Robbed and Kidnapped at Walmart

[MissJ]

What is the name of your state (only U.S. law)? Florida
I would like to find out quickly If I even would have a case.
As of right now I am looking to see if possible filing a civil suit at least against Walmart "NO SUPRIZE" of its neglagent means of protecting its customers

I was shopping at Walmart tuesday moring in New Smyrna beach FL
and When I came out of the store were my car was parked smack in the middle of walmarts parking lot, 2 men were waiting for me in there car next to mine, as I was putting my 3 year old in my car One of the guys came at me and threatened me with his gun and kidnapped me queitly . He got into my car and his acomplace folling in the getaway car behind me . He led me out of the Walmart lot to go Rob a bank.
This was the worst moment of my life Trembling in fear thinking they are going to kill me and my son. Long story short I managed to talk my way out of the whole thing with out any physical harm but mentaly I am a wreck and am seeking counciling. I will never go to another walmart agian .
Target has security so walmart should too... I also know this has happend at this walmart location before but a night not in Broad daylight... The police are waiting on the video footage to put on Fox 35 orlando news tonight .
I obtained reciepts to also prove what time I was in there and at that location.

Do I have a case?
From discusted with walmarts

[>Charlotte<]

Wal-Mart is not responsible for what happened to you.

If you feel Target is a safer place to shop than Wal-Mart, you should shop exclusively at Target; however, you are at risk of being robbed in Target's parking lot, too. If that happens, Target won't be responsible either.

[mlane58]

Originally Posted by MissJ

As of right now I am looking to see if possible filing a civil suit at least against Walmart "NO SUPRIZE" of its neglagent means of protecting its customers

Just how is Walmart negligent? They are under no legal obligation to protect you or any other customer, especially in the parking lot.

I will never go to another walmart agian

That's your choice.

Target has security so walmart should too...

They don't do a better job just because they have security and I would bet they are not armed either. That's your opinon and it's only that an opinon.

I also know this has happend at this walmart location before but a night not in Broad daylight... The police are waiting on the video footage to put on Fox 35 orlando news tonight.
I obtained reciepts to also prove what time I was in there and at that location.

So what!

Do I have a case?

No and quit looking for the lotto win!

[Gail in Georgia]

Interestingly, the same thing almost happened to a co-worker of mine...in a Target parking lot.

Other customers nearby hollered out "hey! what are you doing" to the two males approaching her car, causing both to flee.

Never once did she even consider suing Target.

Gail

[JETX]

Originally Posted by MissJ

As of right now I am looking to see if possible filing a civil suit at least against Walmart "NO SUPRIZE" of its neglagent means of protecting its customers

I also know this has happend at this walmart location before but a night not in Broad daylight.

Now for a legally ACCURATE answer instead of the ignorant crap you got!!

If this has happened at THAT specific Walmart before, it is likely that a finding could be made that they were AWARE of the risk and failed to take steps to mitigate that risk. If that is the case, Walmart MIGHT be found negligent.

I suggest you talk with a local attorney about the specifics and he/she can research as to whether they were negligent in removing or minimizing a known hazard or risk.

[url=http://www.wftv.com/crime/19062506/detail.html#-]Wal-Mart Shopper Kidnapped, Robbed - Crime News Story - WFTV Orlando[/url]
[url=http://www.msnbc.msn.com/id/30004458/]Police: Woman Kidnapped From Walmart Lot - News- msnbc.com[/url]

[MissJ]

Originally Posted by mlane58

Just how is Walmart negligent? They are under no legal obligation to protect you or any other customer, especially in the parking lot.

That's your choice.
They don't do a better job just because they have security and I would bet they are not armed either. That's your opinon and it's only that an opinon.
So what!
No and quit looking for the lotto win!

No I said civil suit.

[MissJ]

Thankyou for your informed educated response, After going through all that I get those kind of answers..
Anyhow Im not looking for money .
Sadly this walmart has had these mishaps before and they have not updated there servalience wich is hours off and is only Tape. I think Hiring security would be for everyones protection not just the stores.
Of course people sue walmart all the time for the wrong reasons faking accidents. I surely could not fake what had happened to me there.


And Btw to the others thanks a bunch for asking if Im ok....

Originally Posted by JETX

Now for a legally ACCURATE answer instead of the ignorant crap you got!!

If this has happened at THAT specific Walmart before, it is likely that a finding could be made that they were AWARE of the risk and failed to take steps to mitigate that risk. If that is the case, Walmart MIGHT be found negligent.

I suggest you talk with a local attorney about the specifics and he/she can research as to whether they were negligent in removing or minimizing a known hazard or risk.

[url=http://www.wftv.com/crime/19062506/detail.html#-]Wal-Mart Shopper Kidnapped, Robbed - Crime News Story - WFTV Orlando[/url]
[url=http://www.msnbc.msn.com/id/30004458/]Police: Woman Kidnapped From Walmart Lot - News- msnbc.com[/url]

[ecmst12]

The chances of having any kind of case against Walmart whatsoever are EXCEEDINGLY slim. The duty they have to post security in their parking lot is minimal if anything. They don't have a duty to prevent crime, that's not possible. Don't go getting your hopes up because one poster out of many told you it might be theoretically possible for you to have a case.

[>Charlotte<]

Originally Posted by MissJ

Thankyou for your informed educated response, After going through all that I get those kind of answers...And Btw to the others thanks a bunch for asking if Im ok....

I'm not unsympathetic to what happened to you, I just said Wal-Mart isn't responsible. I'm sorry I didn't preface my response with two paragraphs of sad-smilies and huggy faces.

If you'll accept no opinion other than those that support your desire to sue, you should just cut to the chase and make an appointment with an attorney.

[VeronicaLodge]

she said she was considering a civil suit and then said she wasnt looking for money

so exactly what do you think you are going to get? civil suits are about money by the way.

[JETX]

For some reason you are getting a lot of crap and ignorance in your responses. As noted before, a legally ACCURATE response.

Walmart, nor any other merchant, has an inherent obligation to assure safety. However, once a security 'fault' has been found, the merchant and/or property owner has an obligation to remove the fault for the security of their customers/tenants. This is called 'PREMISE LIABILITY'. If there is a history of 'lack of sufficient security, lighting, etc.' they MUST mitigate that hazard/danger.
If the OP's post is correct in that there is a history of security problems at this location, it is likely that they are at fault.

Some similar 'at fault' circumstances:
1) Potholes in the parking lot that cause damage when hit. If management is aware of the hazard and they fail to remove the hazard, they could be liable for the damage of subsequent vehicles/persons.
2) Water spilled on floor. Management is noticed of the hazard and fails to remove the hazard. Someone slips and falls, management could be liable for injuries, etc.

The 'hazards' in this case could be mitigated by security patrols, warning notices, lighting, etc. and they (merchant or owner) COULD be found liable for negligence (failing to mitigate a KNOWN hazard).

For more on this (and to educate the ignorant), go to:
[url=http://www.cafelaw.com/premliab.html]Premises Liability Law (Negligent Security), by Mara Shlackman, Esq. and Jamie Finizio-Bascombe, Esq., Fort Lauderdale, FL[/url]

The KEY here would be that the merchant/owner MUST have prior knowledge of the risk and was negligent in removing or mitigating the risk/hazard.

[You Are Guilty]

Originally Posted by JETX

...
The KEY here would be that the merchant/owner MUST have prior knowledge of the risk and was negligent in removing or mitigating the risk/hazard.

You had me right till this part. FL recognizes constructive notice

But particularly since it's WM's insurer who will be paying any judgment/settlement, no civil suit is going to be able to get Wallymart to change its parking lot security.

[Zigner]

One would have to prove that a security guard would have prevented this...

[JETX]

Originally Posted by Zigner

One would have to prove that a security guard would have prevented this...

And of course, that is NOT correct!!

[Zigner]

Originally Posted by JETX

And of course, that is NOT correct!!

One would need to prove that a security guard would have prevented this if one wants to argue that a security guard should have been there AND that one is entitled to damages based on the failure to have a security guard.