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Wal Mart Toddler Injury

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Veranor

Member
What is the name of your state (only U.S. law)? Texas

Hello all. I'm currently researching what my next steps are for handling my situation. This is my first post, so please if I have broken terms of this board, do let me know so I will not make the same mistake again.

My wife, who is 7 months pregnant, and my 4 year old son went to Wal Mart with a neighbor to run some errands. They checked out at register 17, where the cigarettes are (my neighbor smokes, but I'm not sure if that was the reason they went through that line). Immediately past the register is a metal gate separating customers / cashier from the boxed-in area.

Apparently there was a hole within the metal base, where a kid could stick their finger. There were no safety warnings or measures put in place to prevent it. He stuck his finger in the gate and either him or someone else (I was not there) moved the gate around, and it began to cut his finger up. By the time my wife and neighbor got over there, he had a deep gash going through the top of his finger and curving through his finger nail. He began to bleed profusely, saturating some napkins, covering the floor, and even part of my wife's clothes.

My wife involved the manager, who immediately filed an incident report and provided her with a copy. He informed her that someone would call the next day. Despite that, she rushed him to the local hospital's emergency room due to all the blood. The doctor took a look, said that there would be no point for stitches, and promptly got an X-Ray. He said that he saw an anomaly near the top of his finger, but could not tell if it was a fracture. He also said that because of the nature and location of the cut, there would be no purpose served in getting stitches, and the skin / nail would simply fall off.

Prior to leaving for the hospital, the neighbor shot several close up photos of the metal base. There was no top to it, and sharp metal innards were exposed there. The hole was big enough for a toddler to put their index finger in it. After leaving the hospital, I went home to retrieve my camera and got several more pictures of the metal base, including a downward view of the exposed top, showing all of the metal inside. There were no safety measures put in place in the time that elapsed.

Right now I'm still conducting some reesearch, but I'm under a distinct feeling I should play "good 'ol country boy" with the rep and explain that I'm just not sure and might need to talk to a legal advisor about this, despite what kind of negotiation they might offer. This is my first dance with this kind of issue, so I'm not sure what's appropriate in this situation.

Does anyone have some informal guidance I can process so I can make a more informed decision? I would appreciate any help.
 
Last edited:


Mass_Shyster

Senior Member
I should play "good 'ol country boy" with the rep and explain that I'm just not sure and might need to talk to a legal advisor about this, despite what kind of negotiation they might offer.
Don't mention a lawyer until you've got an offer. They may simply respond "Then have your lawyer contact us" and cut off communication until you admit that you don't have a lawyer. It's best to say less.

Does anyone have some informal guidance I can process so I can make a more informed decision? I would appreciate any help.
Wal*Mart has a reputation of making an offer and not budging. If you refuse their offer, they will fight you tooth and nail.

If you choose to reject their offer and sue, you want an attorney experienced with Wal*Mart.
 

JustAPal00

Senior Member
I would wait until your childs injury is completely healed and you've established if there is any permanent damage before doing anything. I would expect at minimum all medical expenses paid. If his finger is ok, maybe they'll give him a nice gift card so Christmas can come early this year.
 

Veranor

Member
It looks like the claims person already contacted my wife. I'm going to follow up. Thank you for all the help I will take your suggestions into consideration.
 

Veranor

Member
Okay so the latest update in this is that the claims manager (this escalated to Bentonville HQ / US Claims Manager) said it has to be investigated by an adjuster, but its very likely there will be no compensation, given that there was no negligence by Wal Mart.

Can I post links to the pictures here so that everyone can see what I am talking about?

There is absolutely negligence here and I am working to get pictures from other Wal Mart locations to confirm.
 

Silverplum

Senior Member
Okay so the latest update in this is that the claims manager (this escalated to Bentonville HQ / US Claims Manager) said it has to be investigated by an adjuster, but its very likely there will be no compensation, given that there was no negligence by Wal Mart.

Can I post links to the pictures here so that everyone can see what I am talking about?

There is absolutely negligence here and I am working to get pictures from other Wal Mart locations to confirm.
What's the negligence, in your opinion?

I have an opinion, myself, but I'm interested in yours.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? Texas

My wife, who is 7 months pregnant, and my 4 year old son went to Wal Mart with a neighbor to run some errands. They checked out at register 17, where the cigarettes are (my neighbor smokes, but I'm not sure if that was the reason they went through that line). Immediately past the register is a metal gate separating customers / cashier from the boxed-in area.

Apparently there was a hole within the metal base, where a kid could stick their finger. There were no safety warnings or measures put in place to prevent it. He stuck his finger in the gate and either him or someone else (I was not there) moved the gate around, and it began to cut his finger up. By the time my wife and neighbor got over there, he had a deep gash going through the top of his finger and curving through his finger nail. He began to bleed profusely, saturating some napkins, covering the floor, and even part of my wife's clothes.

My wife involved the manager, who immediately filed an incident report and provided her with a copy. He informed her that someone would call the next day. Despite that, she rushed him to the local hospital's emergency room due to all the blood. The doctor took a look, said that there would be no point for stitches, and promptly got an X-Ray. He said that he saw an anomaly near the top of his finger, but could not tell if it was a fracture. He also said that because of the nature and location of the cut, there would be no purpose served in getting stitches, and the skin / nail would simply fall off.

Prior to leaving for the hospital, the neighbor shot several close up photos of the metal base. There was no top to it, and sharp metal innards were exposed there. The hole was big enough for a toddler to put their index finger in it. After leaving the hospital, I went home to retrieve my camera and got several more pictures of the metal base, including a downward view of the exposed top, showing all of the metal inside. There were no safety measures put in place in the time that elapsed.

Right now I'm still conducting some reesearch, but I'm under a distinct feeling I should play "good 'ol country boy" with the rep and explain that I'm just not sure and might need to talk to a legal advisor about this, despite what kind of negotiation they might offer. This is my first dance with this kind of issue, so I'm not sure what's appropriate in this situation.

Does anyone have some informal guidance I can process so I can make a more informed decision? I would appreciate any help.
Guess what is *my* opinion on "negligence" here?

Was the 4-year-old supposed to "read" some signage (that you say was not there) to prevent his finger injury?

Was the checkout clerk responsible for watching your child?

Keep guessing...:cool:
 

Proserpina

Senior Member
Guess what is *my* opinion on "negligence" here?

Was the 4-year-old supposed to "read" some signage (that you say was not there) to prevent his finger injury?

Was the checkout clerk responsible for watching your child?

Keep guessing...:cool:


Oh pick me, pick me!
 

JustAPal00

Senior Member
Okay so the latest update in this is that the claims manager (this escalated to Bentonville HQ / US Claims Manager) said it has to be investigated by an adjuster, but its very likely there will be no compensation, given that there was no negligence by Wal Mart.

Can I post links to the pictures here so that everyone can see what I am talking about?

There is absolutely negligence here and I am working to get pictures from other Wal Mart locations to confirm.
Post away!
 

Veranor

Member
So what you're basically telling me is that a post like this (link attached) is negligence upon the mom?

I'm sorry but I disagree. The reason I do is because you cannot sit there and watch your child at the same time you reach into your wallet to pull out correct payment for the goods you have purchased.

Once more, there is no sign there, and there was no safety warnings. Why don't you guys just take a look at the pic.

Forgive me, but you've thrown me a little bit on the defensive. Your assumptions are that my wife was negligent, but there are several witnesses who specifically note that my wife was not being negligent. I actually have copies of their statements.

First pic (of the gate base)
Image 1

Second pic (zoomed out from the gate... no signs... several hours after incident)
Image 2

Regardless, our family attorney contacted me back in relation to the pictures, and the only thing is that if all wal mart locations have gates that look exactly like that, I don't have a case. But if they aren't the same, then it is a safety hazard.

To simply state negligence on a 7 month pregnant mother is ignorance.
 

Proserpina

Senior Member
So what you're basically telling me is that a post like this (link attached) is negligence upon the mom?

I'm sorry but I disagree. The reason I do is because you cannot sit there and watch your child at the same time you reach into your wallet to pull out correct payment for the goods you have purchased.

Actually, yes - you can. Millions of parents do it. If you know your toddler has a tendency to wander - and this behavior doesn't happen overnight - then there are steps the parent can take to ensure the child cannot wander away.

Once more, there is no sign there, and there was no safety warnings. Why don't you guys just take a look at the pic.

Forgive me, but you've thrown me a little bit on the defensive. Your assumptions are that my wife was negligent, but there are several witnesses who specifically note that my wife was not being negligent. I actually have copies of their statements.
I'd hazard that none of the witnesses are actually familiar with what would or would not constitute negligence in this context.

First pic (of the gate base)
Image 1

Second pic (zoomed out from the gate... no signs... several hours after incident)
Image 2

Regardless, our family attorney contacted me back in relation to the pictures, and the only thing is that if all wal mart locations have gates that look exactly like that, I don't have a case. But if they aren't the same, then it is a safety hazard.

To simply state negligence on a 7 month pregnant mother is ignorance.

The fact remains - the parent is, and was, responsible for ensuring the child stayed put. This isn't a personal attack, so there is no need to be defensive. It's a simple statement of legal fact.

I wonder how familiar your attorney actually is with personal injury law, since it appears quite clear that Walmart was not negligent here.

Kids poke things. Kids have accidents. An accident does not a million dollar lawsuit make.
 

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