Can I take any legal action against WALMART for what they put my 12 yr old girl thru?

[babbagene]

What is the name of your state?NJ

Hey guys I hope this post finds everyone in great health.
Heres my problem:
Tuesday night my wife and my 12 year old daughter went to WALMART to do some shopping at about 9:55 (the store closes at 10:00) my wife goes on the checkout line, but realizes she does not have the cell phone with her, so she sends my daughter out to the car (which was parked directly in front of the store), which I think was a very wrong thing to do anyways because of the way the world is these days. When my daughter tries to go back into the store the Walmart Doorman say" I'm sorry you cannot go back in the store , we are closed" My daughter than asks if she can page her mom , and again the Guard says "I told you we are closed"
My daughter tells him that her mom is inside the store and that she needs to get back in (my daughter had no coat on and on top of being scared was also freezing), the guard says I'm sorry we are closed you cannot re-enter the store! and then just turns away, and goes back into the front door.
My daughter calls me at our home from the cell phone and tells me that she is stuck outside and the guard will not let her back in, I tell her to put the man on the phone ,but he will not get on , she asks his name and he will not tell her, I tell my daughter to tell him you are on the phone with your dad and he said PLEASE let me in, The man replies that if I have a problem to call management "But i'm not letting anyone in". as this is going on I hear my wife screaming in the background at the man and the managemnent of the store.
My daughter was scared that should would not see her mom or dad anymore and also was scared that someone would abduct her, not to mention she was freezing.
I went down to the store but the Guard had already left , I spoke with the managers and we filed a police report.
Right now my daughter is still shook up and has a bad headache as I am writing this. I will probably take her to the doctor tomorrow.
From the story and the facts I have told you guys do you think I can take any legal action against the store? The doorman is a WALMART employee.
Please let me know what you think?
Thank you.

 

[john123456]

What is the name of your state?NJ

Hey guys I hope this post finds everyone in great health.
Heres my problem:
Tuesday night my wife and my 12 year old daughter went to WALMART to do some shopping at about 9:55 (the store closes at 10:00) my wife goes on the checkout line, but realizes she does not have the cell phone with her, so she sends my daughter out to the car (which was parked directly in front of the store), which I think was a very wrong thing to do anyways because of the way the world is these days. When my daughter tries to go back into the store the Walmart Doorman say" I'm sorry you cannot go back in the store , we are closed" My daughter than asks if she can page her mom , and again the Guard says "I told you we are closed"
My daughter tells him that her mom is inside the store and that she needs to get back in (my daughter had no coat on and on top of being scared was also freezing), the guard says I'm sorry we are closed you cannot re-enter the store! and then just turns away, and goes back into the front door.
My daughter calls me at our home from the cell phone and tells me that she is stuck outside and the guard will not let her back in, I tell her to put the man on the phone ,but he will not get on , she asks his name and he will not tell her, I tell my daughter to tell him you are on the phone with your dad and he said PLEASE let me in, The man replies that if I have a problem to call management "But i'm not letting anyone in". as this is going on I hear my wife screaming in the background at the man and the managemnent of the store.
My daughter was scared that should would not see her mom or dad anymore and also was scared that someone would abduct her, not to mention she was freezing.
I went down to the store but the Guard had already left , I spoke with the managers and we filed a police report.
Right now my daughter is still shook up and has a bad headache as I am writing this. I will probably take her to the doctor tomorrow.
From the story and the facts I have told you guys do you think I can take any legal action against the store? The doorman is a WALMART employee.
Please let me know what you think?
Thank you.

I think this post is a joke. Did it ever occur to you to tell your daughter to get back in the vehicle and lock the doors if she was so "scared?"

 

[babbagene]

Hey John , did it ever occur to you that its just as dangerous in a car by yourself when your a 12 yr old female. Hey John did it ever occur to you that WALMART should have let her back in the store when she said her mom was there? Hey John did it ever occur to you that she should have been alloewed to at least page her mom?
John , don't even bothering answering , I can see by your idiotic response that you have NO children of your own, and you also have NO brains!

 

[enjay]

Blame your wife for this one. She sent the child out into the cold without a coat and failed to do the right thing the second she saw that the kid couldn't get back in. Bad parenting. All she needed to do was leave the store when she saw that the store was closed and the kid couldn't get back in.

 

[rmet4nzkx]

Going into the store 5 minutes before it closes and sending your child out into the cold? Why wasn't she in her warm bed at 10 pm?
Make a complaint about the security guard if you want, but what are your damages?

 

[BelizeBreeze]

While management may change their policy to reflect a situation such as this, that does not mean you have any course of action which you do not. Wal-Mart is not your babysitter nor is it their responsibility to be a parent.

If anyone is legally liable it is your wife and the charge can and should be child endangerment. Count yourself lucky if she stays out of jail.

 

[stealth2]

I'll dupe my response in your other thread:

I don't think you're going to get far with it, to be honest. Your wife holds a decent portion of the responsibility for this situation - having the child out shopping at that hour, sending her out to the car in midwinter w/o a coat ALONE, etc. The security guard has probably heard the same story a million times, and it is store policy not to allow anyone in after a certain time. He was doing his job.

And I'll add - if it is so dangerous in your area for your 12 yo to wait in the car alone, wtf was your wife thinking letting her go out to the car alone in the first place? Are you going to sue her, too? What on earth could have been so pressing that Mom HAD to have her cell phone then and there?

 

[macneil]

You've GOT to be kidding.

This story is wrong on so many levels that I do not know where to begin.
I'd like to sue your wife for sending your young daughter out of a store at 10:00 closing time at night in freezing dark weather in an area where it is too dangerous for your daughter to be locked in a car.
Lets examine the thought process: Mrs. (yourwife) is rushing to the checkstand and pauses for thought: Hmmmmmm, I don't have my cell phone with me and I may want to call somebody betgween here and my car. It's time for the store to close. It is freezing cold outside. It's dark outside. The average WalMart parking is very big and we usually don't get a parking space right up front and my daugheter is very young and not wearing any reflective clothing and we are in an area of town where it is too dangerous for a child to be in a car unattended. I guess the best thing I can do in this situation is to send her out to the car to get the cell phone for me."
Oh ...... oh .... oh ...... and then you have the audacity to to try and run the "let's get us some money outta this thing routine.
Sorry to fly off but call me Seething In Seattle.

 

[LegallyConfused]

I guess I'll play the devils advocate here. I trust that after reading everyones posts you at least have the idea in your head that your wife was as much at fault as anyone else, and that it is doubtful you can take legal action, however you are here for advice. The best you can hope for is to take action with the intent of preventing similar circumstances from happening again. The doorman was under no obligation to let your daughter in but it would seem resonable (and human) for him to at least allow her inside the door where it is warm and watch over her until your wife left the store. Write a letter to the company, get names, get loud! (Not to loud, you don't want to go to jail!) You may not get any reimbursment but you might get some satisfaction!