid which includes additional proof of eligibility. The bill also prohibits the imposition of the requirement that a pregnant woman who resides in the state and who is otherwise eligible for Medicaid must reside in the United States for a prescribed period of time before enrolling in Medicaid. This bill is to protect the health and safety of babies born in the state of Nevada by providing proper medical care for their mothers regardless of their residency status.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7577/Text

Effective July 1, 2022.

Assembly Bill 190: Assembly bill 189 is another Covid-based law that requires private employers to allow employees to use sick-leave to take care of a family member. This new law allows certain employees to use sick leave for any purpose, including to take care of an immediate family member with illness and/or medical needs. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7578/Text

Effective October 1, 2021.

Assembly Bill 191: Senate Bill 191 basically updates the Medicaid laws to recognize the treatment by physician’s assistants and nurse practitioners. Many of the existing laws refer to doctors; however, as we all know, we are seeing these medical providers much more frequently than medical doctors. This law allows coverage for physician’s assistants and nurse practitioners and other community health workers to be covered services under Medicaid. This law adds Medicaid coverage for services of different community health workers besides medical doctors. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7582/Text

Effective July 1, 2021.

Assembly Bill 192: This new law changes procedures and requirements for testing pregnant women for syphilis and other sexually transmitted diseases. The new law requires that physicians treating pregnant woman test for additional sexually transmitted diseases unless the pregnant women opt out of such tests. This law also removes the penalty for a woman who refuses treatment.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7583/Text

Effective July 1, 2021.

Assembly Bill 205: Bill 205 authorizes a school nurse or other designated school employee or administrator to administer medication to reverse an opioid drug overdose. Is a sad state of our country and schools that this is a necessary law. However, if any child can be saved by quick action by school personnel it is a much-needed law

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7583/Text

Various effective dates through July 1, 2021.

Assembly Bill 216: This bill adds Medicaid coverage for cognitive assessment and care planning for patients showing signs of impairment including memory loss. This bill provides that the director of Medicaid shall require that the state pay the non-federal share of expenditures incurred for patients receiving cognitive assessments and care planning services due to symptoms or signs of cognitive impairment including short term memory loss, orientation as to time in place, deductive or abstract reasoning or other cognitive impairments.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7583/Text

Effective July 1, 2021.

Assembly Bill 256: This bill requires state Medicaid to pay for Doula services for pregnant women. The law further requires that applicants seeking payment for Doula services must provide prove that they possess the require training and qualifications to perform such services that are prescribed by the department of health and human services. This law is another expansion of Medicaid coverage for services.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7720/Text

Effective January 1, 2022.

At TheOneLawyer.com, 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-Hunt, 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-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 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 break down of the new laws and bills passed by Nevada Lawmakers in the 2021 session.

Nevada Lawmakers passed bills impacting all areas of our laws and government in the 2021 session. This blog is a continuation of my series of breaking down all of the new laws and bills passed by our legislature in the last session. If you are a new lawyer looking for legal placement opportunities, you may search online or contact a legal recruitment agency or an attorney recruiter.

Our lawmakers passed laws on issues ranging from expanding voting rights to decriminalizing speeding tickets. In this blog, I outline the new laws passed in the area of government and administration. Specifically, these laws focus on the organizing, directing, planning, coordinating, and controlling of government operations in our state.

Government and Administration

Assembly Bill 123: This bill will not make Golden Knights fans thrilled but I doubt it will deter any fans from obtaining a Golden Knights license plate. This bill increases the cost of the Golden Knights license plate by $10 to support the team’s foundation. The Golden Knights foundation is a 503(c)(3) organization that serves charitable organizations in our community. They support local nonprofits via partnerships, community programming, and direct grants. These activities are funded by financial donations and various programs throughout the year, including the sale of license plates. Some of the programs supported by the foundation include fostering growth of Las Vegas youth in K through 12 public schools with programs with emphasis on youth sports. The foundation also serves military members and first responders by providing donations as well as helping to fight hunger and homelessness in our communities. $10 well spent!!!

Effective October 1, 2021.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7444/Text

Assembly Bill 196 requires that there be designated lactation rooms in our county and city court houses. This law mirrors the federal law that has been in effect for many years which requires all federal buildings to provide space that is private and clean for mothers to feed their newborn babies or express breastmilk. This bill makes appropriations from the state general fund to allocate grants for the court houses to construct these spaces.

Effective January 1, 2022.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7590/Text

Assembly Bill 236 changes the age requirement as well as the residency requirement for a person to run for Attorney General in the state of Nevada. It is interesting that the previous law did not require our state attorney general to be an attorney in good standing in the state of Nevada. This law also increases the age from 25 to 30 years old to run for such office and in addition extends the residency requirement from the previous two years to three years residency prior to the election. In my brief research, I was unable to reveal how or why this law became necessary or relevant at this time. Our current attorney general, the 34th in our state, is attorney Aaron D Ford who is highly qualified with a long and distinguished career in both law and state politics.

Effective immediately.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7682/Text

Assembly Bill 253 updates the open meeting law to meet with the challenges that Covid has presented and the technology we currently use. This bill simply adds a process for remote access to open meetings of government committees.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7713/Text

Effective immediately.

Assembly Bill 280 requires that all public single stall restrooms now must be gender neutral. It is important to note that the bill does not require business establishments to change existing facilities with the exception that if they have a single stall restroom, they will need to change their sign to allow an “all gender” bathroom or “all accessible” bathroom. It is important to note that the bill specifically does not provide for a cause of action to be filed or a complaint to be filed with the Nevada Equal Rights Commission for a violation of this bill. For all practical purposes, the bill does not change much. Clearly, establishments that only have one single restroom obviously allow people of all genders to use their single restroom. It does not require changes to existing establishments with the exception of the sign and only if they only have one single stall restroom

Various effective dates through February 1, 2022.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7756/Text

Assembly Bill 421: Assembly Bill 421 shows that our legislature was busy in all areas of the law to remedy outdated laws that are still on the books. This law removes and replaces reference to insanity and the term “deaf and dumb” in our state code. It may be shocking that we were still using the phrase “deaf and dumb” in our laws. This bill requires Nevada law to refer to “persons with mental illness.“. The law states that “terms that are not preferred for use in Nevada revised statutes include “insane“ and insanity“. Sometimes words become slang in our environment and lose their legal meaning. This provision updates the language of the statutes to a more clinical use of terminology.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8053/Text

Effective July 1, 2021.

Senate Bill 28 Senate Bill 28 establishes the offense of sexual harassment within the Nevada code of military justice and provides punishment. Although the military operates under its own code of military justice, the national guard is governed by the states. Senate Bill 28 adds a punitive provision for sexual harassment by enforcing the zero-tolerance policy for sexual assault and harassment in the Nevada National Guard. Sexual assault has long been a criminal matter and continues to be punishable severely under our system of justice. However, the offense of sexual harassment often goes unpunished or unrecognized. This law provides stronger enforcement of the quality and safety of members of the Nevada National Guard.

https://gov.nv.gov/News/Press/2021/Governor_Sisolak_signs_Senate_Bill_28/

Effective May 19, 2021.

Senate Bill 46 Senate Bill 46 must’ve been prompted by some events as it makes certain public documents such as deeds of residence and voting records confidential for employees of the attorney general’s office.

https://legiscan.com/NV/bill/SB46/2021

Effective October 1, 2021.

Senate Bill 62: Senate Bill 62 expands which charitable organizations are required to register with the state and adds those that solicit donations but are not federally tax exempt. This bill is likely in response to the large amount of fraud that occurs by telemarketers calling and stating that they are with the police or fire departments or other organizations and are soliciting money related to those organization. Many of these are fraudulent and tarnish those they purport to represent. This bill requires that any organization that does try to solicit money from the public, whether it be for college funds or fallen firefighters or police officers, to register with the state. This is so that the state knows who is soliciting charitable donations from the public.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7247/Text

Effective on October 1, 2021.

Senate Bill 177 Senate bill 177 is simply another tax disguised as a fee to increase revenue for the state. This bill increases the surcharge on a marriage license from $25 up to $50. The bill states that the extra funding will support domestic violence services.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7601/Text

Effective July 1, 2021.

Senate Bill 430 expands projects that will be funded by the state infrastructure bank and includes projects related to renewable energy, recycling, and social and economic development among many other causes. The bill also will expand projects to include digital infrastructure

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8161/Overview

Effective July 1, 2021.

Nevada State legislature in 2021 very busy looking at climate change

The state legislature in 2021 was very busy looking at climate change in improving Nevada’s reporting requirements and environmental state. Our state is on the forefront of preserving the environment. Our legislature passed several bills to require additional reporting regarding greenhouse gas emissions by Nevada companies. In addition, laws were passed to increase administrative fines for violations relating to public utilities and add fines for submitting inaccurate or misleading information to the public utilities commission.

These new laws show that Nevada is serious in enforcing climate regulation to protect our environment. The legislature authorizes local governments to create commercial property financing programs to support energy efficient and renewable energy resiliency and water efficiency improvements. Our legislature was well aware of the need to preserve and protect our environment and also protect our natural resources. The following are the bills that were passed to further these causes.

Our legislature was on the forefront in many areas this year advancing public policy and protecting our citizens and our environment. Our legislature was focused on preserving our resources and enhancing the beauty of our communities. Our legislature was well aware of the needs of our community both financially and the impact of creating projects and funding for environmentally sound projects. These bills range from funding new projects to reporting requirements regarding greenhouse gases to penalties for reporting false, misleading or inaccurate information to authorities.

Energy and Utilities

Assembly Bill 452: Under this bill, reporting requirements are improved and reporting on greenhouse gases is enhanced. Existing law required the State Department of Conservation and natural resources to prepare an annual report that includes a statewide inventory of greenhouse gas emissions. This law has been in effect for 20 years in the state of Nevada. Section 1 of this bill requires these agencies and entities to submit to the Department of Conservation and Natural Resources any information that is determined by the agency to be necessary to prepare the annual report including information relating to emissions from substitutes for ozone depleting substances. Basically, this law enhances reporting requirements and requires information that was used to prepare a report to be submitted with the report. The Bill Requires certain state agencies and entities to submit additional data on greenhouse gas emissions then was previously required. For the entirety of the bill see the link below

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8128/Text

Effective July 1, 2021.

Senate Bill 18: Nevada senate bill 18 relates to public utilities and increases the amount of administrative fines that the public utilities commission of the state of Nevada is authorized to assess for certain violations relating to public utilities. The new law further authorizes the commission to assess administrative fines on a person who provides in accurate or misleading information to the commission. This law revised certain provisions relating to determining how certain administrative fines are assessed by the commission. This law goes so far as to increase criminal penalties for certain violations relating to public utilities and providing other matters that relate there too The bill increased the fines to a maximum of $200,000 per day for each violation up to $2 million for any related violation. The fines imposed by this new statute are extreme and prove the commitment of our state legislatures to protecting the environment and penalizing those who violate Nevada law for firstly reporting or failing to comply with Nevada environmental policy.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7193/Text

Effective on July 1, 2021.

Senate Bill 283: Nevada senate bill 283 relates to local improvements and authorizes municipalities to create a district for certain qualified improvement projects. This new law sets forth the requirements for creating such a district and authorize a certain financing to pay for qualified projects. This law makes various changes relating to the laws regarding local improvement for environmental protections. You may live in an area where you see your city or county removing grass and changing out landscape. This Bill deals with these kind of projects and funding therefore to improve water use and Improve our energy resources. It allows for funding for landlords to improve their properties and rewards public works projects for improving environmental impacts

The bill authorizes local governments to create commercial property financing programs to support energy efficiency, renewable energy, resiliency, or water efficiency improvements.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7879/Text

Effective October 1, 2021.

Senate Bill 448: This is an extraordinarily long and multi-prong bill that aims to increase clean energy investments in our state and promote storage and transmission. The Nevada legislature approved this sweeping clean energy bill that is directed at accelerating the construction of a massive transmission project. The bill also aims at increasing spending on electric vehicle infrastructure and requires that the state join the Regional Transmission Organization (RTO) by 2030. This bill puts legislative backing behind the planned $2 billion “Greenlink Nevada“ transmission upgrade which would construct two new 525 kilovolt transmission lines that would essentially link the entire state. Nevada energy would be required to complete construction of the project by the start of 2029. This bill passed our legislature 32 to 10 after passing the Senate unanimously.

This Bill was introduced by state senator Chris Brooks of Las Vegas and is advancing Nevada towards its goal of reaching 100% carbon free resources by 2050. This bill requires utilities to forecast a path to achieve 80% reduction in carbon dioxide emissions from the 2005 levels by the end of the decade. The Greenlink Nevada project encompasses more than 600 miles of new transmission lines connecting the Western part of the state to the East and to Las Vegas. These new powerlines would effectively create a transmission triangle that will connect the population centers with geothermal and solar energy. This could give Nevada access to large amounts of renewable energy that are currently not able to reach the grid because of transmission constraints. Experts believe this is a significant path towards fully decarbonizing Nevada. The bill sets our state on a path toward joining a competitive wholesale energy market with other western states creating an 18-member task force to examine the steps Nevada would need to participate in the RTO.

The bill also requires Nevada Energy to file a plan by September 2021 to invest $100 million in electric vehicle infrastructure including charging stations along interstate highways, at outdoor recreation facilities and in urban areas where people may not be able to charge vehicles at home. At least 40% of that infrastructure would have to be located in underserved communities. Nevada energy supported the bill that will transform Nevada’s clean energy landscape and create thousands of jobs in our state.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8201/Text

Various effective dates.

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