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BREAKING STORY 11-28-08 (Los Angeles Injury Lawyer, Michael Ehline.)
Black Friday, November 28, 2008, will be remembered as a day in infamy, because of the deaths of innocent life, apparently, all over getting your Christmas gift first. Reminiscent of the recent case of Whitesnake, where in members of the audience were trapped in a stampeded as the concert hall caught fire, here, in the Wal-Mart stampeded, the consumers (“horde”) were trying to get into the business and not away from it.

Wal-Mart Killing

There was a Wal Mart accident November 28, 2008, involving a stampede of people rushing into the story to get the best deals before everything was bought. At least one person was confirmed dead in that stampede. An employee suffered a wrongful death after being trampled and a woman suffered a horrible miscarriage after a horde of shoppers clogged the business entryway doors at Long Island, New York Wal-Mart, according to eye witnesses.

Mind you this is going on after the government says it will bail everyone out. So rather than be frugal, people are running out to buy big screen televisions? Anyways, I was in shock. So it turns out the Wal Mart employee injury was caused because the store clerk was trying to hold back the “customer”, who resembled something more like a mob. Over two hundred people ran the guy over as he tried to hold them back at 5 am in the morning, or 05:00 hours for all you military and police. Oohrah?

Toys “R” Us Incident

The potential tort liability of Wal-Mart in Black Friday Stampede Killings? At first, I thought it was a fluke, but then, two people were killed at a Toys “R” Us in Palm Desert according to the Riverside County Sheriff’s Department.

Now that makes me a Wal Mart stampede attorney, as well as a Toys “R” Us Wrongful Death lawyer in Los Angeles. But seriously, this is a strange phenomenon and there are an interesting array of potential liability issues that would need to be explored in each case to determine the potential tort liability of superstores like Wal Mart and Toys “R” Us.

Potential Tort Liability of Wal-Mart

Since I am only a California lawyer, I will explore the issue as if it had occurred in California. Here, the case would be filed as a workers compensation case on behalf of the estate of the decedent Wal-Mart employee, as against Wal-Mart, and there could be more money available if the acts of failing to protect the employees, or have proper security to keep out the mongrel hordes, for example.

There is also the issue of the patrons who actually killed the man. It seems like there is a murder case against all of them, since they all apparently caused and contributed to the death of the Wal-Mart Employee. The civil cases for tort would probably be the same. The real question here is identifying each defendant, and then suing them, and last but not least, whether or not there are any assets that can be recovered.

It could be a tough case. But it is worth a try. Now, there could be other defendants here too,m such as the manufacturers of the doors. Perhaps the doors were not strong enough, and when the people leaned into the doors, the they crashed open, killing the employee. If that had happened, there could be a design defect issue. But as you can see, there are many considerations in bringing a lawsuit in a case such as this, requiring a highly experienced tort law firm.

Potential Tort Liability of Toys “R” Us

Here the issue is a dispute between customers as a Toys “R” Us, and is it possible for the survivors of the Toys “R” Us shoot out to recover damages for wrongful death as against Toys “R” Us? Conceivably, yes.

If Toys “R” Us knew or should have known this was a dangerous location, that there were prior similar incidents, etc., it had a duty to warn customers, as well as to provide security for the situation that store was in for its unique circumstances.

The next potential defendant, is obviously the shooter. Again, there is probably no insurance available, as the shooting was probably excluded under a liability insurance policy, since California public policy prevents insurance from covering intentional acts of a tortfeasor.

There may also be victims restitution ordered through the California criminal courts system. These Christmas killings were totally avoidable, and I pray for the souls of the dead and for the families who have lost loved ones. In all events, I hope you enjoyed this little analysis of the stampede killings at Walmart and Toy “R” Us. It is not be construed as legal advice, but a quick rundown on what my thoughts as an observing Los Angeles premises liability attorney are on the subject of potential tort liability Of Wal-Mart & Toys “R” Us in “Black Friday Stampede Killings.”

If you want to learn more, or ask me about another potential case, call my Los Angeles injury law firm at 888-400-9721

In Los Angeles criminal legal news, according to reports by the Los Angeles Police Department they have detained a 21-year-old man identified as Ronald Mendez who is suspected of fatally beating his father and uncle and is being questioned. The Los Angeles Police have also stated that Ronald Mendez has a history of unpredictable behavior. How did they get involved in this criminal case? The Los Angeles police stated they were called to a home in the vicinity of the 2800 block of London Street in the area of the 101 Freeway and Silver Lake Boulevard. A relative that became concerned about their relatives after they could not contact them and called the police to check the residence to see if they were alright.  Upon the police arriving they spotted a back door ajar, inside they found blood on the floors and walls. Looks like someone needs a good criminal defense attorney.

 After finding this the Los Angeles Police brought in cadaver dogs who found a freshly dug grave, where police uncovered a blood soaked chair, carpet and other items. They also found the two men buried in the back yard of the home. By the way if youn hang your hat in Los Angeles and you require an experienced Los Angeles criminal defense attorney then might I suggest the respected Law offices of Ramiro Luis. He is a first rate Los Angeles criminal defense attorney and he also services other areas like Palos Verdes and Bakersfield.

 The two men have been identified by the Los Angeles County Coroners Office as Donald Antonio Mendez age 53 and his brother Douglas Mendez age 55. Talk about some repugnent criminal activity.

            Only half a dozen states prohibit texting while driving.  In New York, Westchester County, Suffolk County, and Oneida County, have either passed legislation, or have measures pending, and will be joining Alaska, California, Louisiana, Minnesota, New Jersey, and Washington State in attempting to prevent accidents and injuries from texting while driving.  New York City also has a bill pending and it has been an issue in Houston as well. Across the nation, some municipalities have their own bans. The intent is good: to decrease personal injury. If you are an attorney, of course, it could mean fewer injury cases in the long run if you live in these particular localities.

In Eastern Monroe County, New York, lawmakers also are proposing a local law to ban reading, composing, and sending text messages while operating a motor vehicle.  In their community, five Fairport High School students died in a collision.  It was determined that the cell phone belonging to the driver had sent and received messages just moments before the accident and fatal injury.  By the way if you happen to live in Houston and you require a first rate  Personal injury attorney Houston  then by all means inquire with the Law Offices as they are among the top New York City personal injury attorney around.

            Legislators believe that the bans will mainly benefit younger drivers who have less driving experience and who are more likely to have accidents resulting in fatal personal injury from text messaging while driving. It is questionable how enforceable the laws will be, as texting is not as obvious as talking on a cell phone is.

            All in all, New York State was the first to ban cell phone use while driving.  Although a Zogby Poll found that 66 percent of young adults send text messages while driving, there is little in the way of other data on texting and driving, perhaps because few drivers, especially in the City, want to admit what they were doing just before an accident.  It is difficult for authorities to prove since phone companies are not obliged to release these particular records, althoug a District attorney could demnad tem in certain instances.