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  1. #1

    Default Injured at a Major Chain Store

    My question involves injury or loss that occurred in the state of: Ohio

    Recently, I was inside a Fast food court, which was located inside a Larger chain store, standing in line waiting to be helped. I was struck in the side of my neck and head by an employee of the Chain store with a large metal cart. I was slightly dazed, the woman who struck my apologized, asked if I was alright, and then went on her way. Later that evening, my neck began to hurt very badly, when I woke the next morning, it was so sore that I could not move my neck. I went back to the store, spoke with a manager, and filed out an incident report, then, went straight to the hospital, where I was diagnosed with a severe cervical strain, prescribed muscle relaxant and pain meds, and a weeks rest.


    While at the store, the next day, I was asked to give a statement, as well as list anyone who witnessed the accident. The only people I know saw the incident, were my girlfriend, the lady who struck me, and the cashier at the counter of subway. I told the manager of the store that the cashier had seen what had happened. He responded by telling me since she was not a chain store employee, what she saw did not matter, this woman being the only third party witness, other than the woman who hit me and my girlfriend. Her statement was never taken. The manager also informed me it was against store policy for their employees to have any type of cart in the fast food court.

    A few days later I receive a call from the stores "Claim's management" Department. They retake my statement, and begin their investigation, I was told it would take a few weeks to reach a conclusion.

    Today I received a call from my claims specialist. she informed me that they had deemed Wal-mart to be not at fault for any incident, therefore my claim was denied. She would not state if there was security footage of the incident, she told me the employee who I claim struck me, denied hitting me with the cart, and that she could not verify from any witness that I was or was not struck by a cart. I was also informed that for the "employees" safety, and the safety of the witness, I was not allowed to know their identity.


    The woman I spoke with was very vague with her responses, she would not say yes or no, the only sentence I could get out of her as far as case details were concerned was " We found in our investigation no reason to support your claim of the incident." When I asked her if the store found that I was struck by a cart in the store, she repeated: " We found in our investigation no reason to support your claim of the incident."

    So the questions,

    1. Which store SHOULD I have filed the claim with, the fast food court I was in, or the chain store which the court was located, as it was the chain stores property and employee who struck me.

    2. Should I contact a lawyer to sue said chain store or fast food establishment?

    3. I was only interested in medical bills, however, at this point, I am completely pissed, and I'm out for blood, would I be able to sue for more than just my medical bills?

    4. Can the claim's manager really refuse to give me any information on the case, answer question with vague answers and no yes or no to questions.

    5. Should I just suck it up and pay my thousands of dollars in medical bills?

  2. #2
    Join Date
    Mar 2008
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    1,995

    Default Re: Injured at a Major Chain Store

    In these cases, it depends on the amount of the thousands of dollars of medical bills that you can prove that is related to the accident. Did you actually SPENT these thousands of dollars??

    If it is not a lot, say, a few thousand, then it would be a small claims case. In these instances, it does not pay for a lawyer to take it on a contingency bases.

    My mother-law was in the supermarket, one clerk was throwing cans of soup to the other to place on the shelf, when one can missed and dropped on her head, from a few feet up. She went to see the doctor, there were no visible injuries except it was painful. Her cost of the visit was the co-pay of $10.00.

    She was pissed at how rude the management was, but the bottomline was, no lawyer would take the case, and it didn't pay to go to small claims for the $10.00 she was out, so she sucked it up.

    Even in cases where you can get a lawyer to get on it, as a customer of mine who tripped and fell at my establishment, the claim was filed with an insurance company that blew the lawyer off. He had chiropractor bills of over $3,000.

    After over a year of back and forth, the lawyer gave up on it too, stopped returning his phone calls, and left this guy in a lurch. I was surprised the lawyer actually took such a tenuous case, but at the end, my instincts turned out to be correct.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Injured at a Major Chain Store

    part of the problem is you waited until the next day to file a injury report. Granted, most people, unless they realized they were actually injured would do something similar.

    so, unless you can identify the Subway employee and that person recalls what happened, and it supports your version, you are very likely fighting a losing battle. WalMart, the Wally world employee, nobody at this point is supporting your contention.

  4. #4

    Default Re: Injured at a Major Chain Store

    At this point, my ER visit was a total of $3,345.67, I have a follow up appointment to be sure my torn muscles are healed. There was a security camera pointed directly at the register (which I was initially told by the Wal-Mart Manager that it had recorded the incident,) however, I have now been informed that there is no security footage. I was also informed by the same Manager, that it is against policy to for an employee to bring a cart into that area. I am now being told, that is untrue, there is no policy that states no carts allowed in said area.


    As far as the injury is concerned, the doctor said it was a cervical strain (torn muscles) caused likely by the incident and the way I describe it. The only permanent damage, will be if it does not heal correctly. However, I was forced to sit on the couch or lay in bed for 5 days straight, due to the pain.


    I don't want to sue anyone, but the fact remains that I am just a poor student, if they don't pay for the bills, I really will have no way of paying for them. I'm not looking for a payday, I just want WM to take responsibility for their actions.

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Injured at a Major Chain Store

    well, you are at a point of being able to prove the action or not. If you cannot prove the incident, you have a snowballs chance in Hell of forcing WM to pay anything.

    So, have you spoken to the Subway employee?

  6. #6

    Default Re: Injured at a Major Chain Store

    I've stopped in the store, and have her name, I just need to figure out when she works.

  7. #7
    Join Date
    Jan 2010
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    Default Re: Injured at a Major Chain Store

    Quote Quoting Switchdayslumber
    View Post
    I was asked to give a statement, as well as list anyone who witnessed the accident. The only people I know saw the incident, were my girlfriend, the lady who struck me, and the cashier at the counter of subway. I told the manager of the store that the cashier had seen what had happened. He responded by telling me since she was not a chain store employee, what she saw did not matter, this woman being the only third party witness, other than the woman who hit me and my girlfriend.
    The manager was wrong about the witness, if Santa Clause was your witness the manager would have to take Santa's statement and a judge would have to determine if he were creditable or not.

  8. #8

    Default Re: Injured at a Major Chain Store

    Quote Quoting Who'sThatGuy
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    The manager was wrong about the witness, if Santa Clause was your witness the manager would have to take Santa's statement and a judge would have to determine if he were creditable or not.
    Which is why I added this bit, I'm not sure what options I have as far as trying to contact her to get a statement.

  9. #9
    Join Date
    Mar 2008
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    1,995

    Default Re: Injured at a Major Chain Store

    Quote Quoting Switchdayslumber
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    Which is why I added this bit, I'm not sure what options I have as far as trying to contact her to get a statement.
    I agree with what the others said.

    Based on the amount, $3,345.67, it'll be at best a small claims case, as no attorney would work on a claim so small. In addition, the burden of proof is on you to show that some employee caused all this damage.

    If you're not looking for a big payday, then fine, they might consider paying you a small sum to be done with it, to get rid of you, and depending on the weight of the evidence you are able to provide, maybe even the full amount of the medical bill.

    If on the other hand, as happens when witnesses don't want to get involved, or have bad memory, then your chances are even less.

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