Mall Fireworks Lawsuit Is Frivolous - And Response (5)

Thursday, January 5, 2017

Buckle up folks, here we go. I just read where a lawsuit has been filed against CBL and associates and ERMC Property Management over the fireworks event that happened at the mall. The lawsuit, according to the Chattanoogan article, says "It says the mall should have had procedures in place to prevent a stampede from taking place." 

The mass panic that ensued was caused by selfish criminals without regard to public safety and they should be the ones held responsible for "injuries" caused by their actions.   

Trying to evacuate a large facility in an orderly fashion when there is a "possible active shooter" can be described as herding a bunch of feral cats. People will do whatever is necessary to get out and unfortunately that means running and climbing over others in their way. 

In my opinion I cannot see how a facility such as the mall and its management company can be held responsible for the actions of others.  

Shame on Warren and Griffin for filing this frivolous suit, but then again we are living in a society where some are looking to blame anyone for the sake of the almighty dollar. 

Chuck McMillian 

* * * 

Agreed, however I heard CBL is hiring cowboys (must own horse) to ride thru the mall just in case of a stampede. Trump still winning. Jobs are rising. 

Michael Burns 

* * *

In response to the claim that the mall lawsuit is frivolous, allow me to make a few points:  

1. The human stampede could have been prevented entirely by deterring the criminal behavior in the first place. How? On the second busiest shopping day of the year, increase the presence of uniformed security guards at the main entrances and common areas. Make a would-be trouble maker think twice about engaging in criminal behavior. CBL had only two  security guards on duty the day of the incident. Two. 

2. Properly train your security guards to identify a threat. I would identify a threat as an individual wearing a GPS ankle bracelet that indicates the individual is under house arrest. Call it profiling. I really do not care. That individual should have been red-flagged and followed (which is impossible with only two security guards for the whole mall). Maybe if he knew he was being watched by security, he would have thought twice about engaging in any criminal behavior. I believe you surrender your right of privacy when law enforcement slaps an GPS ankle monitor on you and you walk around a mall full of families. 

3.  Finally, train your security team for a situation just like this. CBL had a shooter threat several weeks before this recent incident, resulting in a similar outcome with people erupting into mass chaos. The only difference was the sheer number of people in the mall. CBL should have reviewed policies and procedures after that first violent incident. 

I know hindsight is 20/20. But CBL needs to step up their game in this day and age of increasing threats of violence in “soft” targets. We were all lucky the noise was firecrackers instead of an active shooter. Learn from it. 

C. Mark Warren, Esq. 

* * * 

This is how this lawsuit began.  Injured shopper goes to ER to be treated and encounters bill. Files claim on health insurance. Insurance company sends out letter (form) to patient and asks if this was a result of some injury (to see if someone else could be liable). Patient answers yes to local insurance provider and is asked to explain. 

Insurance company lawyers file claim on behalf of their employer (said insurance company). to cover the medical bill incurred by the patient. 

A person is more likely to need an attorney these days than a doctor. 

Tim Mason 

* * * 

Esquire, 

You want CBL to step up their game? How much game is required to make a mall safe from frivolous lawsuits? 

Would this mall game plan suit you?  

CBL will hire enough guards to walk customers to and from their cars. CBL will post a guard inside and outside every store entrance to watch for potential fire cracker detonations. CBL will install metal detectors at every mall entrance to detect weapons. CBL will install facial recognition cameras to screen criminals from entering the mall. CBL will pat down all customers to detect ankle bracelets. CBL will hire bomb sniffing dogs. CBL will install air sniffers to detect noxious gases and swab surfaces for biological contamination. CBL will institute exit drills to ensure everyone knows how to exit the mall in a quiet, slow manner.  

Would you participate in mall shopper drills? Would you shop at a police state prison like mall? Malls and brick and mortar stores are struggling to stay alive. Esquire, you can take pride in knowing you are helping to make shopping safer by hammering nails into the coffin of "in person live" mall shopping experience.  

Perhaps you want mall owners and American shoppers to adopt a siege mentality? CBL could swarm the mall with security measures and something awful might still occur. Awful is what transpired at Fort Lauderdale's Airport.  Ft. Lauderdale had guards, metal detectors, dogs, policies and training. Despite all the airport preparation, obsequious ambulance chasers are now circling the families of the dead and injured in Fort Lauderdale.  

What happened to making the guilty pay? Do you seek justice or just a check? Shame on you.  

Deborah Scott
Chattanooga 

* * * 

Just remember one thing, folks.  Win, lose or draw, somebody always gets their fee. 

Ed Bradley 

* * * 

Chuck McMillan is right. Hold the selfish criminals responsible for their actions. 

Diane Clements


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