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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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Easter Egg Hunt Injury Lawsuit: Mom Sues for $112K

The Clakamas County annual Easter Eggstravaganza egg hunt is scheduled to proceed this year with 20,000 eggs, and the Easter bunny being flown in by Helicopter, just like tradition dictates. However, a recent lawsuit for $112,000 filed against the Eggstravaganza venue and organizer as a result of an injury that occurred last year is attracting attention in the lead up to this year’s event. Although the event is geared towards participants under 12, last year, an adult who was accompanying their child was injured when the crowd rushed in, knocking her over, causing her a severe knee injury. The injury required surgery and a protracted recovery. The lawsuit alleges that the venue and organizer were negligent in not providing sufficient staff, security, and/or crowd control to ensure the safety of attendees. Event Organizer and Venue Liability The organizers of an event, as well as the venue where an event takes place, can both be held liable if an event attendee is injured as a result of negligence, such as poor property conditions, or allowing overcrowding to occur. Generally, organizers and venues are responsible for ensuring the safety of their guests, and must take reasonable steps to do so. When reasonable steps are not taken, organizers and venue owners can be sued under a legal theory of negligence or premises liability. In the Eggstravaganza case, for instance, the plaintiff is alleging that the organizers and venue allowed overcrowding to occur, and did not have effective crowd control. The complaint explains that this was case, particularly, when people who were not supposed to be on the Easter egg field, ran onto the field and knocked the plaintiff over, causing her injury. Eggshell Plaintiffs An injury victim can sometimes seem to have a disproportionately large injury given the circumstances surrounding an accident or event. However, under the law, a person with a pre-existing condition, or a high-susceptibility to injury, is entitled to recover for the full extent of their injuries. In lawyer-talk, these types of individuals are often referred to as eggshell plaintiffs, and can include the elderly, disabled, or those with medical conditions. Related Resources: Injured in an accident? Get matched with a local attorney. (Consumer Injury) 3 Easter Injuries to Avoid (FindLaw’s Injured) Is It Legal to Dye Baby Chickens? (FindLaw’s Law and Daily Life) First Grader Handcuffed After Easter Egg Tantrum (FindLaw Blotter)
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Time to Get the Sledge Hammers Out

Although the loss of the opportunity to see the first woman become the president of the United States was both devastating and completely unpredictable (at least to me, as evidenced by my blog post here), as criminal defense attorneys we have a first-hand understanding that, when an injustice occurs, that means it’s our time to gear up for a fight. This isn’t the time to sit on the sidelines, feeling sorry for ourselves and fearful of what comes next. It’s time to get our sledge hammers out and start forcing the glass ceiling open ourselves. As much as I believed that this election would serve as a statement that things were changing for women through Hillary winning, her loss is a statement of how deep the roots of inequality still are for women in our culture when a supremely qualified woman is passed over for a man with no experience. It was hard to explain to my eight-year-old daughter what happened and why our country didn’t celebrate or embrace the opportunity to put the first woman into the White House. And on hearing the news, she was shattered and angry. Hillary spoke to her and countless other young girls in her concession speech when she said: To all the women and especially the young women who put their faith in this campaign and in me, I want you to know that nothing has made me prouder then to be your champion. Now, I know, I know we have still not shattered that highest and hardest glass ceiling, but some day someone will and hopefully sooner than we might think right now. And to all the little girls who are watching this, never doubt that you are valuable and powerful and deserving of every change and opportunity in the world to pursue and achieve your own dreams. So what to do? For me the answer is simple, we have to dig deeper and do more. This isn’t the time to stop. It’s time to ramp up. I personally refuse to accept that we are second- or third-class citizens. I am not accepting the scraps from the men that will be holding the power in this country come January. We have to work together to change that. We need to walk the walk. We need to open doors for each other. We need to make sure that we include each other at every table we are seated at. We need to take our successes and stop simply asking for them. We need to refuse to accept second-chair positions and insignificant token roles just so we can be in the room. And above all – as many times as I have said this on this blog I will say it again until I am blue in the face – we need to SEND EACH OTHER BUSINESS. We are the only ones who are going to assure our own success. If this election teaches us one thing, it is that we need to take primary responsibility in looking out for one another out there. The post Time to Get the Sledge Hammers Out appeared first on Women Criminal Defense Attorneys.
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Air Force One is About to Crash Through the Glass Ceiling

On this historic election day when our country will hopefully elect its first woman president, I am filled with hope and excitement. I took my daughter with me to the poll this morning so she could one day tell her daughter that she was there to witness this moment in history. When I told her that, 100 years ago, women still did not have a right to vote, let alone have a chance of becoming President, there was a look of bewilderment on her face as she processed such a foreign concept from a not-so-very distant time in our history. Already this historic presidential race has inspired my daughter to one day want to be president too. But it’s not just our daughters that are affected by this race; after the ballots are counted, all women everywhere will be living in a new world, forever changed. I have never intended for this blog to be political and I don’t intend to start now. However, regardless of your party affiliation or political beliefs, the significance of this moment for all women and women criminal defense attorneys cannot be overstated. This isn’t just another break in the glass ceiling – Air Force One is crashing straight through it as a woman will take over the most powerful job in the world. That doesn’t mean we still don’t have work to do. We still have enormous pay inequity in law. We still have women leaving the practice of law in much larger percentages than their male counterparts. Women are still seriously underrepresented as equity partners in law firms. We still have men outpacing women as being named lead counsel in larger, more lucrative complex litigation matters, and this is especially true in larger white collar matters. Yet, I can’t help but feel like we women criminal defense attorneys can breathe a little easier when we survey our remaining issues after witnessing the shattering of the glass ceiling this election cycle. And that new breath might give life to a renewed energy to work through the problems that remain. During the last two months I have struggled with finding the time to blog, falling short of the promise I made to myself that I would “never” miss a week. I’m not sure if this is a testament to the Anne-Marie Slaughter line of thinking that women can’t have it all, or is simply symptomatic of the time pressures many lawyers face, regardless of gender. In spite of this lapse, my commitment to highlight and support of women in this field remains unwavering. I continue to make efforts to get to know other women in the field and organize more formal opportunities for more and more of us to connect and help one another. Thankfully that hasn’t stopped, even as the blogging has been less consistent. And it was during a recent dinner that I shared with some amazing women defenders that I realized I needed to recommit myself to telling our stories through this blog. There is still a need to highlight and promote the great work that women are doing in the field, although I admit I struggle with finding cases in the media identifying women criminal lawyers. So I believe it is incumbent upon all of us to fill that void. I need to hear about your cases or about cases other women defenders are handling. We need to work as hard in assuring our own success in this field as we have in placing a woman in the White House. The kind of success that is not just about earning a seat at the table; it’s about sitting at the head of the table and deciding who sits there with us. Much like the distinction between being Secretary of State and the President of the United States. I look forward to these next four years and beyond and to hearing your stories from the front lines of criminal defense. The post Air Force One is About to Crash Through the Glass Ceiling appeared first on Women Criminal Defense Attorneys.
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Driver Liability for Cell Phone Related Car Accident

How an accident happens will largely determine who is ultimately held liable. If the at fault driver was found to have caused the accident while talking or texting, they will likely have more difficulty defending their case, and they may potentially face additional penalties. Nearly every state has laws on distracted driving, and most include some limitations on the use of cell phones by drivers. Regardless of whether you have an ear piece, integrated Bluetooth, or speakerphone system, if you are talking or texting on a cell phone while driving, an officer or other party can claim that you were driving while distracted. According to the most recent report by the NHTSA, one in ten on the road fatalities involved distraction. Accidents While Phoning or Texting If a driver is found to be at fault for an accident, then they can also be found liable for the injuries and property damage they caused. While a majority of auto accident cases settle out of court, the facts concerning how the crash happened are relevant to establishing the injured party's case for damages. When a jury is asked to decide an auto accident injury case, they will usually be tasked with deciding two primary issues:Whether the defendant caused the injuries and damages.How much money should be awarded to the plaintiff for suffering the injuries and damages. In most jurisdictions, if both parties are considered to be partly at fault, or fault is uncertain, the party that is found to be more than 50% at fault, generally is the party held responsible for the damages. If a party was on the phone when the accident occurred, they may be found some percentage (comparatively) at fault. In states like California, if a driver is found to be 25% at fault, any award they receive will be reduced by their percentage of fault. Rear-Ended While Talking on the Phone There are some auto-accident cases where it won't matter if the victim was on the phone or texting. If you are stopped at a red light, and you get rear-ended while texting or talking on the phone, it is highly unlikely that your texting or talking had anything to do with causing the accident. In this sort of a situation, your phone use, while still potentially against the law, generally cannot be used to attack liability. Related Resources: Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory) What's More Dangerous Than Texting and Driving? (FindLaw's Injured) 1 in 4 Car Crashes Involves Cell Phone Use: Report (FindLaw's Injured) Is Apple Liable for Distracted Driving Accidents? (FindLaw's Injured)
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Juvenile Carjacker Arrested Twice in 48 Hours

Last week, a juvenile carjacker in New Jersey made headlines for being arrested twice within 48 hours for two separate carjacking incidents. Police released the minor into the custody of a relative after his arrest on a Friday for carjacking, and on Sunday, the teen was rearrested for another carjacking. The juvenile carjacker, surprisingly, is only 13 years old. Fortunately, there were no injuries as a result of his actions, however, police have linked an additional two to three car thefts from surrounding communities to the young suspect. Penalties for Juvenile Carjacking While criminal laws vary from state to state, juveniles can face very serious penalties for carjacking. The penalties can become exponentially worse if a weapon, or gun, is involved. Additionally, older juveniles may be charged as adults. While some juvenile offenses may be summarily dealt with if they are minor, or offenses that relate to the minor's age (such as possession of alcohol or tobacco), carjacking, especially when a weapon is involved, is not one of these. Unlike a joyriding charge, which can be charged as a misdemeanor in some jurisdictions, when a carjacker physically removes the driver of a vehicle by force and takes the keys and car, the likelihood is that even a juvenile will be charged with a felony. When a carjacker does not intend to permanently deprive the vehicle owner of possession, a joyriding charge may still apply, however, the act of stealing the car directly from the victim's possession will likely impose additional charges. Recent Trends Over the past few months, there have been several news stories across the country involving juvenile carjackings. The story out of New Jersey comes after a brutal story out of Oakland, California, where four juveniles punched an old lady and stole her vehicle. A month prior to that, a nearby city saw not only a juvenile carjacking, but it led to a high-speed pursuit, ending in a crash and arrest. In Denver, a juvenile carjacker that was fleeing from police was shot in the leg. Carjacking is a serious criminal offense that can land a juvenile in adult prison. Due to the fact that it involves more than simply taking the car, but potentially assault and/or battery (with or without a weapon), the charges tend to more serious than simply joyriding. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Juveniles and Age ("Status") Offenses (FindLaw's Learn About the Law) Shooting at George Zimmerman Illegal, Florida Man Learns (FindLaw Blotter) BB Guns Are Not Firearms, Minnesota Supreme Court Rules (FindLaw Blotter)
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Top 5 Travel Injury Legal Issues

It’s almost summertime, so time to hit the road, see the sights, and travel the high seas. But with travels come trouble sometimes, accidents and injuries, which could be costly. Here is some advice for travelers, whatever your mode of transport, be it trains, planes, automobiles, boats, or a combo. Find out how to handle travel accident recovery. Travel Accident Recovery 1. Injured on an Airplane: How Can You Recover? You probably don’t realize just how treacherous being on a plane is, and that is apart from the hazard of hurtling through the skies. Injuries on airplanes can happen due to fallen luggage from overhead compartments, turbulence, airline employee error and more. Airlines owe passengers a high duty of care and passengers do recover when they are proven negligent. 2. Injured in a Bus Crash: How Much Is My Case Worth? It is never a good idea to guess at what a case is worth without knowing all the details, and even then it’s probably best not to assume. But bus crash injuries can be severe and you can certainly sue if you are hurt while traveling on this type of common carrier. 3. Can I Sue for a Railroad Crossing Accident? If you’re on a train that crashes or are injured in some way while traveling Orient Express style, you can certainly sue to recover for your expenses and pain and suffering. As for drivers injured in a railroad crossing accident, that too is an unfortunately common occurrence and a basis for recovery. 4. Cruise Ship Injury: Can I Sue? Traveling on a cruise ship combines the fun of staying at a hotel with the thrill of being on the high seas and a dash of the old-fashioned. But cruise ships are also a prime place to get injured — not only are there activities of all kinds but there’s the risk of accidents in restaurants, on decks, and with the movement of the ship itself. If your vacation ends in a sea of sorrows due to the negligence of the cruise ship company, you can sue. 5. Road Trip Safety Tips: How to Not Get Injured The most American vacation of them all is the road trip, a journey great artists have paid tribute to in books, film, music, and more. But before you hit the road, know the score on staying safe. Traveling in a car for long hours can be dangerous. Talk to a Lawyer If you are injured during your travels or at any other time and you believe it is due to the negligence of another, speak to a lawyer. Tell your story. Many attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Cruise Ship Sickness: Can Passengers Sue? (FindLaw’s Injured) Cruise Ship Injuries: What Are Your Rights? (FindLaw’s Injured) Top Ten Road Trip Legal Tips (FindLaw’s Law and Daily Life)
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How Do You Prove Soft Tissue Injury?

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. Soft tissue injuries are like feelings — they’re real and they hurt but they can be invisible and not everyone believes in them. For these reasons, proving this kind of injury can be difficult, or more difficult than a more obvious type of harm, like a broken leg. Still, people do recover legal remedies for soft tissue injuries every day, so it is not at all impossible to get compensation for your damages after an accident. Let’s look at proving negligence in the context of this type of claim. Soft Tissue Injury Soft tissue injury refers to damage to soft areas of the body, like ligaments, muscles, and tendons. A hard tissue injury, by contrast, refers to a broken bone or damage to a hard area of the body. While a soft tissue injury can seem less traumatic on the surface — who wouldn’t prefer a strain to a break? — this kind of harm can last a long time and cause discomfort and make everyday duties difficult. Sprains, strains, and contusions in soft tissue do not always manifest immediately after an accident but the pain can last for years, which is why people seek to recover damages for their invisible injuries. Proving Negligence In brief, negligence is proven by showing that a person who owed you a duty of care fell below the standard required and breached that duty. If this breach is the cause of your injury and you suffer compensable damages, then you can recover for medical expenses, pain and suffering, lost wages, and more. But how do you prove you are truly sore if your injury is invisible? You will need to show medical records, evidence of having sought treatment and received a diagnosis. You can also support the claim with testimony, or affidavits. You may ask people who know you to speak about your limited mobility since the accident. You may also seek expert testimony to support your claim and explain to jurors the significance of your injury. A medical expert may testify about soft tissue injuries at trial, so that the jury better understands the harm in the way the medical community does. Although proving soft tissue injury may be more difficult than proving a broken leg, these types of claims are very common after car accidents. The force a vehicle exerts during a crash can cause a lot of damage to the human body, some of which may not register immediately. Whiplash The most common soft tissue injury is whiplash, officially known as cervical strain or sprain, or hyper-extension injury. As the official names indicate, whiplash happens when the body is strained or overextended in some way, causing damage. Whiplash is interesting because it illustrates the mysterious nature of soft tissue injury, and how dangerous this damage can be. Sometimes whiplash isn’t felt immediately after the accident but over time can manifest in stiffness, neck pain, back problems, and most alarmingly, cognitive issues. Injured? If you have been in a car accident and experienced an injury of any kind, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Types of Brain Injury (FindLaw’s Learn About the Law) Can I Get Compensation for Whiplash? (FindLaw’s Injured) Types of Car Accident Injuries (FindLaw’s Learn About the Law)
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Top 5 Reckless Driving Issues

The dangers of driving are many and you must pay close attention when you're on the road. Not only do you risk serious injury or even death when you're distracted, but there is also the possibility of being stopped by the cops and being charged with a traffic infraction or crime. Aggressive driving and road rage are not crimes in and of themselves. But they do lead to reckless driving, which is an offense. Let's look at the top issues surrounding reckless driving. 1. How Road Rage and Reckless Driving Are Related The National Highway Traffic Safety Administration considers aggressive driving a serious danger. Aggressive driving occurs, according to the NHTSA, when "an individual commits a combination of moving traffic offenses so as to endanger other persons or property." Aggressive driving and road rage lead to reckless driving, which leads to accidents and criminal cases. 2. Is Road Rage a Crime? In some states there are added penalties for crimes that arise from road rage. According to the NHTSA two-thirds of all accidents are caused by road rage, which leads to recklessness. So keep your eyes open, signal lane changes, and breathe deep when you feel angry, t could save you time, money, and your life. 3. Distracted Driving: Would You Pass a Textalyzer? Law enforcement officers are concerned about the prevalence of phone use on the road and though there is not yet a way to examine the role of phones in accidents, there may soon be. The textalyzer will allow police to analyze the phone activity of drivers before a crash =, and New York is the first state considering adopting the technology. 4. Can My Car Turn Me In for a Hit and Run? New cars are great for their innovations but would you feel the same way if one of those developments allowed your car to call the cops on you? Leaving the scene of an accident is a crime and, depending on your car's Emergency Assist functions, your car could call the police even if you don't think you need it. 5. Texting and Driving: 5 Potential Consequences You don't want to miss a text as plans can change at any minute. But you also don't want to drive and text or you could end up in an accident or facing a reckless driving charge. In California, fees and fines stemming from a first texting and driving ticket can reach $300. Talk to a Lawyer: If you are charged with a driving offense or a crime, speak to a lawyer today. Many criminal defense atorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Reckless Driving (FindLaw's Learn About the Law) Distracted Driving and Texting While Driving (FindLaw's Learn About the Law) State Traffic Laws Directory (FindLaw's Learn About the Law)
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My Car Accident Insurance Claim Was Denied

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. Most insurance companies only make money when they can take payments on customer policies and don't have to make payments on customer claims. And the less scrupulous insurance companies will find any reason not to pay claims. So it's not all that surprising if your car accident insurance claim was denied. What may be surprising to some, however, is that the denial doesn't mean you're out of options. Here's what you can do if your car insurance company has denied your accident claim. Additional Insurance Claims If you're involved in a multi-car accident and your insurance company denies your claim, you could file a claim with the other driver's insurance company. The law requires every driver to have automobile insurance, and most policies cover damage to another person, their property, or vehicle. If another driver was at fault in your accident, you may be able to recover from his or her insurance company. Make sure to always exchange insurance information after an accident, and you can use police reports and your own evidence to prove who was responsible for the accident. Additional Legal Claims Insurance companies aren't your only source of compensation for vehicle damage or injuries -- you can also file a lawsuit. And you have options when it comes to suing for your injuries. If the accident wasn't serious, you could file a suit in small claims court. Generally, small claims courts only hear cases involving damages of $5,000 or less, although that cap can vary by state. And some small claims courts may request the parties attend mediation rather than litigate the issue. For more severe car accidents, you may have to file a personal injury lawsuit in civil court. You may be able to recover more in damages in civil court, and you may be able to sue more parties as well. If another driver was negligent and caused the accident, you can sue the driver, and possibly their insurance company. Additionally, you could sue your car insurance company as well, if you believe they denied your claim in bad faith. Car accident lawsuits can be complicated, so you'll want someone with knowledge and experience on your side. If you've been injured in a car accident and your insurance company denied your claim, contact a personal injury attorney in your area to discuss your case. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) After an Accident: Insurance Claim or Lawsuit? (FindLaw's Injured) When Insurance Isn't Enough: Car Accident Lawsuits (FindLaw's Injured) Coverage for Car Accidents With Uninsured Motorists (FindLaw's Injured)
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