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walmart injury

Discussion in 'Accidents, Injuries, Negligence' started by robert smith, May 13, 2020.

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  1. robert smith

    robert smith Law Topic Starter New Member

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    Jurisdiction:
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    the cart corral at Walmart was empty with carts outside so i grabbed one and ducked under the open garage door and a piece of metal was sticking down and ripped my head open , 6 staples. I tried to work with them but to no avail. I have over 1000.00 bucks in doctor bills after insurance.Do i have a case? thanks
     
  2. Zigner

    Zigner Well-Known Member

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    A case for what? Did you damage their property by your failure to use due care?
     
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  3. mightymoose

    mightymoose Moderator

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    You should not have ducked under their doors. Why should they be responsible for you doing something you clearly should not have done?
    If you had climbed up on their roof and fell off would they be responsible?
     
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  4. army judge

    army judge Super Moderator

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    My 2¢ worth suspects that Walmart's position is that any injury you suffered was because you chose to enter an area that wasn't supposed to be used by guests.

    I'm guessing if Walmart has refused to throw $500 or $600 your way, they believe if you sue them their lawyers can convince a judge that you chose to assume the risk related to the "shortcut" you chose to use.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    A case of what?

    Was there something that prevented you from seeing the "piece of metal [that] was sticking down"?

    And please explain how it is that you were ducking under a garage door at a retail store.
     
  6. shrinkmaster

    shrinkmaster Well-Known Member

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    As a Loss Prevention Professional I have seen cases like this. In every case (I observed) the customer was shown at fault because he/she chose to enter a area NOT for customer use! You are free to pursue a case but as stated above if they dont offer a gift card or the like you will likely have to spend money on an Attorney with a likelihood you will NOT prevail and still have to pay your Lawyer.
     
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  7. zddoodah

    zddoodah Well-Known Member

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    One additional point. Standard commercial general liability insurance includes a component that will pay some amount (commonly $5k or $10k) for medical expenses relating to an injury that occurs on the insured premises, regardless of legal liability.
     
  8. Zigner

    Zigner Well-Known Member

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    It would be better called a roll-up door.
     
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  9. zddoodah

    zddoodah Well-Known Member

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    I can speculate as well, but he inquiry was directed to the OP, and I'm assuming you have no information about this situation beyond what's in the original post.
     
  10. Zigner

    Zigner Well-Known Member

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    Nope, just a bunch of real-world experience with the cart doors that lead from the outside to the inside of the dozens of Walmarts I've visited ;)
     
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  11. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Walmart is self insured.
     
  12. robert smith

    robert smith Law Topic Starter New Member

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    I understand i should have not ducked under the open roll up door. people were crazy grabbing carts and i was getting out of the way ( beginning of corona out break ). The wind screen that holds back people and keeps the condition air from blowing outside was torn and there was no (do not enter ) or (watch head) sign . No biggie , no need in making me feel like more of a dumb ass. thanks
     
  13. Thea

    Thea New Member

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    Was there a sign that said "Not an Entrance" or "Not for Customer Use"? Don't assume every customer has the common sense to enter a specific door or entrance or to know what areas of a store are off limits.
     
  14. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Please don't revive old posts.
     

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