What can we do about guns in stores? Sue the stores.

After dropping a gun at TJ Maxx, a customer shoots herself in the foot.
#GunFail #ShootingWhileShopping

OPELIKA, Alabama. — A shopper at a TJ Maxx in east Alabama shot herself in the foot when her gun accidentally discharged, police said.

The gunfire happened when she dropped the gun Monday afternoon in the TJ Maxx at the Tiger Town shopping center in Opelika, The Opelika-Auburn News reported.

The 55-year-old woman was taken to a hospital. No other injuries were reported.

AP Via Fox 13,
In Texas you need TWO signs. One to ban concealed guns one to ban open carry.

According to the story, only the woman was injured. If I was in the store when this happened, even if I wasn’t physically injured, I would sue. And I would win because TJ Maxx failed to take the simple step of putting up a sign saying no guns in the store. Here’s my logic:

The store has a duty of care to shoppers. By allowing people with guns to enter as customers, they are taking on a certain level of responsibility to protect them. If they fail, and someone is injured while in the store, the company can be held liable. How liable they are depends on the steps they did or, or didn’t take, to keep customers safe.

The Sign that saved millions of dollars in Slip and Fall lawsuits.

In Premises Security law if a store had the option to do something reasonable to protect customers from injury–like put up a sign saying, “CAUTION WET FLOOR” or “CONCEALED HANDGUN PROHIBITED” but didn’t, and someone is injured, the company takes on a greater percentage of the responsibility for the injury to person who is hurt. And that translates to more financial compensation.

A judge could look at this case and say, “This is 80% the woman’s fault and 20% the store’s. The woman doesn’t have to carry insurance, and likely has none, but TJ Maxx has to carry insurance. It’s typically $5 million for each store.

What people don’t know is that accidental gun discharges happen all the time and many are in retail stores. From the CENG article on this “Since January 1, 2021, 45 people have been injured in Alabama’s as a result of an accident discharge of a firearm, According to the Gun Violence Archive, 9 were women.”

Accidental shooting at DeSoto Walmart caused by unlicensed gun owner

DESOTO, Texas – A shopper at a Walmart store in the Dallas suburb of DeSoto was hit by accidental gunfire. It happened around 6 p.m. Tuesday at the superstore on Belt Line Road.

DeSoto police said another shopper who was carrying a concealed handgun was to blame. It appears to have been an “accidental discharged.” 

The victim was hit by shrapnel and is expected to be okay. The man who fired the gun did not have a license to carry, police confirmed.

He was gone by the time police arrived but police said they know who he is and may file charges.

FOX 4, KDFW May 19, 2021

In fact, Walmart has a special insurance/ legal team that settles cases where people were injured by negligently discharged guns. Walmart keeps a lid on the size and number of the cash settlements following in-store incidents. The settlements are mostly sealed. The media aren’t going to do follow ups. By the way, the injuries don’t have to be only physical. PTSD is a real thing. There is also the option to sue for endangerment.

UNLEASH THE LAWYERS!
Bring the personal injury lawyers who sue for slip and fall accidents in stores to sue for accidental gun discharges. The stores need to pay a price for their decision to allow poorly trained and inexperienced concealed gun carriers in their stores.

I want to see big settlements in the news because it tells other people they can sue too. And according to my highly-places sources in the insurance industry, lots of big settlements lead to policy changes and enforcement of policies at the store level.

S.C. woman gets $10 million in Walmart lawsuit after stepping on rusty nail, losing most of leg (Nov. 30, 2021 WMBF/Gray News)

BTW, nowhere in any of the stories I read was it mentioned if she had a concealed carry license. Concealed carry in Alabama requires a license. Open Carry doesn’t and is legal in Alabama. (Giffords Link on Alabama law) If she didn’t have a CCL she would be charged, that increases HER liability, but as I noted, she doesn’t have to carry insurance. However if she has a CCL, and the store permits concealed guns in the store, then the lawyer suing the company can say.

This is not about criminals ignoring signs. If TJ Maxx had banned guns in the store by putting up signs, the law-abiding concealed carrier would have left her gun in the car and my client never would have been injured.”

If you want to more detail about this issue, and how it can be used by customers and lawyers, applied to corporation to insurance policies, read my 2016 letter to Alex Gourlay the EVP of the Walgreens Boots Alliance, Inc.

When you allow a few customers to carry concealed guns into your stores you are trusting them with the lives of your employees, all the other customers and their children.

You may not know just how poorly trained and inexperienced some concealed gun carriers are. In 25 states people aren’t even required to show they know how to shoot a gun to get a permit. In eight states, no permit or training is required at all to carry a concealed gun.  

Three reasons why customers shouldn’t carry guns in stores: accidents, escalation and liability

TJ Maxx customer shoots herself in the foot. Everyone in the store should sue her and TJ Maxx

If you sued you could get the max for the minimum!

OPELIKA, Alabama. — A shopper at a TJ Maxx in east Alabama shot herself in the foot when her gun accidentally discharged, police said.

The gunfire happened when she dropped the gun Monday afternoon in the TJ Maxx at the Tiger Town shopping center in Opelika, The Opelika-Auburn News reported.

The 55-year-old woman was taken to a hospital. No other injuries were reported.

AP Via Fox 13,

According to the story, only the woman was injured. If I was in the store when this happened, even if I wasn’t physically injured, I would sue. And I would win because TJ Maxx failed to take the simple step of putting up a sign saying no guns in the store. Here’s my logic:

The store has a duty of care to shoppers. By allowing people with guns to enter as customers, they are taking on a certain level of responsibility to protect them. If they fail, and someone is injured while in the store, the company can be held liable. How liable they are depends on the steps they did or, or didn’t take, to keep customers safe.

In Premise security . . . → Read More: TJ Maxx customer shoots herself in the foot. Everyone in the store should sue her and TJ Maxx

What are the Trump admin’s COVID crimes?

I’m a fan of the Sister’s in Law podcast, so I sent them a few questions via tweet. Some are based on the report of the House Subcommittee on the Coronavirus Crisis. Since I’m a long-winded Vulcan I provided the background to my questions below.

Ordering COVID test results to be delayed &/or falsified is a crime, but the public can't see it.If the Trump admin used medical privacy laws to intentionally hide violations of public health laws, who prosecutes that? @JillWineBanks @COVIDOversighthttps://t.co/XM2nZxnAQm pic.twitter.com/OZl2QvlEuN

— Spocko (@spockosbrain) December 20, 2021

Meadows or others in the Trump campaign obstructed, delayed and possibly falsified COVID test reporting. They started at the Tulsa rally and did it later during Trump’s infection period. (Based on the reporting of Carol Leonnig’ & Jonathan Karl)1) Could you address how medical privacy laws have been used to hide the Trump admin’s violations of state & federal COVID test reporting laws?

Because of medical privacy laws, the media can’t see or prove how Trump, Meadows and/or campaign staff intimidated public health officials and what their response was.

Your show often drills down and focuses on specific laws broken and what cases a prosecutor will or . . . → Read More: What are the Trump admin’s COVID crimes?

How can we hold Trump legally accountable for COVID deaths?

Yesterday Mehdi Hasan raised the question. “Why aren’t we holding Trump legally accountable for COVID deaths.”

When I saw this segment I was excited because I’ve been working on this and wrote about it recently at Crooks & Liars.

.@ElieNYC I want legal accountability for Trump for his role in the death of 100's of thousands.How do we make that happen?We can start by busting Trump & campaign staff for violating public health laws at the Tulsa rally. @glennkirschner2 @mehdirhasan https://t.co/GdGrP9LZzn

— Spocko (@spockosbrain) December 14, 2021

Elie said our legal system has a problem with prosecuting politicians and their policy issues. He suggested that the Catholics created hell to punish people like Trump. I’m a big fan of Elie and I wish I had the chance to talk about this with him and discuss all the reasons why it’s hard to do. Then, as an activist, I’ll ask.“Okay Elie, what CAN WE DO to hold them legally accountable for all this sickness and death?”

For the last 18 months I’ve been trying to figure out ways to hold Trump and his administration accountable for the infections and deaths directly related to their actions & non-actions spreading . . . → Read More: How can we hold Trump legally accountable for COVID deaths?

How Rep. Massie will raise money on the bodies of dead school kids

When Rep. Thomas Massie of Kentucky put this photo of him posing with his family & their guns, my friend Jeff Tiedrich tweeted. “Every single one of these guns cost more than a Le Creuset pot.” So I asked some of my friends in the Gun Violence Prevention movement if they knew what all these guns were, how much they cost and the cost of the ammo to fill their magazines.

$84,000 of AR15s, Thompson & Uzi submachine guns shown.These donors gave @RepThomasMassie $60K @Masimo @SFGiants @CUNA @MarathonPetroCo @NAHBhome @airportscouncil @AtlasAirWW @UPS @ford @DoreenBrasseaux @ATT @lathamwatkins @PitneyBowesPls give equal amounts to #Oxford victims. pic.twitter.com/tvVCrcqqGU

— Spocko (@spockosbrain) December 6, 2021

I expect this photo will be discussed on the cable shows and late night comedy because this is the kind of sick trolling that the GOP engages in and is easy to talk about. “That’s disgusting! What a horrible person!” But that will be the end of it. So I wanted to know if there was anyone whose opinion Massie cared about he would listen to. So I looked at his donors. It’s filled with right wing PAC money from right wing donors & gun rights groups.

. . . → Read More: How Rep. Massie will raise money on the bodies of dead school kids

Who in Trump’s campaign leadership ordered COVID-19 testing stopped at the Tulsa rally?

In Jonathan Karl’s new book Betrayal: The Final Act of the Trump Show, he wrote,

“According to two senior campaign officials, after the eighth person tested positive, two of them with the Secret Service, word came down from the campaign leadership: STOP TESTING.”

My question is: Who specifically in campaign leadership issued that order? Give me a name. Was it a medical professional? Was it Sean Conley? Who was in charge of the White House Medical Unit in Tulsa at that time? Who was in charge of making sure Federal, state and local public health laws and emergency orders were followed?

Karl didn’t use that person’s name in the excerpt I read in Vanity Fair. Why not? Why is he protecting them? Because they were a source from his book?

The name is important because that person’s order led to multiple violations of Federal CARES act laws and Oklahoma’s public health COVID reporting laws that were in effect at the time. Specifically, §63-6103, The Catastrophic Health Emergency Powers Act,Those violations meant that state public health officials could not do their job to protect the health of people in their state. Thousands of people in Oklahoma got sick and died . . . → Read More: Who in Trump’s campaign leadership ordered COVID-19 testing stopped at the Tulsa rally?

FEC failed, so Giffords sues NRA directly

Earlier this year the FEC was presented with evidence that the NRA illegally coordinated with GOP campaigns to use the same personnel and vendors to run ads for GOP candidates, claiming the vendors were “functionally indistinguishable.” That’s illegal. But the FEC didn’t act. So a federal judge granted the Giffords’ nonprofit the right to sue the NRA.

It calls for the court to prevent the NRA from “violating the law in future elections” and for the gun rights group to pay a fine to the Treasury Department equal to the alleged total in the donation scheme.

The lawsuit alleges as much as $35 million in “unlawful” and “unreported in-kind campaign contributions” went toward a scheme that goes back as early as 2014, with $25 million allegedly going toward Trump’s 2016 presidential campaign. 

NRA ran shell companies to illegally fund Trump and other Republicans, Giffords group alleges in suit Washington Post 11/3/2021

This is an important development, because it shows what can be done when one of the institutions that is supposed to keep the blatant corruption in check, fails to act. I’m a big fan of civil lawsuits because in America money is power. And when you get in the way . . . → Read More: FEC failed, so Giffords sues NRA directly

When anti-vaxxers get fired, employees cheer

My niece works at a hospital. The day that they announced on the intercom that every employee had to get a vaccine or would be terminated, she said a cheer went up that could be heard throughout all the corridors.

Don’t feel bad about cheering when one of these crackpots gets sacked. It’s only human to want to survive.

sandyhh, Oct 24 Crooks & Liars

I love to hear stories like this. It more accurately expresses how the vast majority of the public feels toward anti-vaxxers than what you see in the media. In Eric Boehlert‘s excellent newsletter Press Run titled, Sorry Chuck Todd, America is not hopelessly “divided” over Covid he pointed out that the press continues to push the nonsense 50/50 split narrative about the vaccinations and support of vaccine mandates. We are not. The press uses fuzzy math and headlines that focus on a tiny percentage who are embracing rabbit-hole conspiracies about a vaccine that nearly 200 million Americans have safely taken.

For example, on October 13, 2021 United announced that 99.7% of its 67,000 employees were vaccinated, the 232 who weren’t were going to be fired. Now check out the headline used by Forbes, Newsbreak, Business . . . → Read More: When anti-vaxxers get fired, employees cheer

Death threats must die!

The right wing harasses, intimidates and threatens people online. They aren’t going to stop, because it works for them.

When you watch someone screaming and punching a flight attendant when they are asked to wear a mask, it changes what you might do when you see someone not wearing a mask.

When people show up with guns at school board member’s house they aren’t there using their 1st Amendment rights. it’s not a conversation about an issue. It’s a threat. In today’s House hearing on Justice Department oversight AG Merrick Garland was asked to re-edify Jamie Raskin’s colleagues on what the 1st Amendment protects and what it doesn’t protect. He said, “What they are not allowed to do is threaten people with death or serious bodily injury.”

I admire the school board member who spoke out about her death threats, but how many people think, “I’m not going to be on a school board if it means getting death threats & people coming to my house with guns.”?

I’ve noticed that the media is very reluctant to push for any consequences for threatening speech. They get all balled up into questions of, “What is free speech?” and . . . → Read More: Death threats must die!

Spocko’s Top 5 Video Meeting Commandments 

1) RUN NO OTHER PROGRAMS ON THE LAPTOP / DESKTOP WHILST ZOOMING, ESPECIALLY CHROME

Download and USE THE Zoom Desktop app and close Chrome after clicking on the link(Chrome hogs memory even when closed! To fix thisGo to SETTINGSADVANCEDSYSTEM then TURN OFF running background apps when Google Chrome is closed) It should be GREY

2) THOU SHALT NOT USE WIFI

FIND and use a good quality Ethernet cord and run to your ethernet port from your router to your laptop or desktop.Most home WIFI routers suck when it comes to video.

3) START the process of getting connected 30 minutes early. Something WONDERFUL is bound to happen.

And by wonderful I mean terrible. Prepare a 2nd way to communicate with the host via phone, or text, email or message ahead of time to tell them of your problems.

4) Turn your computer off and on again 15 minutes before you start

Especially if you have been using your laptop all day. This resets the memory and other application problems.I say 15 minutes because you will need 5 to start it up and 10 for the new Windows patches to run that you didn’t know were installing. MACS are . . . → Read More: Spocko’s Top 5 Video Meeting Commandments