Tag Archives: accident lawyer

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 walmart

INJURIES AT WALMART

If a worker gets injured at a Walmart store, whether at the Supercenters or the grocery stores, they can contact a workers compensation lawyer to help them file a claim against the company. This blog  is about personal injury lawsuits against Walmart stores. We will examine past settlement compensation payouts in Walmart personal  injury cases and the process you will go through when you have been injured at a Walmart store. 

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

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

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

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

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

  • West Virginia February 2019: $16,900,000 Verdict: Plaintiff/ victim, a 52-year-old mother and grandmother who was visiting her local Walmart with her granddaughter in the shopping cart. Unrelated to them, the store security had detained a shoplifter near the rear  of the store. The shoplifter then attempted to evade security and while he was fleeing ran the Plaintiff/ victim over on his way out knocking her over and the shopping cart with her granddaughter. The cart  fell on top of her, and she suffered major abdominal injuries. Her injuries were so severe that   she underwent numerous surgeries, over 20 hospitalizations, and was left permanently dependent on a feeding tube. Plaintiff/ victim hired a personal injury lawyer who filed suit against  Walmart, claiming that its security staff was negligent in attempting to detain the shoplifter who had run from them on previous occasions. Walmart denied any wrongdoing and tried to place the blame on  the shoplifter. 
  • Ohio July 2019: $81,500 Verdict: A 51-year-old woman was shopping when a pallet jack/pallet being pushed down the same aisle by a Walmart employee struck her cart. This caused her to   fall backward  as she was pushing a shopping cart. The Plaintiff/Victim  alleged she suffered disc herniations with chronic radiculopathy; a partially torn rotator cuff; and other soft tissue injuries. Walmart admitted liability but disputed the alleged injuries were a result of the fall. A jury awarded the Plaintiff/ victim $81,500 in damages.
  • Florida  January 2020: $572,988 Verdict:  The Plaintiff/ victim  slipped and fell on an unknown substance in a Walmart grocery aisle in Florida and she sustained permanent injuries. The Plaintiff/ victim claimed the company failed to maintain safe conditions. Walmart denied liability and claimed that the woman’s  own negligence caused her injuries. The jury found the store 100 percent liable and awarded the woman a $572,988 in damages.
  • Texas March 2013: $199,112 Verdict: A 42-year-old clerical worker slipped and fell while walking in the meat department of her local Walmart in El Paso. She was taken from the store by  ambulance to an emergency room where she was treated for disc herniations and bulges as well as a sprained right ankle, an annular tear, and a torn ligament in her right knee. Her Walmart lawsuit claimed the employees had washed the concrete floor with a mechanical scrubber that had been excessively filled with soap and used an incorrect mop. Plaintiff/ victim also claimed that Walmart failed to warn customers by placing wet floor signs in the area. Walmart denied liability, claiming the floor had fully dried at the time the Plaintiff/ victim slipped and fell and sustained personal injuries at Walmart. The lawyers for Walmart also argued the Plaintiff/ victim’s disc injuries were pre-existing conditions and did not happen as the result of her fall. A jury found Walmart liable for Plaintiff/ victim’s injuries and awarded $199,112 in damages.
  • Colorado June 2019: $583,040 Verdict:  Plaintiff/ victim’s was a man on crutches who requested an electric cart. As he sat in the cart, the back support  of the cart collapsed, and he fall backward. The plaintiff/ victim’s suffered soft-tissue spinal injuries. He claimed that Walmart should have known of the defective carts and was negligent for providing the defective cart for customers. Again, Walmart denied responsibility and argued that the man’s injury was pre-existing before he had the accident at Walmart. The jury found Walmart 75 percent liable and the man 25 percent responsible and they awarded $583,040 in damages.
  • Washington June 2019: $325,000 Settlement: This case is an exception to the  general rule that settlements against Walmart do not get reported. In a Washington injury accident case, a  70-year-old male Plaintiff/ victim slipped and fell on water leaking from a mini-refrigerator at his local Walmart. As a result of the slip and fall, he sustained a broken leg and ankle fractures that required several surgeries. The Plaintiff/ victim alleged that the mini refrigerator had been leaking for several hours and that Walmart failed to clean up the water. The claim was settled for $325,000. It is our experience that when damages are clear and not exaggerated like in this case, Walmart is more likely to settle the case

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

The Walmart Claim Handling 

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

  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. Request a copy of the accident report while you are at the scene.

Getting a Lawyer to Fight for You

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

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

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 TheOneLaweyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032. 

Gratitude_Changes_everything

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.

  1. Keep a list of things you are grateful for in your phone; 
  2. Add to your list regularly;
  3. Download one of the many gratitude apps;
  4. Tell your co-workers or family how much you appreciate them;
  5. Look at the beauty in nature around your area one morning; 
  6. Make time for your friendships;
  7. Force a big smile for things that bring joy;
  8. View inspiring videos of kindness;
  9. Include an act of kindness in your day;
  10. Avoid overwhelming  negative media;
  11. Call your family or friends;
  12. Enjoy that cup of coffee;
  13. Don’t speak badly about people for no reason;
  14. Spend quality time with your family, even just a chat or a meal;
  15. Compliment a random stranger for a nice outfit;
  16. Send an email to someone you have not seen in a while and tell them something nice;
  17. Make positive comments, not negative, on social media;
  18. When you think a negative thought, turn to a positive;
  19. If you find yourself complaining, think about how you can improve that issue;
  20. Verbally acknowledge when someone does a good job;
  21. Do something nice for someone;
  22. Meditate with positive thoughts;
  23. Live mindfully, check out this great resource to help;
  24. Thank the people who help you at the bank, the store, etc.;
  25. Thank your loved ones for the little things they do even when they leave dishes behind; 
  26. Hang pictures with positive quotes and images around your space;
  27. Check on your elderly neighbor and see if they need anything you can do for then;
  28. Call your family or friend or significant other and tell them you love them;
  29. Embrace challenges of your day and see them as opportunities to grow; 
  30. Do not let the people you dislike bring a negative energy to your environment;
  31. Be thankful when you discover something new;
  32. See mistakes as a growth opportunity in your life a career to learn from going forward;
  33. Help the people around you see the positive side to life;
  34. When times are difficult, focus on resolution and not feeling doomed by the situation; 
  35. Take time to notice the needs of others and help if you are able; 
  36. Make gratitude a part of family life and share it with each other during the times you are together.
  37. Practice gratitude every day so it becomes your mindset and not a chore; 
  38. Focus on your strengths every day and how they will help you problem solve;
  39. Share your gratitude with family and friends and those around you;
  40. 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 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 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. 

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. 

3 Cool Cars We Wish They’d Bring Back

People get nostalgic for lots of different things: black and white movies, full service gas stations, and of course cars. Here are three classics we wish they’d bring back:

1. VW Van

Early 1960s VW van
Photo by Tim Walker
We miss this old hippie stand-by, and so should you. It doubles as a camper and can fit many people. The VW Van was a party on wheels, we just hope they bring that party back soon.

2. Porsche 356 Speedster

Porsche 356 Speedster, 1957
Photo by Stephen Hanafin
We’ve been wanting Porsche to put out a new version of this racing legend for years now. Here’s to hoping they bring back this exquisite sports car by 2020.

3. Chevrolet El Camino

1959 Chevy El Camino 01
Photo by Katherine Tompkins
One of the most iconic muscle cars of all time, the El Camino ruled the streets until the late 80’s. We would love for Chevy to release a new, ramped up version for 2014.

Get your vintage vehicle in a bit of a scrape? You need an accident lawyer. Visit Hunt Law Offices and get your classic joyride back into shape. And leave us a comment: what’s your favorite vintage car?