Walmart Claims Management 3-month old falls out of malfunctioning shopping cart in store and Claims Management Inc. c/o Victorville Walmart does not want to pay claim after making us wait 2 month and over $7000.00 in medical bills Victorville California

About 4 weeks ago (Saturday) i was in a Supercenter with my fiance, niece and 3 year old son. I stopped in the main aisle that separates Electronics for Clothing to look at some item they had on sale. My 3 year old son was standing about 2-3 feet away from me watching and waiting for me to get finished. While standing there the Electronics manager was working on the opposite side of the TV's that was on sale in the middle of the aisle that my son happen to be standing in-front of.

There was around 3-4 televisions on this display, still in box that was sitting on a thin piece of particle board held up off the floor by 4 rubber looking blocks. Needless to say, the particle board they was sitting on was not quite big enough for the amount of TV's that was on it without some kind of straps to protect it. Needless to say the manager jarred the display while working on the other side and one of the 50" TV's fell on my son covering his whole body. When the TV fell, it knocked by shopping cart and the shelf i was looking at across the aisle.

I heard my son scream to see only his right hand sticking out from under the box. My first thought was to get him out but couldn't pick this huge TV up by myself so i grabbed his hand and pulled as hard as i could and got him out. I know this wasn't probably the smartest thing to do but it was a natural instinct. The TV was so heavy that when i pulled him out from under the TV he came out of his shoes which remained under the TV. The manager that witnessed it was in complete shock and couldn't respond to the incident.

While i'm checking over my son she finally got herself together and called for an accident report. Not once did she offer to call medical assistance. After filling out the report my son first seemed ok but just a few minutes later he started trying to go to sleep. I turned around and found the manager that did the report and told her i was immediately taking him to the emergency room. We left our cart that was filled with meat food and other items sitting in the middle of the aisle because my son was so more important than those items. As we are leaving we passed the csm desk. I ran over to one of the csm's and informed them we was going to the er, then we left and straight there.

The hospital was concerned because the inside of his ear and side of his face was immediately bruised. They ordered X-ray's and a head scan. Thank god for miracles but he didn't suffer from any broken bones. Then the scan results came a few minutes later. Again another miracle was revealed. He did not sustain any major life threatening injuries just a lot of major bruising on the inside and out and a mild concussion. The doctor said my quick response to get him out from under the TV was probably what kept him from getting crushed.

The following day (Sunday) the Store Manager called me to check on the well being of my son and to inform me that he reviewed the incident and took it upon himself to file a claim with their insurance company and an agent should be contacting me on the first business day following. The very next day (Monday) as promised by the store an agent contacted me from Claims Management and has been calling once a week to make sure my son is still ok. I'll update you with any new info as soon as the claim is over, but at this moment the Insurance company has been very professional and has taken responsibility for what has happened to my son.

just about every other corporation in the USA, including the U.S. Government, are being controlled by LAWYERS.

I'm in Walmart all the time and I see five and six year olds in the seat part of the cart with no problems. Obviously, a child that old weighs alot more than a baby. Even if the three month old was flailing around wildly, the child simply doesn't have enough weight or physical strength to tip the cart over. I've actually put large bags of cat litter in that part of the cart without it tipping. Something else must've happened here.

Not to sound mean, but my guess is the other child or someone else tipped over the cart.

 

First, I am sorry to hear your story and pray for your child's health. Being experienced in personal injury claims, Walmart's legal department has the upper hand on you. Here is the problem: 1) 911 was not called immediately 2) Instead of rushing out of the store to seek medical attention, you waited for a time to talk to a Walmart manager. 3) Instead of having a sense of urgency, your wife (unbelievably) was focused on going through the check out to make Her purchases. I know it sounds harsh, but that is what their defense attorneys are thinking.........God Luck, Carl

to hear about your baby, but you failed to mention if you had the cart seat strapped into the proper cart buckles that are always attached to the cart seat...

If the straps were faulty on the cart... you would of known it the moment you clipped them together.. you would of heard a 'clicking noise'... did you hear the clicking noise?

You WOULD have seen the faulty clips on the carts... if the carts didnt have buckles you should not of used them, anyone with sense would know better.

I just feel bad for your baby, and I hope she is okay. Its terrible that it had to happen

I dont think walmart is responsible for this though, I do hope you further tell us how the baby, flipped out

did the baby flip out on her own? Or did the cart tip? Im confused exactly on how this happened?

to hear about your baby, but you failed to mention if you had the cart seat strapped into the proper cart buckles that are always attached to the cart seat...

If the straps were faulty on the cart... you would of known it the moment you clipped them together.. you would of heard a 'clicking noise'... did you hear the clicking noise?

You WOULD have seen the faulty clips on the carts... if the carts didnt have buckles you should not of used them, anyone with sense would know better.

I just feel bad for your baby, and I hope she is okay. Its terrible that it had to happen

I dont think walmart is responsible for this though, I do hope you further tell us how the baby, flipped out

did the baby flip out on her own? Or did the cart tip? Im confused exactly on how this happened?

to hear about your baby, but you failed to mention if you had the cart seat strapped into the proper cart buckles that are always attached to the cart seat...

If the straps were faulty on the cart... you would of known it the moment you clipped them together.. you would of heard a 'clicking noise'... did you hear the clicking noise?

You WOULD have seen the faulty clips on the carts... if the carts didnt have buckles you should not of used them, anyone with sense would know better.

I just feel bad for your baby, and I hope she is okay. Its terrible that it had to happen

I dont think walmart is responsible for this though, I do hope you further tell us how the baby, flipped out

did the baby flip out on her own? Or did the cart tip? Im confused exactly on how this happened?

to hear about your baby, but you failed to mention if you had the cart seat strapped into the proper cart buckles that are always attached to the cart seat...

If the straps were faulty on the cart... you would of known it the moment you clipped them together.. you would of heard a 'clicking noise'... did you hear the clicking noise?

You WOULD have seen the faulty clips on the carts... if the carts didnt have buckles you should not of used them, anyone with sense would know better.

I just feel bad for your baby, and I hope she is okay. Its terrible that it had to happen

I dont think walmart is responsible for this though, I do hope you further tell us how the baby, flipped out

did the baby flip out on her own? Or did the cart tip? Im confused exactly on how this happened?

This is one of many scenarios new mothers are fearful of. I hope your baby is OK.

The shopping carts are not designed to place the carseat/carrier into them. Many of us do this (I have), but it is not safe. One store may have a cart different from others, and all carseat carriers are not made the same. They do not fit in the shopping carts safely. Also, if you do not have many purchases in the cart, the cart can tip from being top heavy with just a little bump from another cart. I know it's convenient, but this is one practice we should all stop doing.

As a side note, numerous times in the last month, I have seen children appearing to be under 2 years old (I have a 2 year old) standing up in the back of the shopping carts. One time was in a parking lot as the father was pushing the cart to the car. Why??!!

I am SOO sorry to hear of your experience. That is awful!I used to work at a department store at a mall and I can tell you that WalMart is legally responsible for ANY accident which occurs on their property. We were forever running kids off the brick wall around our outside cart corral becuase if one fell and got hurt we would have had to foot the medical bills.

Management told us that even though the store was in a mall, the store itself, sidewalk and equipment, etc immediately surrounding it were store property and the store is liable for ALL acidents which occur on their property regardless of whether the customer caused it with their actions and behavior or not. I suggest you get an attorney and file a lawsuit. And in the future...NEVER trust the shopping cart.

I always put the car seat in the bottom of the carts when my kids were little. Now that my youngest is 2...I often bring along my own belt in my purse since most of the shopping carts at the stores have belts with broken clips or they are warped and can be easily opened. Just last month I saw someone's two year old who had unclipped the belt, flipped out of the seat and was swinging monkey style from the cart handle. SCARY!

I am SOO sorry to hear of your experience. That is awful!I used to work at a department store at a mall and I can tell you that WalMart is legally responsible for ANY accident which occurs on their property. We were forever running kids off the brick wall around our outside cart corral becuase if one fell and got hurt we would have had to foot the medical bills.

Management told us that even though the store was in a mall, the store itself, sidewalk and equipment, etc immediately surrounding it were store property and the store is liable for ALL acidents which occur on their property regardless of whether the customer caused it with their actions and behavior or not. I suggest you get an attorney and file a lawsuit. And in the future...NEVER trust the shopping cart.

I always put the car seat in the bottom of the carts when my kids were little. Now that my youngest is 2...I often bring along my own belt in my purse since most of the shopping carts at the stores have belts with broken clips or they are warped and can be easily opened. Just last month I saw someone's two year old who had unclipped the belt, flipped out of the seat and was swinging monkey style from the cart handle. SCARY!

I am SOO sorry to hear of your experience. That is awful!I used to work at a department store at a mall and I can tell you that WalMart is legally responsible for ANY accident which occurs on their property. We were forever running kids off the brick wall around our outside cart corral becuase if one fell and got hurt we would have had to foot the medical bills.

Management told us that even though the store was in a mall, the store itself, sidewalk and equipment, etc immediately surrounding it were store property and the store is liable for ALL acidents which occur on their property regardless of whether the customer caused it with their actions and behavior or not. I suggest you get an attorney and file a lawsuit. And in the future...NEVER trust the shopping cart.

I always put the car seat in the bottom of the carts when my kids were little. Now that my youngest is 2...I often bring along my own belt in my purse since most of the shopping carts at the stores have belts with broken clips or they are warped and can be easily opened. Just last month I saw someone's two year old who had unclipped the belt, flipped out of the seat and was swinging monkey style from the cart handle. SCARY!

I am SOO sorry to hear of your experience. That is awful!I used to work at a department store at a mall and I can tell you that WalMart is legally responsible for ANY accident which occurs on their property. We were forever running kids off the brick wall around our outside cart corral becuase if one fell and got hurt we would have had to foot the medical bills.

Management told us that even though the store was in a mall, the store itself, sidewalk and equipment, etc immediately surrounding it were store property and the store is liable for ALL acidents which occur on their property regardless of whether the customer caused it with their actions and behavior or not. I suggest you get an attorney and file a lawsuit. And in the future...NEVER trust the shopping cart.

I always put the car seat in the bottom of the carts when my kids were little. Now that my youngest is 2...I often bring along my own belt in my purse since most of the shopping carts at the stores have belts with broken clips or they are warped and can be easily opened. Just last month I saw someone's two year old who had unclipped the belt, flipped out of the seat and was swinging monkey style from the cart handle. SCARY!