On March 1st 2018 my mother and I went to Walmart in Sacramento, CA. As we went down an aisle I was looking at curtain rods and on the top shelf this heavy box came flying down towards my mother as it came down it hit her on the side of her head. She didn't want to go to Dr. cuz no blood no dr. Well as time went on they had contacted my mother behind my back. This lady told my mom she can have only $200 thats it. Send this check real fast and of course my mother sees this check she needed to pay her car note. But I feel that was wrong. That box was heavy. They know this. My mother is 81 it might take a few days, months but that hit in the head could come back hard and painful. The Walmart company is big they know what damages that could happen. Treat your customers with respect and don't take advantage of the elderly treat everyone the way you want to be treated.

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thank you everyone diane
Helpful Answer (0)

She cashed the check? By cashing the check she excepted settlement. Nothing you can do now.
Helpful Answer (2)

WalMart is a corporation with a poor reputation for its staff management and treatment, as well as exploitation of its workers. It's the reason I boycott Walmart. Notwithstanding that, there are additional legal issues beyond the good advice you've already given.

1. Yes, the box should have been stacked carefully, and as an employer, WalMart has a "respondeat superior" obligation for actions of its employees. But, as Gershun advises, the first element of proof would have to be that a WalMart employee was responsible for the improper stacking.

Alternately, were there ladders by which a shopper could have improperly stacked the box? Closed circuit cameras to document the improper stacking?

2. Beyond that, there's the issue of damage. W/o medical treatment, there's no documentation of any injury. Have you taken your mother to a doctor since then to check for injuries?

If injury can't be documented, neither can an injury claim. Walmart would require a medical exam to prove any claim of injuries, and you would have nothing to counteract a doctor's conclusion that no injuries occurred.

3. You could try to sue on the basis of some improper treatment of a customer b/c of WM's quick desire to settle, but that's not really a strong cause of action. And it's an assumptive one.

4. Too often the "I'll sue!" attitude comes into play, perhaps egged on by the "sue 'em" attorneys with the 1-800-SUE-THEM cheesey commercials, encouraging suits to fatten their own wallets.

Take this as a lessons learned and forget about suing. You might be able to get something for nuisance value, but your mother will have to go through some ordeals to get it.
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Diane; If you were interested in a bigger settlement and in proving negligence, you should have called 911 and gotten your mother an examination on the spot. You also should have taken pictures with your cell phone.

I'm assuming that your mother is a competent adult and can manage her own affairs. If that is so, Walmart (not my favorite company in the world, believe me) cannot be accused of "going behind my back". If you are your mom's guardian, that is another story.  But given that mom has a car loan, I'm assuming that she is still responsible for her own affairs. 

Lesson learned: if one is injured and you think the injury will have consequences down the road, get a medical evaluation IMMEDIATELY. Do NOT take yourself to the doctor; call 911 so that there can be no claim that you were injured later on.
Helpful Answer (9)

How will you prove that a Walmart employee was responsible for the box falling? I've seen Walmart customers take appliances out of containers and then shove them back wherever. I think you'd be wasting your money trying to prove anything. Just my opinion.
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