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Thread: WalMart Injury

  1. #1
    dpuso12 is offline Junior Member
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    WalMart Injury

    What is the name of your state? Louisiana

    I was going to Walmart at 3am and there was a man cleaning the parking lot with a blower. He was not paying attention and instead of blowing away from me or holding off until I passed he continued waving the blower back and forth directly hitting me. The dirt and debris hit me with full force across me face and in my eyes. I could not even open my eyes for a few minutes because they hurt and burned so bad. I went in and asked for the supervisor who took about 10 minutes to get to customer service annd filled out a report. He asked me if I needed a doctor and I said "Yes" but all he did is take the report and hand me a phone # saying risk management will contact me within 24hrs. The form asked for any witness but I couldn't see at the moment so who knows at 3am who was around. The guy that was blowing the driveway came in saying..." I knew she was gonna do this... If she is gonna tell her side of the story I am gonna tell mine". Guess I don't need a witness since he gave his side of the story admitting at least something happened. I went to the hospital directly after and they told me I have corneal abrasions in both my eyes. It took risk management more than 24hrs to contact me since this happened at 3am on Saturday morning. They said that if it is a contracted person cleaning the parking lot they will put me in contact with their insurance. I thought that Walmart is responsible for who they subcontract and that they could recoup whatever damages they pay from the other insurance and were ultimatly liable to take care of damages. Is this the case or will I have to deal with the subcontracted persons insurance?

    I am not looking for a payday here ... I am just concerned about Dr. bills and the pain it caused for a few days.
    Last edited by dpuso12; 02-25-2008 at 01:01 PM.
  2. #2
    seniorjudge is offline Senior Member
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    You left out something: Did you suffer serious and permanent physical injuries?
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    dpuso12 is offline Junior Member
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    Corneal abrasions in both eyes is what the doctor said and eyes usually heal themselves fairly quick. I am not looking for a big ol payday. I reported the injury because I had to go get my eyes checked immediatly. They hurt and burned so bad it scared me. Hopefully this man will be more carefull so there is no next time with someone else.
  4. #4
    Zigner is offline Senior Member
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    You can expect to have your out-of-pocket medical expenses paid.
  5. #5
    dpuso12 is offline Junior Member
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    Yes I know... I am sure someone will pay for Dr. bills... My question is... are they the liable party or is the people, person or company they sub-contracted the one I have to deal with. I thought Walmart is responsible and they are also responsible for who they contract to handle odd jobs ect...
  6. #6
    seniorjudge is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    You can expect to have your out-of-pocket medical expenses paid.
    And Wal-Mart should pay them.

    Google law of agency for more info.
    There are two rules for success:

    (1) Never tell everything you know.
  7. #7
    dpuso12 is offline Junior Member
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    OK Thank you. I know now that if they try to pawn me off on the insurance company of the person they sub-contracted they are wrong. Walmart should be handling this. Correct me if I am wrong.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by dpuso12 View Post
    OK Thank you. I know now that if they try to pawn me off on the insurance company of the person they sub-contracted they are wrong. Walmart should be handling this. Correct me if I am wrong.
    Right or wrong...if the insurance company of the sub agrees to compensate you, then it really doesn't matter, does it?
  9. #9
    brianMedine is offline Junior Member
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    Where the money comes from is not the questions here, but rather who 'should' be responsible. I don't know this for certain, but if memory serves me Walmart doesn't actually own the parking lot, and as such, they don't do the contracting for the grounds keeping. Maybe I'm wrong and that only applies to strip malls and the like, but I do believe walmart only rents the land they build upon, just like any other commercial space?
  10. #10
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    Quote Originally Posted by dpuso12 View Post
    Yes I know... I am sure someone will pay for Dr. bills... My question is... are they the liable party or is the people, person or company they sub-contracted the one I have to deal with. I thought Walmart is responsible and they are also responsible for who they contract to handle odd jobs ect...
    If Wal-Mart contracted that service out, there is a good chance you will have to deal with the contractor. There are exceptions, but the general rule is that one who hires an independent contractor is not liable for his negligence.

    Fortunately, it's also quite possible that the contractor will accept responsibility without issue so as not to disturb its relationship with Wal-Mart.
  11. #11
    Katie_Jo is offline Junior Member
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    I recently sustained an injury at a store like walmart and went in to talk to a lawyer. We discussed my case and he also told me about some similar cases that he had. He did mention one that happened at a walmart in our local area and said that even though they are one of the biggest chains out there they didn't have liability insurance. I don't know if each individual walmart has the choice to pick that up or not - but maybe just something to think about - they may be trying to push you off on someone else because they do not have the insurance to cover your injury......
    but I would do some more digging because they may also be some validity in the fact that the cleaning company is responsible
  12. #12
    CourtClerk is offline Senior Member
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    I'm still stuck on why does it matter who is responsible and who is going to pay the bills, so long as they get paid???? The money could come from WalMart, the subcontractor or the tooth fairy in quarters. Wouldn't matter to me, so long as every bill got paid.

    Now when it would matter is when I'm looking for the payday I keep trying to convince myself I'm not looking for because WalMart would be much larger and have much more money than Joe Schmo parking lot cleaning agency.

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