Armed Polite Society
Main Forums => The Roundtable => Topic started by: Ben on November 10, 2017, 09:16:48 AM
-
Giminy Christmas. I think this might be higher than the McDonalds "The coffee was too hot" incident.
Even if Walmart were in fact totally at fault here, I just can't see a broken hip being worth more than something somewhere in the six figure range (I will even concede to high six figures).
http://www.foxnews.com/us/2017/11/10/jury-awards-7-5m-to-man-who-says-was-injured-buying-watermelons-at-walmart.html
-
Giminy Christmas. I think this might be higher than the McDonalds "The coffee was too hot" incident.
Even if Walmart were in fact totally at fault here, I just can't see a broken hip being worth more than something somewhere in the six figure range (I will even concede to high six figures).
http://www.foxnews.com/us/2017/11/10/jury-awards-7-5m-to-man-who-says-was-injured-buying-watermelons-at-walmart.html
I'm pretty sure a lot of these stupid payouts come from jurors that think: "Hey, Walmart's got money. What's $7.5 Million to them?" with no bearing on whether they were actually in the wrong.
-
I'm pretty sure a lot of these stupid payouts come from jurors that think: "Hey, Walmart's got money. What's $7.5 Million to them?" with no bearing on whether they were actually in the wrong.
Exactly that.
-
I don't know about that doofus but my hip is worth atleast that much.
-
I don't know about that doofus but my hip is worth atleast that much.
That must be a fancy hip. You can get a new hip for about $50k.
https://www.bcbs.com/the-health-of-america/reports/study-cost-variations-knee-and-hip-replacement-surgeries-us
-
Outside of some pretty big negligence, which doesn't sound like the case, wtf.
Sent from my Pixel XL using Tapatalk
-
I'm gonna send Walmart a letter and tell them I had cramps when I went into the store. I wonder what that's worth?
-
I'm pretty sure a lot of these stupid payouts come from jurors that think: "Hey, Walmart's got money. What's $7.5 Million to them?" with no bearing on whether they were actually in the wrong.
It is why John Edwards(thanks Millcreek), during his career as a lawyer, would only sue when he had a live but disabled baby, not dead ones.
Dead babies are tragic, but the payoff is limited.
You have a live disabled baby you can wave around? Worth a lot more money.
Walmart does well on these sorts of awards on appeal because it's really obvious that the jury just wanted walmart to pay because of deep pockets, not actual liability.
If the dude was old he should have asked for assistance before stepping on a platform not intended to be stepped on.
-
It is why Al Gore, during his career as a lawyer, would only sue when he had a live but disabled baby, not dead ones.
Al Gore was never an attorney. I think you are actually thinking of John Edwards from North Carolina. Mr. Edwards is famous in my field and made quite the career of obstetrical malpractice litigation.
-
WalMartians deserve neither sympathy nor large damage settlements.
the WalMartians I see are shopping in thier pajamas in the middle of the day and buying junk food and diapers and cigarettes and paying with a gubmint subsidy card.
-
I'm gonna send Walmart a letter and tell them I had cramps when I went into the store. I wonder what that's worth?
If there is any justice in the world, their response will include a coupon for a free box of midol.
Sent from my Pixel XL using Tapatalk
-
If I remember correctly, walmart sells its watermelons in giant cardboard boxes sitting on the top of a pallet. So he stuck is foot in the pallet and tripped? The display doesn't seem unreasonably dangerous to me. It is impossible to make a store that a person can't fall down in.
-
If I remember correctly, walmart sells its watermelons in giant cardboard boxes sitting on the top of a pallet. So he stuck is foot in the pallet and tripped? The display doesn't seem unreasonably dangerous to me. It is impossible to make a store that a person can't fall down in.
That's how MOST places sell their watermelons, I find. Also other large things like pumpkins.
One lawsuit I remember is a woman suing the store because she slipped on a wet floor - the floor was wet because her kids had just poured water/soda/whatever all over it, and rather than calling for a store clerk to clean it up, she stepped in it. She didn't even give the store a minute to notice.
Yes, I think a little personal responsibility is necessary. Don't go stepping on shelves/platforms that aren't intended for humans to stand on. Don't go stepping on obviously wet tile. That sort of stuff.
The store should be responsible for things like the floor breaking out from under somebody, precariously stacked goods falling on people, shelves breaking from routine use, etc...
-
Can't the presiding judge reduce the actual payout? I seem to recall cases where the jury's award was reduced significantly, either by the judge or on appeal.
-
The store should be responsible for things like the floor breaking out from under somebody, precariously stacked goods falling on people, shelves breaking from routine use, etc...
Yet sadly, when the store is in fact responsible, those payouts seem to be in the five figure range. I suppose statistically, people hurt when it's the store's fault are usually not the kind of people looking for a payout, so they simply settle, often out of court, for their actual damages, while the people looking for a payout know the right lawyers and go for the outrageous max.
-
Can't the presiding judge reduce the actual payout? I seem to recall cases where the jury's award was reduced significantly, either by the judge or on appeal.
There are usually limited legal grounds for the trial or appellate court judges to overrule the decision of the jury. It can be done, but it does not happen often.
-
I see. I was thinking that the award was high so that the possibility of it being reduced on appeal would still result in a significant payout for the plaintiff.
-
Don't go stepping on obviously wet tile. That sort of stuff.
OTOH, I have seen what can only be termed a complete lack of giving a s___ about dangerous situations by people who should know better.
McDonalds a couple weeks ago; one of the usual drunks filled up a large soda, and immediately stumbled and dropped the whole thing right in front of the front door. (Like most McDs, the side door gets most of the traffic, but people walking over from the college across the street or the bar on that side tend to come in the front, so maybe 15-25% of those entering come in that way.) Employee was headed to swap out the sweet tea, and stepped over the puddle without doing anything. Stepped over it again on the way back. There was a "WET FLOOR" sign folded and tucked in against the drink counter, so it's not like she'd have had to do much to at least mark the spill. Not a heavy traffic time, around 4-5 people in the dining room and no line on drive through, so it's not like they were swamped.
Ten minutes later, assistant manager wanders out to refill napkins. Steps over the spill and does nothing about it. People were tracking soda over half the store by this point.
Pointed it out to the manager. Nothing happens. Friends show up. We sit and talk for about an hour. Puddle is to large to step over by the time we leave, so we lay out a path of trays to get out the door.
90 minutes of a large liquid spill on a tile floor in a primary pathway. In retrospect, I really should have had my FauxPro running in case anyone did fall, to show the employees ignoring the spill repeatedly, my reporting it to the manager, and the complete lack of action on it.
-
I see. I was thinking that the award was high so that the possibility of it being reduced on appeal would still result in a significant payout for the plaintiff.
I thought I heard the McDonald's coffee case had the payout reduced quite a bit. Not sure on this one. We'll see.