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shoppingmallinjury

INJURIES AT SHOPPING MALLS

The Duties of Shopping Malls to Guests

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:

  1. Take Photographs of the entire scene near and around where the injury occurred;
  2. 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;
  3. Obtain all eyewitness contact information yourself, do not rely on the store to obtain this information;
  4. 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, you may seek legal advice from a lawyer. An attorney can gather and evaluate evidence. In addition, a personal injury 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

 

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. If the victim is a worker in the mall, they may hire a workplace injury lawyer to help protect their rights.

Claims against walgreens

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) $104,800A 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. 

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. 

When to Contact an Accident Attorney

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Following a car accident, you may only need to involve the police and your insurance company. However, any of these red flags should send you toward a car accident attorney.

Signs You Need to Contact an Accident Attorney

Sometimes, you’ll need the help of an attorney to protect your rights and your assets after a car accident. Always notify the police and your insurance company as soon as accident occurs, and make sure you get the other driver’s information, including the name of their insurance company. After that, what happens largely depends on how bad the accident was. If your experience matches any of the situations below, you should contact a car accident lawyer Las Vegas right away.

Injuries Often Spell the Need for an Attorney

It is also recommended to know Injuries, especially serious ones, often lead to the largest accident-related settlements, and they can make the post-accident process far more complicated. A good accident attorney, like the car accident lawyers serving Festus MO, can guide you through all of the things that will happen following such an accident, regardless of whether the injured person was in your vehicle or the other one.

If permanent injury or disability, hospitalization, or death is a result of the accident, the need to get an attorney involved is much more pressing. In the case for injuries causing permanent disabilities a lawyer can help you get the claims you deserve, you can even apply for disability tax credit if needed. 

An Attorney Can Address Issues with Your Insurance Company

If your insurance company has involved their own attorney in the accident follow-up, you may want to retain an attorney to represent your interests. This is especially important if your insurance company communicates any doubts about the active status of your policy or is behaving in a way that you think is unreasonable or strange.

An excellent accident attorney can help you if you’re concerned that your insurance company is acting in bad faith. They can also provide insight into settlement values. While settlements often depend on factors that vary from accident to accident, an experienced attorney can provide you with best and worst case scenarios.

If you’ve been involved in an accident with injuries, you may want to contact a car accident attorney to secure the best possible outcome, especially if you have concerns about your insurance company.