Legal Question in Personal Injury in Texas

Injured while shopping at Walmart

I was doing my usual grocery shopping at Walmart. I reached for a plastic gallon juice container and cut a gash in my finger from a double-edged razor blade that had been implanted near the bottom through a bit of sealent to prevent leakage and thus detection. The blade was positioned to slit someone's wrist, when they would put their other hand under the container to lift it in support. Fortunately, for me it was just 5 stitches in my finger.

I filled out an incident report at Walmart and followed up the next day with a report to the local police.

Without me asking for anything other than my medical bills to be paid, Walmart offered me an additional $500 to ''settle''. I returned their check, after making a copy of it for my records.

My concern is what if the perpitator of this crime put something like AIDS infected serum on the blade, which might not show up for many years and my family's health could be decimated.

I don't like the idea of suing, yet I don't know what to do. Do you have any advice?

Thanks,

TJ


Asked on 10/09/07, 6:09 pm

1 Answer from Attorneys
Roger Merrill Merrill & Associates

Re: Injured while shopping at Walmart

If you were to sue Wal-Mart, you'd have to do so within 2 years, unless you are under the age of 18 (then the 2 years would not begin until your 18th birthday). Your case would probably reach trial within 2 yrs after that. If it would take longer than 4-5 years for the AIDS to show, then your damages would be limited to the cut.

You will have to show that Wal-Mart knew about the blade or should have known about it. Regardless, there is a 3rd party tortfeasor (unknown unless caught on Wal-Mart tape) who Wal-Mart would argue caused your damages. That person would likely be found completely are almost completely at fault. Wal-Mart would only have to pay for its percentage of liability, if any.

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Answered on 10/09/07, 7:00 pm


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