[angelak3]

My 4yr old child was shopping with a grandparent at Walmart over the weekend and dropped her blanket near a clothing rack. The rack was the ones that are against a display that protrude from the wall. She bent down quickly to pick up her blanket and slammed into the end of the rack in the inner corner of her eye. This resulted in a laceration and was rushed to the bathroom immediately to wash it out. The injury was shown to the manager and the location of the accident was as well. A report was filed and my daughter was taken directly to the ER. Her injury resulted in a torn tear duct and was required to be transferred via ambulance to a pediatric hospital to be further examined. Once arriving at the pediatric hospital, the Dr. needed to repair the tear duct with a minor surgery under anesthesia. She then wore an eye patch and is required to use a prescribed cream for 10 days and a follow up with the surgeon as well.

Unfortunately we have no insurance coverage at the time this incident happened, my husband's employer does not carry family coverage, and we make too much money to qualify for any state assistance. We are a middle class family that pays our taxes and follows the rules, but can't afford the ridiculous price tag of insurance for a family of 5. I understand we are obligated as parents and providers of our children to have medical coverage. It is not the case right now, we can't afford it. Walmart has denied our claim for coverage because the 'photos' sent to the 3rd party investigation company of the display rack was not Walmart's fault. The rack is properly installed and this is just an unfortunate accident. DENIED!

So now I'm stuck with not one but two Hospital bills, an ambulance ride, prescription and a follow up office visit to make sure my daughter does not have any future problems with her eye. It's not like we had a choice to do the surgery or not. Walmart will not pay these bills. Is it worth getting a lawyer to fight Walmart knowing that it was an honest accident my 4 yr old had. Will they just prolong this and put blame on us? We can't pay these bills and it is frustrating to know that my 4 yr old who is able to walk on her own is not "safe" in Walmart.

[ballengerb1]

I don't think they are blaming you but their insurance company's first answer is to uniformly deny most claims, true with many big companies anyway. Speak directly to the store manger in person and ask for the name and number of their regional director. You care little if Walmart pays or their insurance pay so insurance denial is not the final answer, push it.

[ScottGem]

I agree you need to push it, but I doubt you will get anywhere. Walmart is only responsible if it can be shown they were negligent. If the rack was, in fact, properly installed and did not present a hazard under normal conditions then why would Walmart be responsible?

[JudyKayTee]

I can only address NY, which is where I investigate accidents. The question is going to be whether this was a foreseeably a dangerous situation - I've investigated this situation and I felt it was foreseeable in those investigations.

I would DEFINITELY speak to an Attorney and get another investigator into the store - the investigator who investigated for the insurance company works for the insurance company and is paid to make the situation look more like "your" fault and less like Walmart's fault.

I think you have a legal argument here. WalMart should expect a 4 year old child to be in the store. That's going to be the legal argument. The child walked in unhurt and was carried out hurt. At 4 years old he/she is not legally responsible or able to understand the consequences of his/her behavior or actions.

I'm VERY surprised they aren't paying the bills under their med pay - VERY surprised. The child was injured in the store. I'm not talking about pain and suffering. That's a legal argument to be made. I AM talking about the basic medical bills.

What insurance carrier?

[angelak3]

Hi Judy. I didn't see this until now. I'm glad you have responded with this answer because I too was very surprised that Walmart would not cover the medical bills at least. My oldest daughter who is 9 also told me that the rack did not have clothing hanging at the time of the injury. When I spoke to Walmart's Insurance 3rd party company they received a picture of the rack and said that it had shorts hanging and everything looked in order. Now I know my daughter would not lie or be mistaken by something like that. We have since seen the Dr. for a follow up and my 4yr old will need to be taken back to the same hospital (3 hours from us) for another minor surgery that will require yet again more bills (Anest. Surgeon, hospital) in September. We don't have insurance and now will need to try to get someone to cover the cost as we can't afford it. At this point we will be perusing with an attorney for Walmart to cover all medical bills. Thanks for your input, I really appreciate it!

[JudyKayTee]

I honestly think you've got a winner here! A nine year old would observe things on HER level that an adult would not observe.

I'm horrified. I've done these cases and the stores have always been quick to settle. It IS dangerous if someone got hurt - your child got hurt, thus, it's dangerous.

I'd get a personal injury Attorney on this as quickly as possible.

[Fr_Chuck]

First things are tough, with the new insurance rules and regulations that have went into place over the last 2 years, fewer and fewer people can afford insurnance. I know my own insurance has tripled in price in one year. We had to drop insurance to a very high deductable just to afford any insurance.

So no one here is blaming you for choices that we have had to make lately.

First breath, it is just medical bills and after a few months normally they will agree to work out a payment plan. And often you can get them to reduce the amount owed by 30 to 50 percent.

Also all hospitals have case workers and programs to even write off the entire amount if you have low enough income.



As for as Walmart I am also surprised they did not just pay, but I will assume the bill is fairly high and they must feel Walmart had no fault.

Remember oftan an accident is just that.

But you have nothing to lose in trying to get an attorney and trying to receive compensation

[twinkiedooter]

Consult with a good personal injury attorney. They will not charge you a fee unless they recover $ from Walmart above and beyond any medical bills.

Look in your yellow pages for such an attorney. There is no reason you should pay these bills yourself.