My wife and I were shopping at a Wal-Mart with our toddler son who was properly strapped in the back of a shopping cart. While we were looking at some products, we heard a crash. We turned to see that our shopping cart had fallen over, our son crying and slightly injured--a small bruise on the leg. We discovered the shopping cart had only 3 wheels; the 4th was missing. Some employees witnessed the incident, and we filled out a Wal-Mart form regarding it.

Long after the incident Wal-Mart offered to pay us $500. Is this an acceptable amount? The bruise quickly healed and the boy is doing fine.

Lawsuits are one of those things that need to be placed in the proper perspective, meaning, what was the physical affect to the victim? My advice is to take the money and run. Be very thankful your son is fine and there wasn't any permanent damage and long term medical consequences for him. I know someone who was the victim of an employee who improperly stored a huge and heavy box overhead. It fell on her as she was walking past. It took years to get it resolved and in the end she didn't get much money. The only one who got rich was the attorney. She is still suffering from the long term damage due to the head trauma it caused. The money has run out and she still has medical bills.

The amount of money Wal-Mart is offering seems low and may only be "nuisance money." (The immediate amount any corporation will pay to avoid any lawsuit regardless of how serious or trivial it is.)

You could probably obtain more if you threatened legal action and/or followed up with a small claims court action of your own. One suggestion is to take gift certificates instead of cash because while both have the same face value to you the cost to issue them by Wal-Mart is much less than giving cash (ie. A $1,000 gift certificate from them might only cost them $500 in merchandise at cost.)

As for seeking a greater amount in a higher court you may want to heed the advice of RubyPitbull.

Let me get this straight, you pushed the cart around and didn't notice it was missing a wheel?

I think Wal-Mart is being generous to offer you anything. I do agree that it sounds like just a lowball nuisance offer and they might go higher, but if you take it to court, I doubt if you will get anything.

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Originally Posted by ScottGem

Let me get this straight, you pushed the cart around and didn't notice it was missing a wheel?

I think Wal-Mart is being generous to offer you anything. I do agree that it sounds like just a lowball nuisance offer and they might go higher, but if you take it to court, I doubt if you will get anything.

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I was not allowed to give you a greenie, but you are absolutely right.

Yes, and was the child properly in the cart? Or was the child on the floor beside or behind the parents? Or was the child on the side, or inside the merchandise area of the cart? I am not trying to shift the blame to either side here, but just some questions wal mart attorneys may try to prove to put your child at fault, and take away from the fact that the buggy only had 3 wheels. I would take the
$500. And be gone. If you fight wally world, you know they will have the best attorneys that money can BUY and they have plenty of money to PAY the attorneys.

I will make this brief. This is something that in law is called "open and obvious."

You knew within minutes that the cart only had 3 wheels, yet you chose to continue on. A defense attorney for Walmart will ask you why you continued on knowing this.

Take the money and run.

Quote:

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Originally Posted by ScottGem

Let me get this straight, you pushed the cart around and didn't notice it was missing a wheel?

I think Wal-Mart is being generous to offer you anything. I do agree that it sounds like just a lowball nuisance offer and they might go higher, but if you take it to court, I doubt if you will get anything.

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I agree (but couldn't give a greenie). Don't be greedy. Besides, it's your responsibility to keep an eye out for your child, not Wal-Mart.

You might consider asking for a little bit more money in the form of a store credit, but it might be risky.

Stay out of court at all costs. They have high-powered attorneys, the ability to show that it's very hard to tip a cart, even one with a missing wheel, without actually trying to tip it, and ample video footage of you from the moment you came into the store, including any looks you might have given that could be mistaken for you noticing that missing wheel.

If it looks like you're the one who screwed up, at all, they'll win outright. And they get to ask for attorney's costs, which for us normal folks is going to be bank-breaking.

Take the money and be glad they are making an offer.

Take it and run!