We bought a drink at this honor system place where you put money in this box. There are no freaking cup holders on the buggies so we just had it in the cart. As she moved the cart the drink spilled and she slipped and fell and broke her wrist. By what means could we sue them?
2007-07-22 14:36:14 · 12 answers · asked by Jackawoose2002 1 in Politics & Government ➔ Law & Ethics
This is a perfect example of "Dumbth" that Steve Allen wrote about in his book. Your mother has absolutely no grounds for suing Wal-Mart. In no way was it their fault that she slipped and fell. It was an accident, the result of a chain of events that your mother started. This attitude that you should blame and sue someone else for mishaps caused by yourself (or in this case, your mother's moving of the cart too fast) is a pain in the butt for companies that do their best to make shopping safe for their customers. Get over it, tell your mother to suck it up, and both of you learn to take responsibility for your own actions in life.
2007-07-22 14:48:40 · answer #1 · answered by TitoBob 7 · 4⤊ 0⤋
You do not have much of a leg to stand on.
Walmart's probably has insurance, and if they determine that Walmart's was in any way responsible for your mother's accident, then they can pay for her medical expenses.
If you cannot convince Walmart's insurance company that Walmart was in any way negligent, then it is extremely doubtful that you can convince a judge or jury.
Now you can retain a lawyer. You will need to pay the lawyer for his services, in advance, whether you win the case or not. This lawyer cost could well be vastly in excess of mother medical expenses.
If you have correctly described the incident, then it was 99% your negligence in
* Carrying drinks in such a way that they ar risk of spilling
* Spilling
* then stepping in the spilled drinks
* losing balance
* not knowking how to fall in such a way that you do not get hurt
If I was on the jury, I would figure that it was a setup, that she broke her wrist deliberately for the reason of an excuse to sue Walmart's.
I am capable of walking the aisles of Walmart's drinking at same time, getting my purchases, not dropping them. Why not you?
2007-07-22 20:26:07 · answer #2 · answered by Al Mac Wheel 7 · 1⤊ 0⤋
She probably does not have a case. While walmart has a duty to provide a safe shopping environment - a lack of a cupholder on the cart is probably not good enough to show a breach of that duty. After all, your mom is the one who spilled the drink. It's not like it was a spill on the floor from someone else and walmart failed to clean it up in a timely manner, causing her to fall. Do you see the difference??
All walmart would have to argue is that no reasonable person would have put the drink in the cart and that it was forseeable that the drink would spill. With that argument they are off the hook! Hope that helps :0)
2007-07-22 14:45:31 · answer #3 · answered by lawgirl 2 · 4⤊ 1⤋
The only downfall to this claim is that Walmart wasn't negligent in the accident, your mom was. Walmart doesn't have to provide cup holders in the shopping carts. She should have been holding onto the drink.
2007-07-22 15:28:39 · answer #4 · answered by CJ 3 · 3⤊ 0⤋
Why did the drink spill? Because of your mom's negligence? You have not stated that Wal Mart or any of its employees were negligent. Did you report it to any of Wal Mart's employees or management?
Just because somebody falls in a store does not mean that the store is liable. There has to be some kind of a basis for that liability. There has to be negligence on the part of the employees or management of the store. There has to be some kind of "negligent design" of the store. If a slippery item falls on the floor and the employees or management have notice of it, they must clean it up in a reasonable manner.
We have a situation here where your mom caused the spill. And you want to sue because of her negligence?
2007-07-22 14:47:23 · answer #5 · answered by Mark 7 · 5⤊ 0⤋
You have got to be kidding?
Shopping carts are for loading goods into, not for balancing drinks in so how on earth can you blame Wal-Mart for the subsequent spill, let alone the broken wrist.
Have some integrity for crying out loud!
2007-07-22 14:43:59 · answer #6 · answered by ? 5 · 4⤊ 0⤋
Why do people see themselves as victims and refuse to take responsibility for their own actions. Where would we be today if our fore-fathers took this attitude when imigrating and pioneering across the continent?
2007-07-22 15:23:39 · answer #7 · answered by lanhill 3 · 4⤊ 0⤋
She spilled her drink, fell on it, and thinks that it would be ethical to sue the store?!?!?!?!
You're kidding, right?
2007-07-22 14:40:19 · answer #8 · answered by Anonymous · 4⤊ 0⤋
LOL Are you serious?
No she shouldn't sue. She's the tard that slipped in fell.
STOP THINKING YOU CAN SUE EVERYONE. GET A JOB.
2007-07-22 14:40:07 · answer #9 · answered by BabyQuestions 1 · 5⤊ 0⤋
they did not do anything wrong. it was your fault for the spill. your own spillage caused you fall
2007-07-22 20:22:02 · answer #10 · answered by charlsyeh 7 · 1⤊ 0⤋