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Suing for Injuries at Walmart and Other Big Box Stores

If you are injured by someone else’s negligence while shopping at a Walmart, or any big box store, you may be wondering what you need to do in order to recover. Depending on how the injury happened, you may be able to negotiate a settlement with a claims representative. If your claim is against Walmart itself, you’ll likely need to file a lawsuit against the store (as Walmart has a bad reputation for not settling injury claims). What might come as a shock to many is that Walmart tops the charts when it comes to the number of lawsuits they face annually. While recent statistics are difficult to track down, at one point, the goliath faced approximately 5,000 new cases per year, or nearly 13 lawsuits every single day. In and Around the Big Box Big box stores like Walmart, Target, and Costco typically will have internal procedures that they will want to follow to document an injury that occurs on their premises. Usually, the internal procedures require the store management to gather information about how the injury occurred, as well as collecting witness information. If the injury is severe, sometimes a store may require a person be transported via ambulance, or be treated by paramedics on-site. While it may be helpful for your legal case to cooperate when injured, focusing on your health and safety should be your first priority. Lawsuits from slip and fall injuries in stores are fairly common. Depending on your state’s laws, and how your injury occurred, the complexity of your case can vary drastically. Not all injuries are the result of negligence, or the fault of another. In some states, slip and fall injuries put a much higher burden of proof on the plaintiff than in others. Typical personal injury claims while shopping at a retail store will be for negligence or premises liability. Product and Delivery Driver Liability In addition to all the lawsuits Walmart faces for in-store injuries by customers and employees, lawsuits also occur over delivery drivers accidents and dangerous products. Most prominently, comedian Tracy Morgan was involved in a fatal bus accident caused by a Walmart truck, which resulted in a rare high value settlement from Walmart, rumored to be close to $100 million. Related Resources: Injured in an accident? Get matched with a local attorney. (Consumer Injury) Disabled Woman’s Parents Sue Walmart Over Shoplifting Arrest (FindLaw’s Injured) Walmart Dress Caused Sexless Marriage, Lawsuit Claims (FindLaw’s Legally Weird) Long-Haired Woman Sues Walmart Over Shampoo-Related ‘Suffering’ (FindLaw’s Legally Weird)
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Bus Accident at Burning Man Claims Woman’s Life

A woman attending this year's Burning Man festival in the Nevada desert has reportedly been killed in a bus accident. The woman, who has not been identified pending notification of her next of kin, fell under a bus carrying festival attendees, reports the Burning Man Blog. What are some of the legal options the woman's family may have following this tragic incident? Wrongful Death Lawsuit When a person's death may be caused by the intentional or negligent actions of another, the deceased person's family may decide to file a wrongful death lawsuit. Injured? Exercise your legal rights. Get in touch with a knowledgeable personal injury attorney in your area today. Wrongful death lawsuits generally require the survival of family members who are suffering financial harm as a result of their family member's death. The wrongful death lawsuit seeks to compensate surviving family members for this financial loss, by awarding them damages in the amount of lost support, services, and income the deceased may have provided as well as medical and funeral expenses. Liability of Festival Organizers One possible avenue of legal recourse would be to bring suit against the organizers of the festival for negligence. Negligence generally requires that a person or business have a duty to act reasonably, and that by failing to do so, they caused injury or death. In this case, the woman's family could claim that the festival organizers had a duty to make the festival grounds reasonably safe and that their failure to do so caused the woman's death. Liability of Bus Driver, Owner The woman's family could also allege negligence on the part of the bus driver, as well as the owner of the bus or bus company. Buses are generally considered to be common carriers, which makes them subject to a higher standard of safety. This may mean that even a minor breach of the bus driver's duty to act safely may be sufficient for liability for negligence. However, this typically only applies to injuries to passengers. If the bus was being driven by someone other than the owner who was being compensated for doing so, the owner of the bus or bus company may also be liable for any negligence on the part of the driver under the legal doctrine of respondeat superior. The owner of a vehicle may also be held liable for the negligent acts of the driver if it was found they had a reason to know the person was a bad driver or was otherwise unfit to operate the vehicle. Related Resources: Woman Dies In Bus Accident At Burning Man (SFist) Play Legally on the Playa: 5 Legal Issues at Burning Man (FindLaw's Legally Weird) Burning Man Lawsuit Filed, Show May be in Jeopardy (FindLaw's Law and Daily Life) Injured on a Bus? 5 Legal Points to Consider (FindLaw's Injured)
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