Articles Posted in Health & Safety

Fire at Calloway Cove Apartments, Jacksonville, Leaves Multiple People Injured.

Fire at Calloway Cove Apartments, Jacksonville, Leaves Multiple People Injured. (ActionNewsJax.com)

Could the injuries from this apartment fire have been prevented and are justice and compensation available to the victims? Read Our Legal Take below to find out what legal options are available.

Local News

A fire engulfed a Jacksonville, Florida apartment building Tuesday night, July 23, 2019, leaving multiple people injured and tenants searching for housing.

According to ActionNewsJax.com, “Jacksonville Fire and Rescue Department…responded to an apartment fire in the 4200 block of Moncrief Road on Tuesday around 8:30 p.m.”

All of building G at Calloway Cove was damaged in the fire, according to the report.

Seven people were injured in fire.  Jacksonville.com is reporting, “four of the seven sent to hospitals were in critical condition Tuesday night, the others in stable condition.”

The Complex was inspected by the State Fire Marshal’s Office on Friday, July 26, and according to News4Jax.com, “[t]here were eight noted fire code violations in the inspection, including a failure to provide appropriate carbon monoxide monitoring and installation in the complex, and failure to provide working smoke detectors throughout the facility.

The state fire marshal has not determined the official cause of the fire according to the media reports.

Our Legal Take

As the state fire marshal continues its investigation, premises liability attorneys with The Murray Law Firm question whether a lack of fire safety measures at the complex may have contributed to this incident.

  • What fire safety measures, such as working smoke detectors, fire sprinklers and emergency exits, were in place and working at the time of the fire?
  • When was the last fire inspection performed on the property?
  • Were any safety measures added after any previous inspections?
  • Was the property owner aware of any inadequate fire safety measures present prior to the fire?

As details of this fire continue to emerge, The Murray Law Firm suggests that it is possible that the apartment complex failed to undertake proper safety measures to protect those residents and guests legally on the premises. Under certain State law, the owner and management company of an apartment complex have a duty to protect residents and to keep the premises safe. If the owner or manager fails in this duty, they may be held civilly liable for any injuries or wrongful deaths that occur as a consequence.  Should the apartment complex be found at fault, the victims may elect to hold the owner and management company civilly liable for their injuries and suffering. Financial recovery for such a claim could be substantial.

As insurance companies and unscrupulous property owners are often more concerned with limiting their financial exposure in these incidents, it is crucial that the victims retain an experienced premises liability firm as soon as possible to ensure all evidence, such as a faulty fire alarm or a poor evacuation plan, is preserved and the victims best interests are protected. The Murray Law Firm has extensive experience in premises liability and apartment negligence cases, such as this, and we offer our legal expertise, if needed.

If anyone has information to share, or if anyone is seeking information regarding this incident, please contact us at 888.842.1616.

Our Results

The Murray Law Firm has obtained over $100 million dollars for its Clients, and recently secured a $29.25 million dollar verdict for a victim of an unsafe property.

We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover. Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at CALL NOW: 888.842.1616. Consultations are free and confidential.

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DISCLAIMERS:  The information contained in this post is from secondary sources and may therefore contain inaccuracies. We will gladly correct or remove this post upon request.  The material contained in this post is not intended to constitute legal advice. As each Client is unique, please contact us for a free consultation on your particular case.  “Contingent attorneys’ fees” refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Efren Perez-Sanchez Killed When Pressure Washer Tank Explodes at Orem, Utah Greenhouse.

Efren Perez-Sanchez Killed When Pressure Washer Tank Explodes at Orem, Utah Greenhouse. (Stock Photo: MurrayLegal.com)

Was safety negligence or an equipment malfunction a factor in this loss of life and could it have been prevented?  Read ‘Our Legal Take’ below to find out if the victim’s family may have legal avenues for justice and claims for substantial compensation.

Orem News

Orem, Utah police are investigating after an air tank explosion killed a man while he was working, Thursday morning, June 27, 2019.   According to KSL.com, “[a] man was using a tank to help spray plants at [a] Farm and Greenhouse, located at 1600 North 1545 West in Orem, around 8:30 a.m. Thursday…[t]he tank failed and exploded, killing the man.”  ABC4.com has identified the man as “Efren Perez-Sanchez of Lindon.”  The incident is still under investigation.

Read Our Legal Take below to learn whether Mr. Perez-Sanchez’s family may have an avenue to justice.

Our Legal Take

Greenhouse employees, vendors and guests have a right to safety and security while on the premises. The Murray Law Firm questions the safety measures provided both at the greenhouse and by the manufacturer of the air tank, and whether this tragic incident may have been prevented. Relevant factual and legal inquires include, but are not limited to:

  • What air tank safety features, such as an alarm or emergency shut off, were in place to protect Mr. Perez-Sanchez?
  • Did any such safety features fail?
  • Was the tragedy a result of a catastrophic equipment malfunction?
  • Was the manufacturer or property owner aware of the potential safety risks to employees?
  • Were any attempts made to service, recall or replace the air tank prior to the incident?

Under Workers’ Compensation laws, our legal team suggests that the family of Efren Perez-Sanchez will most likely be entitled to significant compensation as a result of this accident. While Mr. Long’s family should be eligible for benefits under workers compensation laws, they may also hold a substantial third-party civil claim against the designer or manufacturer of the air tank. Based on its history and experience in representing families in workers compensation and product liability claims, The Murray Law Firm suggests that Mr. Perez-Sanchez’s family should retain legal counsel without delay so as to ensure that all evidence connected to the incident is preserved.

OUR RESULTS: OVER $100 MILLION IN VERDICTS AND SETTLEMENTS

The Murray Law Firm has recovered millions of dollars for individuals who have been hurt, or families whose loved ones have been lost, in a work accidents and as a consequence of an unsafe property. We have obtained well over $100 Million in verdicts and settlements for our Clients, including a $29.25 million dollar verdict for the family of a worker who lost his life at an unsafe property as consequence of a product defect. We offer our legal assistance, if desired.

We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover.  Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

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DISCLAIMERS:  The information contained in this post is from secondary sources and may therefore contain inaccuracies. We will gladly correct or remove this post upon request.  The material contained in this post is not intended to constitute legal advice. As each Client is unique, please contact us for a free consultation on your particular case.  “Contingent attorneys’ fees” refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

12-Year-Old Boy Fatally Injured in Gastonia Rock Wall Climbing Accident.

12-Year-Old Boy Fatally Injured in Gastonia Rock Wall Climbing Accident. (WSOCtv.com)

Did safety negligence contribute to the tragic loss of a young boy and are justice and compensation available to his family?

Gastonia News

A 12-year-old boy has tragically died after falling from a climbing feature at a trampoline park in Gaston County, North Carolina Wednesday night, June 19, 2019, according to WSOCtv.com.  Fox46Charlotte.com is reporting, “[t]he accident occurred…as the child was climbing a rock wall at [a] Trampoline Park located at 3940 E Franklin Blvd. in Gastonia.”  Per the report, “[a]ccording to the 911 call log with Gaston County…the child was breathing abnormally after falling about 15 feet from the wall.”  The boy was rushed to Levine Children’s Hospital in Charlotte, but was sadly unable to revover from his injuries.  Fox46Charolette.com has identified the young child as “Matthew Lu.”

“There are several states that regulate trampoline parks or have proposed such action, but North Carolina is not one of them,” according to WSOCtv.com. Fox46Charlotte.com is reporting, “according to the NC Department of Labor, trampoline parks are excluded from the Amusement Device Safety Act and therefore are not regulated by the NCDOL, Elevator and Amusement Device Bureau.”

The investigation is ongoing according to the media outlets.

Our Legal Take

Entertainment complex patrons have a right to feel safe and secure while on the premises. The Murray Law Firm questions the level of safety provided on the property and whether this tragedy may have been prevented.

  • Have there been prior injuries on the property?
  • Was the victim secured in a climbing harness and, if so, was it properly secured prior to the accident
  • Was there a sufficiently padded mat at the base of the climbing wall?
  • Was there a medical emergency protocol in place and, if so, was it followed by employees?
  • What inspection protocol does the establishment have for its entertainment features?

Generally, property owners are required to protect all those legally on the premises from any foreseeable harm. Should the facts of this matter reveal that the business owner or management failed to provide adequate safety and procedures to protect those on its premises, the family of the young Mattew Lu may seek justice and elect to pursue legal claims for their loss.  

Based upon its prior successful experience in handling safety negligence claims on behalf of victims and their families, The Murray Law Firm suggests that photographs and a thorough, unbiased inspection of the property will need to be performed immediately, before any evidence may be repaired, damaged or destroyed. Given the complexities of pursuing a negligent safety case, it is imperative that the victim’s family retain an experienced attorney who can ensure the preservation of any and all evidence that may support such a claim.

OUR RESULTS

The Murray Law Firm has an extensive and successful record representing victims of safety negligence, including at entertainment complexes that cater to families and young children.  We have obtained over $100 Million in verdicts and settlements for our Clients, including a $29.25 million dollar verdict for a victim of an unsafe property. We offer our legal assistance, if desired.

We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover.  Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

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DISCLAIMERS:  The information contained in this post is from secondary sources and may therefore contain inaccuracies. We will gladly correct or remove this post upon request.  The material contained in this post is not intended to constitute legal advice. As each Client is unique, please contact us for a free consultation on your particular case.  “Contingent attorneys’ fees” refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Kiersten Symone Smith Fatally Injured, 5 other injured victims in Dallas Crane Collapse.

Kiersten Symone Smith Fatally Injured, 5 other injured victims in Dallas Crane Collapse. (KIRO7.com)

Was safety negligence or an equipment malfunction a factor in this tragic loss of life and could it have been prevented?  Read ‘Our Legal Take’ below to find out if Ms. Smith’s family may have legal avenues for justice and claims for substantial compensation.

Dallas News

A construction crane collapsed on a Dallas, Texas apartment building during a violent wind storm Sunday, June 9, 2019, killing one woman and injuring 5 other people. According to DallasNews.com, “[i]nvestigators with the federal Occupational Safety and Health Administration were working with Bigge Crane and Rigging to figure out how to remove its fallen apparatus and determine what caused the accident.” Latimes.com is reporting, “[t]he crane fell around 2 p.m. as storms ripped across parts of Oklahoma and Texas, bringing high winds, heavy rain and hail that flooded streets and caused power outages.” 5 people were injured, “[t]he 29-year-old woman who died has been identified as Kiersten Symone Smith,” DallasNews.com is reporting.

Per news reports, the owner of the crane has allegedly been cited for violations in the past.  According to DFW.CBSlocal.com, “[i]n the past decade, OSHA has cited the…owner of the crane that collapsed killing a woman in Dallas Sunday, with 17 safety violations.”

Read Our Legal Take below to learn whether Kiersten Smith’s family, as well as any other injured victims, may have an avenue to justice.

Our Legal Take

Moving large, heavy loads is crucial to today’s manufacturing and construction industries. Much technology has been developed for these operations, including careful training and extensive safety  precautions and procedures. When operated with a focus on safety, cranes are vital pieces of equipment. When they’re used or maintained carelessly, they can be a serious hazard to people and property. The Murray Law Firm questions the safety measures provided by the owner of the crane, and whether this tragic incident may have been prevented. Relevant factual and legal inquires include, but are not limited to:

  • Was the crane installed properly?
  • Was the crane properly prepared for a severe weather system?
  • Was the crane up to date on certifications? 
  • Were operating functions checked daily to ensure that everything is working properly and that there are no defects or cracks in the support members?
  • Were any attempts made to service, repair, or replace the crane prior to the incident?

Generally, crane owners are required to protect all from any foreseeable harm. Should the facts of this matter reveal that the crane owner failed to provide adequate safety measures to protect individuals from foreseeable harm, the family of the Kiersten Symone Smith may seek justice and elect to pursue legal claims for her wrongful death.  In addition, any other injured victims may seek justice and elect to pursue legal claims for their injuries and suffering.

Based upon its prior successful experience in handling safety negligence claims on behalf of victims and their families, The Murray Law Firm suggests that photographs and a thorough, unbiased inspection of the property will need to be performed immediately, before any evidence may be repaired, damaged or destroyed. Given the complexities of pursuing a negligent safety case, it is imperative that Kiersten Symone Smith’s family and any other injured victims retain an experienced attorney who can ensure the preservation of any and all evidence that may support such a claim.

OUR RESULTS: OVER $100 MILLION IN VERDICTS AND SETTLEMENTS

The Murray Law Firm has a long history of representing victims of safety negligence.  We have obtained over $100 Million in verdicts and settlements for our Clients, including a $29.25 million dollar verdict for a victim of an unsafe property. We offer our legal assistance, if desired.

We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover.  Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

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DISCLAIMERS:  The information contained in this post is from secondary sources and may therefore contain inaccuracies. We will gladly correct or remove this post upon request.  The material contained in this post is not intended to constitute legal advice. As each Client is unique, please contact us for a free consultation on your particular case.  “Contingent attorneys’ fees” refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.

Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!

You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:

ABA Center for Professional ResponsibilityA LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.

– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.

If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.

DISCLAIMERS:
The information contained in this post is from secondary sources and may therefore contain inaccuracies. We will gladly correct or remove this post upon request. 
 
The material contained in this post is not intended to constitute legal advice. As each Client is unique, please contact us for a free consultation on your particular case.
 
“Contingent attorneys’ fees” refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Escalators-258x300Thousands of families will flock to malls this holiday season. While it can be a magical experience for children, festive store displays and bustling crowds can create or compound risks for young shoppers. Parents Magazine urges families to consider the following mall safety strategies:

Store Display Safety Strategy:

  • Play it safe — don’t let your child poke around displays and platforms. “Not all stores secure their mannequins and displays,” says Denise Dowd, M.D., chief of injury prevention at Children’s Mercy Hospitals and Clinics, in Kansas City, Missouri. “That means they can easily topple over.”
  • Discourage exploration. Your child may think that crawling underneath a display or clothing rack is tons of fun, but she could accidentally pull the whole thing down on top of her. Don’t let her reach for anything on a table above her sight line either — she might knock over heavy objects or cause the table to tip over.

Shopping Cart Safety Strategy:

  • Keep your kid out of the basket. Buckle her into the fold-down seat of the cart instead (just make sure the safety belt works).
  • Never allow your child to ride on the side or back of the cart.
  • Don’t place your baby carrier on top of the cart. The weight of the carrier may make it tip over.
  • Always stay within arm’s reach of your child when you go shopping — it only takes a second for her to fall or a cart to tip while your back is turned.

Escalator Safety Strategy:

  • Hold your child’s hand so you can guide him on and off the escalator and make sure that his fingers don’t get stuck in the gaps of the escalator’s handrail.
  • Tell your child to stand still and face forward. If he sits on the steps, his fingers and feet are closer to the escalator’s rotating parts.
  • Got a stroller? Take the elevator instead.
  • Check your child’s clothing. Make sure his shoelaces are tied, and don’t let him drag his coat or scarf on the ground….If your child gets stuck, hit the escalator’s emergency stop button (it’s usually at the top and bottom of the escalator), or yell at someone to do it for you if you aren’t near it.
Elevator Safety Strategy:
  • Never try to stop the doors from closing with your arm, foot, bag, or stroller.
  • Mind the gap. Make sure that the elevator is level with the floor before you exit. Your child could trip, or his foot could get stuck in the gap.
  • Stand at the back of the car if possible. Never let your child touch or lean on the elevator doors — that’s where most injuries happen.

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AutumnFamily-200x300As families prepare Halloween trick-or-treating plans and costumes, SafeKids Worldwide stresses the importance of also preparing safety strategies:

Walk Safely

  1. Cross the street at corners, using traffic signals and crosswalks.
  2. Look left, right and left again when crossing and keep looking as you cross.
  3. Put electronic devices down and keep heads up and walk, don’t run, across the street.
  4. Teach children to make eye contact with drivers before crossing in front of them.
  5. Always walk on sidewalks or paths. If there are no sidewalks, walk facing traffic as far to
    the left as possible.  Children should walk on direct routes with the fewest street crossings.
  6. Watch for cars that are turning or backing up. Teach children to never dart out into the street or cross between parked cars.

Trick or Treat with an Adult

  1. Children under the age of 12 should not be alone at night without adult supervision. If kids are mature enough to be out without supervision, they should stick to familiar areas that are well lit and trick-or-treat in groups.

Keep Costumes Both Creative and Safe

  1. Decorate costumes and bags with reflective tape or stickers and, if possible, choose light colors.
  2. Choose face paint and makeup whenever possible instead of masks, which can obstruct a child’s vision.
  3. Have kids carry glow sticks or flashlights to help them see and be seen by drivers.
  4. When selecting a costume, make sure it is the right size to prevent trips and falls.

Drive Extra Safely on Halloween

  1. Slow down and be especially alert in residential neighborhoods. Children are excited on Halloween and may move in unpredictable ways.
  2. Take extra time to look for kids at intersections, on medians and on curbs.
  3. Enter and exit driveways and alleys slowly and carefully.
  4. Eliminate any distractions inside your car so you can concentrate on the road and your surroundings.
  5. Drive slowly, anticipate heavy pedestrian traffic and turn your headlights on earlier in the day to spot children from greater distances.
  6. Popular trick-or-treating hours are 5:30 p.m. to 9:30 p.m. so be especially alert for kids during those hours.

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Hundreds of Miami Northwestern High School students held a peaceful walkout to protest gun violence following a Liberty City apartment shooting, which claimed the lives of two of their classmates and left two others injured.

According to CBS Miami, “The students are angry and upset about continuing gun violence in their neighborhood, which took two more lives Sunday including 17-year-old Northwest Senior High student Kimson Green and former student Ricky Dixon, 18….Another Northwestern High 12th grade student and an unidentified fourth person both survived.”

The young victims were apparently sitting on the lawn outside a row of apartments when gunfire erupted. The tragedy is part of “an escalating wave of violence” in the community, per CBS Miami reports.

Preventing Youth Violence

The CDC has released a group of strategies to help communities and states sharpen their focus on prevention activities with the greatest potential to prevent youth violence and its consequences. Read the full report here.

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(CDC)

Victims of Miami Apartment Violence: Know Your Rights

Families should not be afraid in their own homes. While community leaders and law enforcement work to end violence in the Liberty City and Brownsville neighborhoods, local apartment owners must do their part to deter crime and protect residents. Apartment residents and guests have a right to be safe and secure while on the premises.  By law, apartment owners and management companies have a duty to protect residents from any foreseeable harm. For example, should an apartment owner have knowledge of prior violence and criminal activity in the surrounding area, they must take reasonable steps to protect residents and deter future crime. Additional security measures may include gated-entry, fencing, bright lighting, security patrols, surveillance cameras, emergency call boxes, and off-duty police patrols. Should a property owner fail in this critical duty, they may be held civilly liable for any injuries or deaths which occur as a consequence.

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Gym parking facilities present inherent security challenges as they often operate during dark, early morning and late night hours. Further, gym parking facilities frequently occupy a large space with low levels of activity and numerous hiding places for would-be attackers. While gym and parking facility owners are required by law to protect patrons from any foreseeable harm, Montgomery Chief of Police and former Secret Service agent, Jim Napolitano, urges patrons to take security precautions of their own.

KPRC Channel 2 asked Chief Napolitano to show patrons:

What To Do If Someone Is Waiting for You In the Gym Parking Lot

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(Video: KPRC 2)

Chief Napolitano’s Top 4 Safety Tips for Parking Lot Safety:

  1. Check your surroundings.
  2. Keep a safe distance between you and strangers.
  3. Create a path for movement.
  4. If it doesn’t feel safe, go back inside. Don’t go to your car.

Victims of Gym and Parking Facility Violence: Know Your Rights

Gym and parking facility patrons have a right to feel safe and secure while on the premises of the establishment they are visiting. By law, property owners are required to protect all patrons legally on the premises from any foreseeable harm. For example, should a gym owner have knowledge of prior violence on or near property, they have a responsibility to implement additional security precautions to protect patrons and deter such crime. Should a gym owner fail in this critical responsibility, they may be held civilly liable for any injuries or wrongful deaths which occur as a consequence.

Can I Afford an Attorney?

Our Clients frequently come in concerned that they won’t be able to afford legal help. We believe everyone has a right to exceptional legal service. We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover. This means our interests are always tied to that of our Clients. Be sure to ask any potential personal injury attorney about their fee schedule and whether they represent Clientele on a contingency basis before signing a contract.

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A deadly shooting outside an Albuquerque laundromat tragically claimed the life of Cody Fair Saturday, April 14, 2018, per KRQE reports.

The incident underscores the critical need for all parking lot and laundromat owners to provide a safe and secure premises for their patrons.

Industry experts with Coinomatic urge laundromat owners to take a proactive approach to customer and employee safety by:

  • Communicating with local law enforcement and business owners and monitoring crime mapping sites
  • Installing surveillance cameras and alarm systems
  • Keeping windows unobstructed and premises (inside and out) brightly lit
  • Implementing a credit card or smart card laundry vending system to reduce cash flow on property
  • Providing employees workplace violence training

Patron Rights and Property Owner Responsibility

Parking lot and laundromat patrons have a right to be safe and secure while on the premises of the establishment that they are visiting. By law, property owners have a duty to protect patrons from any foreseeable harm.

Laundromat owners are encouraged to implement property security precautions and preventative measures, such as those outlined above, to protect patrons and reduce property violence, injuries and deaths.

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