I went to walmart to shop early Saturday morning at 24 hr walmart
After I finished shopping I noticed my headlights weren't working
I caught a cab home ,the next day I went to solve my no headlight problem
And noticed it was stolen
I noticed there is a security guard driving around harassing the wrong people
Thers security guard riding around all day everyday my work van was stolen with all my personal belongings important papers,5 -8,000 worth of tools and personal effects
Is it possile for me to sue ,I have no clothes no money none of my important personal documents this situation totally wiped me out

What is the cause of action against Walmart, exactly ?

There is no implied warranty against theft in the parking lot, even if the lot is patrolled and/or covered by video. I doubt if you can prove Walmart negligent.

Are you sure your truck wasn't towed. In my neck of the woods there is a posted sign on privately owned parking lots that vehicles left over night will be towed at owner's expense. Check the impound lots; ask in Walmart if it was indeed ordered removed by their security.

If you valued your property inside the van, and a van, then if you couldn't fix it, should have had to towed to your residence where it would have been safely stored. The fault is not Walmart's fault but your own negligence.

Tickle has a good point about it being towed. Did you file a police report?

Did you inform Walmart security that you were forced to leave the van?

Walmart sells headlight bulbs. Did you try replacing them?

Sounds like you were more negligent than Walmart.

Quote:

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Originally Posted by jamesbondero

I went to walmart to shop early Saturday morning at 24 hr walmart
After I finished shopping I noticed my headlights weren't working
I caught a cab home ,the next day I went to solve my no headlight problem
And noticed it was stolen
I noticed there is a security guard driving around harassing the wrong people
Thers security guard riding around all day everyday my work van was stolen with all my personal belongings important papers,5 -8,000 worth of tools and personal effects
Is it possile for me to sue ,I have no clothes no money none of my important personal documents this situation totally wiped me out

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1. How long ago did this happen?
2. How long were you away from the van? The "next day" could be Saturday at daybreak or later or Sunday.
3. Did you notify Walmart after you found the vehicle missing? If so, what did they say?
4. How would Walmart know that anyone taking the van was not the owner/user of the van?
5. Has the van been recovered?

Not only would you have to prove Walmart negligent, but you would also have to prove your damages. I am not certain a judge would believe that all of your personal belongings were in the vehicle when you also have a home.

Clearly first thing is to file a police report, and then call your insurance company. And you should also talk with Walmart security - perhaps they have a security video tape that would show what happened to your van. As for a law suit: it's highly unlikely that you would get anything - you would need to show that Walmart was somehow negligent. You don't pay for parking at Walmart, so there is no contract where they have ensured the security of your vehicle.

I agree with everyone, this is on you, not Walmart. Assuming it wasn't impounded, call your insurance company and inform them of the theft and give them the theft report, assuming it was insured for it. Walmart isn't responsible for this.

I agree with everyone else. Walmart is not responsible for this theft. They cannot and do no guarantee that your vehicle is safe when left in their parking lot even if there is a security guard that patrols the lot.

Definitely talk to Walmart and find out if perhaps your vehicle was towed. You would then be responsible for the towing fees and the cost to get your vehicle out of impound. Also, file a police report.

As for suing Walmart, you won't win. If you want to waste your money pursuing this course of action you can, but it would be a waste of money.

Good luck.

Hello James:

I HATE Walmart.. Sue 'em. Small Claims court is cheap, quick and easy.

excon

Quote:

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Originally Posted by excon

Hello James:

I HATE Walmart.. Sue 'em. Small Claims court is cheap, quick and easy.

excon

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Exy, it is cheap, quick and easy, but spending money on a case you can't win, even if it is cheap, is still money thrown away, and this poster has already lost enough.

Hating Walmart isn't enough reason to sue them, especially when they're not culpable for the loss you incurred.

Also, small claims has a cap on how much you can sue for, in many places it's $3000-$5000, and it sounds like the OP lost a lot more than that if all his worldly possessions where in this van, which is what he stated.

Hi Alty,

You're right, of course. I have been admonished.

excon

No you can not sue them for your choice of leaving a van in a parking lot all night.