The other day I was at Walmart, and I was pushing a cart into Walmart. I was going from the cross walk to go in the doors, when all of the sudden my cart came to a dead stop, and my son who was on the back of the cart flew off, my daughter was inside the cart and jerked back. All because the the sidewalk was cracked and raised. I went to a manager and they wouldn't even take a report. Could they be held responsible?
2007-04-24 16:21:38 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Only if serious injury happened. otherwise you would just be wasting your time and money.
2007-04-28 10:26:21 · answer #1 · answered by bongobeat25 5 · 0⤊ 0⤋
no. if the wheels fell off, or if there where any sharp points
on the cart that hurt the child. the responsibility is yours. guiding the cart safely into and out of the store is up to you.
the same logic can be applied to crossing the parking lot
and being hit by a car.
2007-04-24 23:51:36 · answer #2 · answered by barrbou214 6 · 1⤊ 0⤋
Short answer: Yes, they can be held responsible.
Long answer:
You'd have to prove that they didn't conduct a reasonable investigation of the premisise or that they knew about the crack and didn't do anything about it.
Further, even if you prove they knew or should have known about the crack, you have to show that they were unreasonable in not doing anything about it. Is it foreseeable that a small crack would cause an accident? That's a tough call.
Finally, even if you can prove that they knew/should have known about the crack and were unreasonable in not fixing it, you'd still have to find an attorney to take the case. Unless there was serious injury, it's doubtful an attorney would deem it cost effective to pursue the case.
Of course, none of the above substitutes for the advice of a lawyer. If you really feel strongly about it, contact a personal injury lawyer.
2007-04-24 23:33:34 · answer #3 · answered by dullnovember 1 · 0⤊ 2⤋
Probably not...the warning on the carts state to not let your children ride like you had them...this is called assuming the risk and pretty much a bar to almost all negligence claims. You can consult an attorney but unless you have a minority rule law in your state you can't sue them.
2007-04-25 00:31:08 · answer #4 · answered by Dr. Luv 5 · 1⤊ 0⤋
Only if you or your children were injured and required care.
Wal-Mart has top of the line lawyers. They will probably say you were irresponsible by allowing your child to be hanging off the back of the cart,which you were. Sidewalks can crack because of weather conditions.
They probably didn't take a report because there was no injury to report. I really don't think you have a case.
2007-04-24 23:45:36 · answer #5 · answered by Jan 7 · 2⤊ 2⤋
Additionally, you may consider how your children were situated in the cart. We're they properly secured in the child seat?
Anybody can bring a frivolous lawsuit. The question is whether or not you will win!
Best wishes.
2007-04-24 23:30:11 · answer #6 · answered by KC V ™ 7 · 2⤊ 0⤋
Considering you were the one in control of the cart....your kids may have a case against you, that's about it.
2007-04-24 23:27:47 · answer #7 · answered by evans_michael_ya 6 · 2⤊ 1⤋
first you have to prove your kids were injured and you paid to have them treated.....or they were so traumatized that your kids fear all grocery carts.
unless there is a long list of walmart customers who've had the same experience...........
best forget it
2007-04-24 23:29:44 · answer #8 · answered by Anonymous · 1⤊ 2⤋
WOW.... that is wrong! yes u can hold them responsible.. u should contact the corporate office...
To reach the Contact Center of Wal-Mart Stores, call 1-800-WALMART (1-800-925-6278), from 7 a.m. to 9 p.m. (CT) Monday - Friday, from 9 a.m. to 9 p.m. (CT) Saturday or from 1 p.m. to 6 p.m. (CT) Sunday.
To reach the home office, call 479-273-4000, from 7 a.m. to 5:25 p.m. (CT) Monday - Friday.
Or...
Mail questions or comments about our stores or home office to:
Wal-Mart Stores, Inc.
Attn: Customer Service
702 S.W. 8th Street
Bentonville, AR 72716
2007-04-24 23:31:25 · answer #9 · answered by Allyboombally 2 · 1⤊ 4⤋
Did any of you sustain an injury? If there is no injury, then there is no case. Accidents happen.
2007-04-24 23:25:37 · answer #10 · answered by Anonymous · 2⤊ 0⤋