Got hurt in Walmart last thursday

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Got hurt in Walmart last thursday

Hi, I was in Wal-Mart last Thursday , walked up to a shopping cart that I think was for returns. I looked at a hat that was in the top of cart where child legs go when 2 bottles of champagne fell out. One bit my right shin then foot, the other bottle fell out and hit my left knee cap . Saw stars and knee cap hurt very bad, swelled up and hurt over Christmas weekend n still sore until today. Didn’t need medical attention yet, not sure if will. Wal-Mart offered $250 to compensate, is that worth it to give release. I’m 54 and disabled.This is not what I needed.

Asked on December 27, 2016 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, bear in mind that the store is NOT automatically liable or financially resonsible for your injury--they are only liable if they were at fault in some way. But if the bottles fell because another customer stacked them poorly or because you or another customer bumped the cart, the store is not liable. You'd have to prove store fault to win a lawsuit.
Even if the store is liable, you can only recover compensation for actual medical costs (your out-of-pocket costs, that is--any costs not paid for you by health insurance or Medicaid/care), lost wages, if any, and, for significant disability or life impairment lasting many weeks or longer, some amount for "pain and suffering"--though unless you suffer months or longer of meaningful impairment or disabiity, the amount for pain & suffering will not be large. Based on what you write, it's unlikely you'd get much more than $250 even if you sued (and spend the time and money to do so), so if you don't need medical care, it's probably worth it to sign the release and take the money.


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