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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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Flushable Wipes Lawsuit Seeks Class-Action Status

The makers of Cottonelle and Costco-brand "flushable" wipes are facing a federal lawsuit that seeks class-action status. Dr. Joseph Kurtz, a New York dentist, is spearheading the flushable wipes lawsuit effort, claiming the wipes caused major plumbing and clogging issues in his home, ABC News reports. But what's the whole class action stink about? Flushable Wipes Lawsuit Kurtz claims the makers of Cottonelle and Costco-brand wipes should have known that the wipes' "flushable" claims were false and misleading, ABC News reports. In the suit, Kurtz claims consumers across the country have suffered clogged pipes, flooding, jammed sewers and issues with septic tanks due to the use of flushable wipes. The suit claims to represent 100 people who've faced those problems. But before Kurtz's lawsuit becomes a class action, there must be a hearing on class certification. Class Action Status A class action lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. The flushable wipes lawsuit asserts that people across the country have faced the same or similar plumbing problems after flushing the wipes. If a court agrees, then it will issue an order that defines the class and appoints a class counsel to lead litigation efforts. However, the defendants -- in this case, the flushable wipe manufacturers -- can try to argue that the alleged class should not be certified. People often seek justice in class action lawsuits when their injuries have been caused by defective products. This case involves a marketing defect claim that the wipes don't degrade as advertised. It's possible many of the individuals' economic injuries (namely, plumbing and repair costs) were relatively minor. For them, pursuing a solo lawsuit would not have been worth the time and money of litigation. But as a class action, their claims can be thrown into the same pot, adding up to an alleged $5 million in damages. Suing as a class also cuts down on each class member's time and expense because the class consolidates the attorneys and court costs and the group files with a representative plaintiff, called a "named plaintiff" or "lead plaintiff." In this case, Dr. Kurtz hopes to be the named plaintiff. In response to the flushable wipes lawsuit, a spokesman for Kimberly Clark, the maker of Cottonelle, told ABC News that "extensive testing" has proven its product is flushable. A reprsentative for Costco declined to comment. Related Resources: Man sues moistened-wipes makers over plumbing bills; defendant stands by product's 'flushability' (ABA Journal) How Much Is Your Personal Injury Case Worth? (FindLaw's Injured) Class Action Suits: To Join or Opt Out? (FindLaw's Law and Daily Life) Browse Class Actions Lawyers by Location (FindLaw)
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