Walmart #529 I slipped in fell in front of employees, & CMI denied my claim!!!!! La Marque Texas
On October 13, 2013, I slipped on some water in front of the bathroom vestibule entrance. I fell forward, catching myself w/ my hands & right knee. I was so embarrassed because there were many people around, and because of the water & my hands were slipping, I couldn't get up- so an employee helped me to my feet. I paid for my items (my daughter was in line & began putting the items on the counter while I was using the bathroom which was right in front of the register) & was leaving the store when an employee ran after me. She said she needed to get a manager & I had to fill out an incident report. I sat n the bench inside the store until a manager brought me the form.
The manager asked if I was ok, I told him I was but my knee did hurt. I pulled up my pant leg & my knee was red & already started to bruise slightly (which the manager saw). As I completed the form, he asked if he needed to call an ambulance, I told him no. He suggested I get my knee checked out because he could see the mark developing on my knee, & I was limping slightly.
When I got home, I iced my knee. It started bruising much more so I went to the nearest ER. They did an xray, nothing was fractured, it was badly sprained, that I needed to wrap it & I was told to stay off of it a few days & prescribed pain meds & an insaid. I took pictures of my knee at various stages, & by the next day it was black, blue, green, & purple. I was limping because it hurt to put pressure on it, and missed 4 days of work. As instructed by the manager, I called Walmart CMI at 800-599-9906. I filed a claim with them, offered to send them pictures & explained what happened very thoroughly. The rep told me they'd review it & mail me a letter.
Fast forward to December, I followed up because I received a bill from the ER. I was told they'll mail me a letter.
I still have not received any correspondance, so I just called again today (Feb 3, 2014) & spoke w/ a rep named Kenyatta White, ext #3896624. She told me my claim was denied (get this) because the tapes were reviewed, and since the cleaners cleaned the bathroom 30 minutes prior, & a customer spilled water in the area, they weren't at fault!!! I asked, "So the video shows there was water there, without any cones or signs to notify customers, and Walmart isn't at fault?? It shows that I fell at no fault of my own, and it was denied??". She said yes. I told her I'll contact a lawyer because this is BS, and I can't believe Walmart wasn't going to take care of the claim. I told her I just want my ER bill paid & my wages for the 4 days I missed. I CANNOT BELIEVE THIS CRAP!!!! Walmart & their "family values"- they're a huge company, I feel they don't give a crap about what happens to their customers!!!!!!!!
I'm not sure what to do, I can't afford a lawyer, I'm a single mom of 2 with one in college, but I sure need the ER bill paid & 32 hours (at $22 an hour) paid ASAP. Any ideas or suggestions???
5 Updates & Rebuttals
Giselle
Any city,Massachusetts,
Thanks!
#6Consumer Comment
Tue, February 04, 2014
I didn't read your whole posting. I started to and then it just became "blah blah blah" and I lost interest. I did read about your concern that someone may fall in my driveway. I live in a condo, so if anyone is injured outside my residence, it is not going to be my fault. So, no worries there sweetie, but thanks all the same....
Robert
Irvine,California,
WTH...
#6Consumer Comment
Tue, February 04, 2014
I don't know who is worse, the Attorney wanna-be who on the basis of one Internet posting is ready to condem Walmart for something that they weren't even there. Or the person who was ready to just walk out of the store because they didn't think they were hurt and don't even realize that only because a Walmart employee told them to stay are they in this postion. After all without that there would have been no proof it even happened. Wow..talk about cover-up and lies.
So let's just kill two birds with one stone shall we.
First of all the OP has to PROVE that Walmart was negligent in some way that caused her fall. In order to do this she would have to prove that not only Walmart knew that the spill was there..but that they did nothing to solve the problem. Oh and sorry but no judge is going to expect an employee to stay on "bathroom duty" every minute to catch a spill the second it happens. No store is going to let any non-law enforcement person view any security tape without a court order. If the OP takes them to court she of course can subponea the tapes and have them produced in court.
The other very interesting thing is why if she was going to pay for the merchandise(as stated later in the report) why was she going to the bathroom while her daughter was already putting things on the belt to be rung up? Even if the Restroom was right next to the register it seems as if the OP may have been rushing a bit to get back and could be a contributing factor to her slipping.
And yes, for what ever reason Walmart seems to get a lot of these cases. I am NOT saying that this is the OP in any way shape or form but perhaps it is the clientel that tends to shop at Walmart, perhaps it is the fact that they are seen to have deep pockets. After all if it really was a customer that caused it would the OP be going after that person? I think we all know the answer to that..don't we.
As for PI attornies not asking for money up front, that is 100% correct that most PI attornies will not. However, they will also only do that if they think they have a chance of winning. If the OP has gone to attornies and presented her side of the story if they are asking for any money up front that is all the OP should need to know about what chance she has of prevailing in court.
Look I am sorry for your injury but there is nothing in this report by any stretch of the imagination that shows Walmart is liable. Of course you can take the "ambulance chaser's" advise and go see a few PI attornies and see what they say. If they think you have a case then more power to you.
Oh and as a side note to "Giselle". Since you seem to think that just because she was on Walmarts PRIVATE property that Walmart is liable come heck or high water. I just hope that you don't have a friend who slips on a puddle of water in your driveway and sues you for their "pain and suffering" because you failed to clean it up as soon as it happened or have a 25 foot safety perimeter with big yellow caution signs.
Giselle
Any city,Massachusetts,
Walmart
#6Consumer Comment
Mon, February 03, 2014
Why should this person even take Walmart's word for it that a customer spilled liquid? I am positive they didn't offer for her to come down to the store to view the tape and nor will they! I wouldn't believe anything Walmart and their insurance company had to say. They lie and I know that for a fact, having dealt with them in slip n fall cases I was assigned to in the past. I don't care what you say, she was on THEIR property and she was injured and they are responsible. You stated she is going after Walmart because they have deep pockets. Well who the hell else is she gonna go after in this matter? Target? Chick Fila? Get real! It happened on WALMART PROPERTY! She stated she just wanted reimbursement for medical bills and lost wages. She is entitled to that plus I know the attorney will ask for pain and suffered and she will probably get a nonimal amount. She didn't break a bone, so it's not like she is going to come out rich on this!
Tyg
Pahrump,Nevada,
Sorry but...
#6General Comment
Mon, February 03, 2014
Sorry but youre just looking for some deep pockets to pay for your issue and you have settled on Walmart. The insurance company is correct. THEY cannot control when a CUSTOMER makes a spill. They CANNOT be EVERYWHERE all the time. As such unless they see it themselves or its reported to them that a CUSTOMER has made a spill. You have made the ASSUMPTION that Walmart is liable. I would agree IF Walmart had caused the spill and was negligant by not posting a wetfloor sign. But a WALMART employee DID NOT cause this, they are just the people you feel its ok to go after because it happend in thier building. Due to the over abundance of "slip and fall" cases over the past 20 years, courts have defined WHO is responsible. If it was employee negligance you would have a solid case. But since this was a CUSTOMER who made the spill walmart is only liable in the fact that it happend in thier building. You can take it to court, but unless walmart wants to be nice, they are not going to pay you. Yes it sucks that you slipped. But its one of those incidents that NO ONE except the customer who made the spill could have prevented.
Giselle
Any city,Massachusetts,
Personal Injury Attorneys
#6Consumer Comment
Mon, February 03, 2014
You do NOT need any money to hire a Personal Injury Law Firm. They get paid only if you get a settlement. So, get out the phonebook and pick one. And see now, Walmart is going to have to pay pain and suffering too. I use to work at a law firm that specialized in car accidents and falls and we had a lot of "Walmart Slip n Fall" cases.
Oh, word of advice: do NOT sign anything from Walmart and their insurance company. They like to be sneaky and have people sign off on their right to sue. Once you hire an attorney, they will tell you the same thing: no more contact with those people!