I AM SUING WALMART: CLAIM #230- 586-46

How To Sue Walmart

Camila Lopez?-?Suing a Business?-?August 26, 2022

Contents

1. Common types of small claims lawsuits against Walmart
2. What to do before suing Walmart in small claims court
3. How much does it cost to sue Walmart in small claims?
4. How much can you sue Walmart for in small claims?
5. How to file a small claims lawsuit against Walmart
6. What is a small claims court hearing like?

Do you have a dispute with Walmart over a refund, purchase, personal injury, or damages to your vehicle? You have several options, including suing Walmart in small claims court.

In this article, learn about:

• Common types?of small claims lawsuits against Walmart.
• What to do before?suing Walmart in small claims court.
• How much does it cost to sue Walmart in small claims?
• How much can you sue Walmart for?in small claims?
• How to file?a small claims lawsuit against Walmart.
• Fun fact,?lawyers are not allowed?at the initial small claims hearing! This is to even the playing field so that each party has an equal chance of obtaining justice.

Common types of small claims lawsuits against Walmart

We often receive the question,?can I sue Walmart in small claims??The answer is yes as long as the dispute is for $10,000 or less (more on this below).

Here are some examples of small claims lawsuits against Walmart:

• Failure to deliver the items you purchased.?For example, you purchased an item from Walmart online but they never delivered the item.
• Issue with Walmart Auto Care Center.?For example, you took your car to Walmart to get the oil changed, but instead they messed up your engine.
• Personal Injury.?For example, if you fell inside a Walmart and injured yourself. Keep in mind that many personal injury lawyers take personal injury cases "on a contingency" meaning you only pay if you win so you may want to consult with an attorney before suing in small claims!?

What to do before suing Walmart in small claims court

Send a Demand Letter

A?demand letter?is a letter that?outlines a set of requests. For example, you could request a refund and explain why you are requesting a refund.?

If you eventually decide to?sue in California small claims court, you are required to first?request your money or property back?before you can file the lawsuit. While you can request your money or property back orally, it is recommended you do so in writing in the form of a demand letter.

What to include in the demand letter?

Unsure of what to include in your demand letter to Walmart? Here are a few suggestions:

• How much money you are owed.
• Why you are owed money.
• Your contact information.
• Where to send payment.
• Give them a few days to respond (usually about 7 to 14 days).
• State that if they don't respond, you intend to sue.

Where to send the letter:

Walmart Inc.

702 SW 8th Street

Bentonville, AR 72716

You can also send a copy of the letter to their registered agent in California:

CT?Corporation System

ATTN: Walmart Inc.

818 West Seventh Street

Suite 930

Los Angeles, CA 90017

Make sure to always verify this information by reviewing the California Secretary of State's website as this information may change.?Learn how here.

If Walmart ignores your demand letter, what is the next step? You can?sue Walmart in a small claims court.

How much does it cost to sue Walmart in small claims?

So how much are you going to spend by suing Walmart in small claims court?

Court Filing Fees

The amount you will pay to?file a small claims?lawsuit in California depends on how much you are suing Walmart for.?You will pay between $30 to $75 to file the lawsuit.?If you cannot afford to pay court fees, you can ask the court to waive the fees.?

Serving Costs

Once the lawsuit is filed, you have to notify Walmart that you have sued them. This is called "serving."?Serving Costs?can range from $0-$75.

Walmart has an agent in each state it has a store. Officially this agent is called an "agent for service of process" which means the person or business responsible for receiving legal documents on behalf of Walmart.

In California, this is Walmart's agent:

CT?Corporation System

818 West Seventh Street

Suite 930

Los Angeles, CA 90017

If you win, you can request that Walmart pay for your court fees and serving costs.

How much can you sue Walmart for in small claims?

In California,?you can sue Walmart for a maximum of?$10,000 if you are an individual. If you are a business suing Walmart,?you can sue for a maximum of $5,000.?Note, if you are a sole proprietor, you count as an individual.

By suing in small claims you are agreeing to?waive any amount over the maximum amount you can sue for, even if you are owed more. For example, if Walmart owes you $15,000, and you decide to sue in small claims, you are waiving suing for an additional $5,000. Meaning that you will win a maximum of $10,000.

While you may be missing out on the full amount you are owed, there are practical benefits to suing in small claims instead of suing in "regular court."

Here are some of the benefits:

1. Court filing fees are cheaper?in small claims than in other courts.
2. The process is?faster in small claims?than in other courts as your hearing will usually be scheduled 30-70 days after you file the lawsuit.
3. Lawyers are generally not allowed in small claims?which helps keep the costs of suing low.?

How to file a small claims lawsuit against Walmart

We have outlined each one of these steps in detail,?click the links to learn more.

1. Prepare and?file the lawsuit.?Learn more.
2. Notify ("serve")?Walmart's agent for service of process.?Learn more.
3. Prepare for and?attend the small claims hearing.?Learn more.

Once the lawsuit is filed, the small claims hearing will be scheduled 30-70 days later.

Make sure to review any terms you agreed to with Walmart!?Here is a link to Walmart's?general terms of use.

What is a small claims court hearing like?

Small claims hearings in?California small claims?are informal and most hearings last around 15 minutes. While many disputes settle before the hearing, here is what to expect if your lawsuit does not settle.

Who will represent Walmart at the hearing?

• The easiest way to answer this question is that?a lawyer will not be representing Walmart?since lawyers cannot represent parties at the initial small claims hearing. They will have a non-attorney representative.

The hearing:

• Right before the hearing, the judge will ask you and Walmart's representative to
• show each other the evidence?that you will later show the judge.
• The judge will ask you?why you are suing.
• The judge will ask Walmart's representative to tell them?their side of the story.
• The hearing will last around?15 minutes.
• The judge will ask you to?show them the evidence?you brought. Sometimes the judge will keep the evidence. Other times, you will get the evidence right back.
• Very rarely a judge will tell you whether you won or lost at the hearing. Instead, the judge will tell you that their?decision will be mailed to you?(usually takes a few weeks to two months or so).

Legal trouble

Over the last decade or so Walmart has become involved in numerous lawsuits for a variety of reasons. The majority of the suits are class action lawsuits in which employees are suing for unpaid wages.[20]?They have also run into numerous discrimination cases in which employees are suing for being profiled out of money or out of jobs. For example, there were two separate cases, one in 2004 and one in 2005, in which black employees were suing two different Walmarts for denying them jobs based on race.[21]?These became so popular that the Reverend?Jesse Jackson?intervened and spoke during both of the proceedings. There are also many lawsuits in which women are suing Wal-Mart for discriminating against them. In one article written in 2004 USA today mentioned 32 different lawsuits that involved women suing Walmart. But still Walmart has prevailed.[22]?All of this has not had any effects on Walmart financially however, according to Fortune 500, Walmart still had $351 billion in revenue ($11 billion in profit) in 2007, a new high for the corporation.[23]

On December 3, 2008, the family of Walmart service worker Jdimytai Damour, who was killed by a stampede of shoppers frantically entering a Walmart store in?Valley Stream, New York, on?Black Friday?(November 28),[24]?filed a?wrongful death?lawsuit against the corporation; Damour's family alleged Walmart of encouraging a mass number of customers to come to the store simultaneously.[25]?In addition, the?Occupational Safety and Health Administration?cited Walmart for "...inadequate crowd management following the Nov. 28, 2008, death of an employee at its Valley Stream, New York, store. The worker died of asphyxiation after being knocked to the ground and trampled by a crowd of about 2,000 shoppers who surged into the store for its annual 'Blitz Friday' pre-holiday sales event."?[26]?The company went on to spend an estimated $2 million in legal fees fighting OSHA's $7,000 fine, because it apparently wished to prevent OSHA from establishing a precedent that would enable OSHA to influence Walmart's crowd control measures in the future.[27]

Countries of operation[edit]

As of 2022, Walmart stores operate in?Botswana,?Canada,?Chile,?China,?Costa Rica,?El Salvador,?Ghana,?Guatemala,?Honduras,?India,?Kenya,?Lesotho,?Malawi,?Mexico,?Mozambique,?Namibia,?Nicaragua,?Nigeria,?South Africa,?Swaziland,?Tanzania,?Uganda, the?United States?(including?Puerto Rico) and?Zambia.[28][29]

Walmart Injury Claims

Walmart gets sued nearly 20 times daily, close to 5,000 lawsuits each year. Many of these lawsuits have been brought by Walmart's employees, bringing employment discrimination and wage and hour claims, mostly involving overtime.

Our law firm handles?only?severe injury and wrongful death personal injury cases. This article is about personal injury tort claims against Walmart. Most typically, they are slip and fall or other premises liability cases, truck accidents, negligent security, or pharmacy malpractice cases.

Can you sue Walmart if you are a customer and suffered an injury due to their negligence? Most likely, you can. How do you sue Walmart or convince them to settle? Your best path is to hire the best lawyer that you can.

Why a Walmart-specific page? Walmart is a prominent defendant. Some aspects of suing Walmart and fighting this company in court differ from dealing with other companies. It does not reflect any particular animosity our lawyers have towards Walmart.

A quick survey of our law firm shows almost all of our lawyers and paralegals shop there. You cannot avoid Walmart and?Amazon?in 2023.?But it is the rare big large company that is even-handed when it comes to claims and litigation. Walmart plays hardball from the incident report to appeal your verdict.?

Walmart has a reputation in accident claims for being particularly aggressive. In some ways, the company is like its shoppers. Walmart wants to get the best deal that it can. But, in this case, Walmart getting the best deal means not giving the victims that it hurts and kills by its negligence reasonable compensation for the harm it causes. That is not justice.

Everyone knows Walmart. It is the world's largest company?by revenue?in 2023 and the largest non-governmental employer. It is the most frequently sued private personal injury claims defendant in the United States.?

• Parent's Choice baby food?autism lawsuits against Walmart
• Tylenol lawsuit?involving Walmart alleging?acetaminophen label should include risk to unborn children of autism and ADHD
• EzriCare eye drops lawsuits?after the CDC told patients to stop using the drops because of the risk of a deadly infection

Walmart Injury Claims

Walmart gets sued nearly 20 times daily, close to 5,000 lawsuits each year. Many of these lawsuits have been brought by Walmart's employees, bringing employment discrimination and wage and hour claims, mostly involving overtime.

Our law firm handles?only?severe injury and wrongful death personal injury cases. This article is about personal injury tort claims against Walmart. Most typically, they are slip and fall or other premises liability cases, truck accidents, negligent security, or pharmacy malpractice cases.

Can you sue Walmart if you are a customer and suffered an injury due to their negligence? Most likely, you can. How do you sue Walmart or convince them to settle? Your best path is to hire the best lawyer that you can.

Why a Walmart-specific page? Walmart is a prominent defendant. Some aspects of suing Walmart and fighting this company in court differ from dealing with other companies. It does not reflect any particular animosity our lawyers have towards Walmart.

A quick survey of our law firm shows almost all of our lawyers and paralegals shop there. You cannot avoid Walmart and?Amazon?in 2023.?But it is the rare big large company that is even-handed when it comes to claims and litigation. Walmart plays hardball from the incident report to appeal your verdict.?

Walmart has a reputation in accident claims for being particularly aggressive. In some ways, the company is like its shoppers. Walmart wants to get the best deal that it can. But, in this case, Walmart getting the best deal means not giving the victims that it hurts and kills by its negligence reasonable compensation for the harm it causes. That is not justice.

How Does Walmart Handles Claims?

How does Walmart handle claims against it? They fight them.

How does that work??Walmart has set up a subsidiary called Claims Management, Inc. acts as its own third-party insurance adjuster. Claims Management manages, values, and tracks Walmart accident claims. It does all of the legwork on processing claims, getting information from the victims, trying to get recorded statements, and so forth.

You will feel like you are dealing with a separate company which might give you the feeling that you are dealing with a third party who might treat you more fairly. Ultimately, you are dealing with Walmart.

Where Are the Big Walmart Settlements as Opposed to Verdicts?

Walmart has good lawyers. Any significant settlement with Walmart will have the tightest confidentiality clause you have ever seen. So Walmart keeps the lion's share of the settlement compensation payouts it makes under tight wraps.

Walmart Fights Like an Insurance Company... But Harder

Generally speaking, fighting against a large corporation is easier than fighting an insurance company. Why? Because insurance companies often have in-house counsel -- paid attorney employees -- to challenge their claims.

Even big companies need to hire lawyers. This makes settling claims before a lawsuit is filed more advantageous. Big companies often do not want their reputations besmirched by being the subject of many lawsuits. The corporate image also acts as an incentive to settle cases more quickly.

Walmart seemingly cares little about these things. It acts a lot like an insurance company. It does not fear its reputation will be tarnished by litigation (unless maybe someone?really famous?is involved). It is not particularly concerned about legal fees.

The one way Walmart's policy in injury cases is different from an insurance company is that it fights harder. The company aggressively challenges personal injury lawsuits even when it makes economic sense to settle the claim. This is probably to discourage the filing of lawsuits. But it has not worked.

But win or lose, this retail giant desperately wants to make plaintiffs' lawyers feel like they have been in a fight. Getting documents from them in litigation is always World War III. Judges around the country have sanctioned Walmart for not producing documents and frustrating legitimate fact-finding by the plaintiffs' attorneys.

Can Walmart be beaten in an accident claim? Absolutely. The deciding factor in most lawsuits against Walmart or any other defendant in this country is the facts. The side that should win usually does win.

That is the good news. The bad news in the average settlement on a Walmart claim is that you will have to fight to get what you deserve. Most Walmart settlement offers will be for far less than fair value. Getting fairly compensated will likely require you to retain a personal injury lawyer.

• Walmart is now a defendant in the?baby powder lawsuits?because it has continued to sell the product after it has been linked to ovarian cancer

Walmart Verdicts and Settlements Payouts

Below are summaries of some successful verdicts and settlements around the country. We did not pull these at random, so please do not think these are a representative sampling or that they can tell you by themselves the value of your or your client's case, even if you have similar facts.

Where are the significant Walmart settlements as opposed to verdicts? Walmart has good lawyers. Any big settlement with Walmart will have the tightest confidentiality clause you have ever seen?

• October 2022 Maryland $154,379 Verdict:?While browsing the produce area of a Walmart store, the a woman's left foot made contact with an empty cart with four wheels that had been placed on the floor to hold additional bananas beneath the table's banana exhibit. The woman fell after tripping over the cart. The plaintiff alleged that she had experienced harm, which included tears in her right hip, hamstring, and thigh, as well as a Grade IV chondromalacia patella in her left knee.
• March 2020 Florida: $266,100 Verdict:?A woman suffered (unspecified) permanent injuries after slipping and falling on a Walmart’s wet floor. She claimed that Walmart failed to maintain safe premises and failed to warn of hazardous conditions. The woman sought compensation for pain and suffering, disability, disfigurement, medical bills, and lost wages. Walmart claimed no knowledge of the hazard. The jury found the woman 65 percent liable and Walmart 35 percent liable. They awarded a $266,100 verdict.
• January 2020 Florida: $572,988 Verdict:?A woman slipped and fell on an unknown substance in a Walmart grocery aisle. She suffered permanent injuries. The woman claimed the company failed to maintain safe conditions. Of course, Walmart denied liability, arguing that the woman’s negligence caused her injuries. The jury found the store 100 percent liable and awarded the woman a $572,988 verdict
• February 2019 West Virginia: $16,900,000 Verdict:?Plaintiff, a 52-year-old grandmother, was shopping at her hometown Walmart with her granddaughter in the shopping cart. Store security had caught a known shoplifter and detained him near the back of the store. The shoplifter then attempted to flee from security and ran the plaintiff over on his way out, knocking her over, and the shopping cart with the granddaughter fell on top of her. Plaintiff suffered major abdominal injuries that internally damaged her intestines, requiring numerous surgeries, over 20 hospitalizations, and leaving her permanently dependent on a feeding tube. Plaintiff hired a personal injury lawyer who sued Walmart, claiming that its security staff was negligent in attempting to detain the shoplifter who had run from them on previous occasions. Walmart denied any wrongdoing and blamed the shoplifter. The jury awarded $16.9 million, the largest verdict in the history of West Virginia.
• June 2019 Colorado: $583,040 Verdict:?A man on crutches requested an electric cart. The back support collapsed as he sat in the cart, causing him to fall backward. His knee also became caught on the cart’s handlebars, preventing him from falling onto the floor. The man suffered soft-tissue spinal injuries. He claimed that Walmart should have known of the defective carts and failed to warn customers of the hazard. Walmart denied responsibility, arguing that the man’s injury was pre-existing. The jury found Walmart 75 percent liable and the man 25 percent responsible. They awarded a $583,040 verdict.
• June 2019 Washington:?$325,000 Settlement: Here is a rare exception to the "good Walmart settlements don't get reported" rule. A 70-year-old man slipped and fell on water leaking from a mini-refrigerator at a Walmart. He suffered leg and ankle fractures that required multiple surgical procedures. The man claimed that the mini-refrigerator had been leaking for several hours and that Walmart failed to clean it up. This case was settled for $325,000.
• May 2017, New Jersey: $25,000 Settlement:?A boy was with his mother shopping at Walmart store #2109 in Millville, New Jersey, when he tripped and fell over snow shovels left on the aisle floor. He sued Walmart for negligently allowing a dangerous condition to remain on the property and failing to warn and sought damages for “unspecified injuries” and medical expenses resulting from the trip and fall. Walmart settled the case out of court for $25,000.
• July 2016, Ohio: $81,500 Verdict:?A 51-year-old woman was shopping at Walmart and was pushed backward and fell while pushing a shopping cart as a pallet jack/pallet being pushed down the same aisle by a Walmart employee struck her cart. She claimed that she suffered disc herniations with chronic radiculopathy; a partially torn rotator cuff; and other soft tissue injuries. Walmart admitted liability but dispute the alleged damages. Walmart rejected the plaintiff’s $110,000 settlement demand, and a jury awarded the plaintiff $81,500 in damages.
• July 2016, Missouri: $6,000 Settlement:?A minor was with her parents at a Walmart in Raytown, Missouri, and she slipped and fell on a wet floor and suffered non-specified injuries. Her mother filed suit on her behalf, and the case was promptly settled for $6,000.
• May 2016, Pennsylvania: $17,500 Arbitration Award:?The plaintiff was walking on the sidewalk in front of his local Walmart store when he tripped on an elevated edge of the concrete and fell and hit his face and head. He allegedly suffered a maxillofacial fracture, three lost teeth, a cervical strain, and multiple contusions and abrasions. He filed a Walmart lawsuit, alleging it failed to maintain the condition of the sidewalk and negligently created a tripping hazard. Walmart denied any hazardous or dangerous condition on the premises and argued that the plaintiff failed to watch where he was walking. An Arbitration Board in Allegheny County awarded the plaintiff $17,500.
• February 2016, New York: $59,000 Settlement:?A 13-year-old girl overdosed on her prescribed prednisone after a Walmart pharmacist mislabeled the prescription bottle, which caused her to take more of the medication than prescribed by her physician. The overdose caused temporary hair loss, vomiting, muscle cramping, and shaking, putting her in the hospital for two days. The case was settled for a total of $59,520, $30,000 of which was put into an annuity for the benefit of the minor.
• March 2013, Texas: $199,112 Verdict:?A 42-year-old clerical worker slipped and fell while walking in the meat department of an El Paso Walmart. She was taken by ambulance to a local emergency room, where she was treated for?disc herniations?and bulges, a sprained right ankle, an?annular tear, and a torn ligament in her right knee. Her Walmart lawsuit claimed the employees had washed the concrete floor with a mechanical scrubber that had been excessively filled with soap and used an incorrect mop. Plaintiff also claimed that the defendant failed to place wet floor signs. Defendant denied liability, claiming the floor had thoroughly dried at the time of the fall. The defense lawyer also argued the plaintiff’s disc injuries were pre-existing conditions. An El Paso jury found Defendant liable for Plaintiff’s injuries and returned a $199,112 verdict.

Contact Us

Please feel free to contact us with any questions or comments.

Walmart Claims Services, Inc.

Attn: Compliance Office

PO Box 14731

Lexington, KY 40512-4731

Tel:?(800) 527-0566

I am suing Walmart as of today, for claim # 230 586 46.

Date of damages: May 25, 2023

Location: Walmart Store # 3702

I sent all requested items for my claim. Nothing has been done after all of these weeks. All of the damages were recorded in high definition video, on the premises of store # 3702 both inside and out.

I have been treated like a sub human, and did everything in my power to avoid taking legal action. Due to the fact that all other options have been attempted, we have no choice but to file law suit against Walmart Incorporated.

We know all of our rights, and we will see you in court as soon as the next date is made available. We will fully document the entire process, as part of our new digital marketing campaign.

I want to personally thank, publicly, Walmart for all of the abuse my family has endured since the day all damages occurred. And I will pursue the absolute maximum compensation for all of the damages to my personal property.

I also take the call to action to help all others in need, with any similar law suits against Walmart Inc absolutely for free. This will be my new life's mission to create awareness of this abusive and neglectful situation, because I understand that the average person will be intimidated by your fraud processes at Walmart Claim Services, which is not a neutral third party arbitrator, but a mere extension of Walmart Inc of litigation deception.

I will provide a complete guide to fight back against these types of abuses not only from Walmart, but especially Walmart.

This is only day one.