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Walmart Accident

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csporluck

Member
State: Illinois

Saturday my wife and her father's family went to get photo's done of our 7 month old daughter, and 5 generations from that side of the family.

Walmart's photographer's area was actually out of code, and wasn't setup to accomodate people sitting and moving through, let alone with a child or infant being carried. Because of this setup my wife tripped, and ended up dropping our daughter on her head and back. I know it's out of code because my father-in-law is the Commercial Planning official for the city, and was there when it happened. Walmart paid the ER bill, including CT scans, etc... They've admitted they were at fault even... the scans at the ER came out okay... but that doesn't mean devolopmentally she won't have future problems. I'm telling my wife we need to get a lawyer in case anything down the road happens that can be linked to this sudden trama...

WALMART did accept responsibility for this happening. They were out of code for safety. Unfortunately I wasn't there, or even in the same state right now. Do I need to use an illinois lawyer, or can I use one from my colorado (we're living here)
 


stephenk

Senior Member
Since everything is okay with your daughter how do you believe you are going to prove that your daughter has some unknown brain damage that may affect her 20 years from now? Be glad she is okay and her medical bills have been paid.

What caused your wife to trip in the first place?
 

csporluck

Member
The Photographer had toys laying in the aisle area in a box, and they weren't in the box all that well, so they fell out. The aisle was also very narrow with people waiting on one side, while people tried to pass. Definite Fire and Safety Hazard.

Oh, I don't mean 20 yrs down the road.. I mean the next few months while she's in this early development.
 

stephenk

Senior Member
"The aisle was also very narrow with people waiting on one side, while people tried to pass. Definite Fire and Safety Hazard."

All that means is that if you decide to file a lawsuit your wife is going to be hit with a cross-complaint for comparative negligence for not watching where she was going while carrying your child.

Being out of code for fire and safety reasons does not mean your wife will get a free pass for not being careful.
 
it is not worth it

A member of my family once sued walmart and they had a good case but trust me it isn't easy to win a case against walmart because many people had good cases and still didn't collect a dime because walmart has full time powerful lawyers and they will stop at nothing to win a lawsuit. once a customer in a walmart suffered a broken neck from merchandise falling on her head and she had a hell of a time with the case because walmart claimed that she came in the store with a broken neck. it just isn't worth it to sue walmart because even when they lose a case they will appeal and drag it out because most people do not have the money to keep a case ongoing against them and they know it. most people give up because they run out of money
 

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