Visitor Question

Carjacked in Mall Parking Lot…

Submitted By: Gustav (Silver Spring, MD)

I am an attorney who made headlines, “77 year old lawyer from Silver Spring, etc” in the Washington Post (without name) dated December 1 having been victimized by a robber who car-napped me in the parking lot of a large mall in Wheaton, MD.

I was seriously injured (knifed on my left leg, beaten up, etc.) and endured about an hour bleeding almost to death on the floor of my own Nissan Maxima as a “passenger” while the robber drove the car. He was continually intimidating me with words like “or I’ll kill you” until he let me go having helped himself to my money via ATM machines.

I am seeking a competent attorney who is willing to consider representing me against the mall on grounds that the robber victimized at least 3 other individuals in similar manner prior to my incident.

The robber has a record a mile long and is now apprehended.

I am well aware that there are similar cases that have been litigated in Florida and I believe elsewhere.

I am also aware that the Mall will have typical arguments to the effect that they have done everything reasonable to secure the parking lot in question.

I am looking for an attorney willing to consider representing my case on the theory that the mall was negligent “big time” having had similar occurrences on the same lot within days prior to my incident; moreover, I have personally observed the laxity of protection from time to time as a frequent customer.

I feel strongly that careful discovery will vindicate my own analysis of the matter. Do you have any thoughts on this matter that may help my case? Can you refer me to a competent attorney in my area? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Gustav,

The Injury-Settlement-Guide web site is a good place to begin your search for a competent and qualified attorney to assist you in your claim against the management and owners of the mall. You will have to find one licensed to practice law in the jurisdiction in which the attack took place. For you that would be an attorney in Maryland.

You are correct in assuming the mall will offer as a defense their protection and security methods. Once accomplished it will probably be up to a judge to decide a motion for summary judgment, as you can be assured one will be filed by the defendants. If you make it past the motion for summary judgment and can get the case before a jury you may have a chance of prevailing.

The matter of liability will be a subjective one. There aren’t any laws in Maryland requiring the management and owners of malls to provide a certain type, quality, or level of security. Matters of security are left up to those who manage and own the malls.

The next hurdle you will have will be proving the worth of your injuries. Your medical bills will be a sum certain, but the fear and emotional distress you suffered is an intangible matter and will have to be decided by a jury.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 27, 2011

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