An Apology Doesn't Seem Like Enough, Walmart

I twisted my ankle on uneven pavement and fell in a WalMart parking
lot. A lady passing by insisted on going inside to get someone to
help me. An assistant manager came out and wanted me to fill out an
accident report which I did because it seemed to be so important to
him. The assistant manager and a security guard helped me get back to
my vehicle and I went to an urgent care clinic for x-rays and a
splint. Two days later I had to go to an ortho doctor for more x-rays
and to be fitted with a walking boot. Over two weeks after my injury
and fall their insurance rep called and told me that I was just a
klutz and all but accused me of lying about what happened to me. AND
I DID NOT ASK THEM FOR ANYTHING!!! Not only did I get hurt at
WalMart, they had an insurance rep call two weeks later and insult me.

Look, if you don't require medical care, then drop it. Not everything
is a lawsuit. If you were walking on an icy sidewalk in front of a
stranger's house and fell, would you sue them for your accident? (The
answer is no because in today's world, they would probably sue you for
trespassing.) It seems that you are just looking for a payday (ie the
mention of a Walmart gift card) and not interested in an apology after
all. If the manager called you today to see how you are, I'd be
willing to bet that you would still feel that you were "owed"
something.

This story reminds me of the lady who was scalded by hot coffee at a
fast food chain. She asked for a reasonable compensation for her
injury and was refused. I'm not a big proponent of lawsuits, and I
enjoy shopping at Wal-Mart, but in this case I believe you deserve
compensation and Wal-Mart needs to adjust their policy.

While I don't think that you are trying to sam the store, if they give
you something as compensation, then they are in fact taking liability
for the accident that was most likely in no way their fault.
I'm sorry that you fell, but an apology is probably all you are going
to get.

I dont understand how everyone is saying the giftcard is what your
pain is worth, when in actuality when you file and they give you money
for your pain its the same idea...its how much your pain is worth. I
think the whole idea behind the "giftcard" was recognition of the fact
that she did fall and they should take some action to rectify the
situation. Although its not going to happen that day or two days, I
dont think that the giftcard was what she is saying is all she wanted
for reimbursement..but this shouldn't of ever happened, especially in
front of the checkouts where everyone walks.

She isnt a con artist...

I had a friend fall in walmart because the floor was wet with no
sign,(apparently they were cleaning it and the sign should have been
up ) she landed on her belly and ripped up her legs and foot. Wal-mart
didnt do anything ...its ridiculous

Your response to the criticisms was mature and the fact that you are
more calm and making rational statements is always a good sign. I
agree that it was the gift card statement that set off red flags. I
fell in a Walmart store (on smashed fruit in the produce section) and
knew I wasn't seriously injured but did go to the doctor for a check
up and to make sure it was just routine soreness I was experiencing.
When contacted by the corporate office of that store I just requested
that they reimburse me for the actual medical bills that I was out.
They did so in addition to adding 500 dollars that I didn't ask for.
I was pleased with the way it was handled especially since I didn't
want to come across as a con-artist. I was just an accident and they
happen. Hope you are better now.

Sound advice: DO NOT under any circumstances sign anything Wal-Mart
gives you, and refuse any gifts they send you. Contact an attourney
who specializes in personal injury (not an ambulance chaser).
Wal-Mart has a duty to make a reasonable effort to provide a safe
environment for customers, and depending on how long the drink had
been there, they breached that duty.

If you are in severe pain and can't sleep I can't see how a gift card
is going to help you. You need a doctor and maybe a lawyer.

If you feel so strongly maybe you should contact a lawyer.

We have removed several comments from this thread in which suggestions
were made that this letter writer was making a "freebie grab" or
acting like a "con artist".

We will continue to aggressively remove these kinds of comments. It
is completely unfair for anyone on this site to make those kinds of
insinuations about a letter writer and we will not allow it.

If anyone thinks a letter is a scam then the proper procedure is to
send the link to greg@planetfeedback.com and we'll take a look at it.

I purchased a bike for my son a couple of years ago. The brake
failed, the chain kept coming off, and the peddle came off causing him
to fall and hitting him very hard in the groin and stomache. This all
happened within one week of purchase. When I carried it back for a
refund/ with receipt. They refused and said they would have it fixed
for a price. I just carried it home and threw it in the trash. I
e-mailed Walmart about the problem and they never responded or
anything. Not even an apology. Two weeks after that I was walking in
Walmart and saw a lady standing with a bike and her son holding a
peddle. I told her good luck getting them to do anything with out a
charge. I purchased a bike at a bike store and haven't had no problems
yet (2 years)old.
mistygirl

Eek. I hope you are okay. I do think it was a bad move to post this
public letter asking for a gift card. I hope it doesn't hurt your
chances of getting any help that you do deserve.

Hopefully in the end, you don't have any lasting injuries.

It would have been nice for people around the check out to alert an
employee about a spill. I've seen loads of people walk by spills, LOOK
at them, AVOID them, and continue on like they've never seen them. If
a person sees a spill, they should alert an employee right away so no
one gets hurt. It's all about being a responsible human being.

Hope things go well with you. Give Wally World a bit of time to
process the accident report. Though I don't work for Wal-mart, I do
work for another retailer. These things can take a long time but
corporations do like to settle these sorts of things out of court.

You should have your medical bills covered and any subsequent medical
care, medications, deductibles, co-pays, etc. You can contact the
store manager or even go to the corporate level. Did you make out an
accident or incident report at the store? Do you have a witness?
There are also attorneys that will assist in small cases. YOUR
medical plan might have a subrogation clause that will seek
reimbursement for your medical plan. Best of luck..

Sounds like you left some things out. If you got a call from the
Assistant Manager it seems like they were responsible enough to fill
out paperwork for you. You did not mention how they got your phone
number.

Most companies send you to a doctor of their choosing for an initial
exam, any other treatment comes from their Claims manager whereever
their corporate office is.

It sounds like you bypassed this and went to a doctor of your
choosing. Why didnt he give you anything for pain?

My store does not hand out gift cards for falls, that is nuts. Once
it happens and it get transferred to corporate it is out of my hand.
Giving you a gift card, implies guilt. You never mentioned whether
there was a wet floor sign there etc etc.

It sounds like, from what you told us, that Walmart did the correct
thing.


Good Day

I think the problem most people here have with this letter is the grab
for a gift card as if that will make everything all right.

This happened Wednesday and you wrote the letter on Friday, you did
not even give them a chance to file their accident report and
investigate. You need to give them time to process everything. In
the meantime, you need to do your part such as documenting everything.

Another incident where the OP got an apology and doesn't want it.

However, it's nice to know that the price of several days of pain and
suffering is only a gift card from Wal*Mart.

Lori:

Of course you can recover for injuries due to a fall. I understand
from reading your replies down thread that you have opened up a file
and submitted an accident report, so that's a good start.

Make sure your orthopod gives you copies of his/her notes as well as
the bill you incurred. Oh, and don't forget any prescriptons. If you
have any bruising and abrasions, get pictures of it.

Don't bother listening to nasty, bitter people on this website who
tell you to prove that you're in pain. You don't and some people
people here just like the sound of their own voice. Every insurance
company I've dealt with offers a certain factor of your actual damages
for pain and suffering ~ usually 1.5 to 2 times your specials. (If
your bill is $100, they offer you that $100 plus another $150-$200 to
compensated you for your pain.)

Make copies of everything and send them in certified, return receipt,
to the insurance company (who will probably be the next one contacting
you).

Now that you've opened a file, do not expect any more contact from the
store.

Good luck.

What do you want from the store manager a larger $$ amount gift card
to compensate for pain? Evidently you put a price on your pain and
Walmart can probably meet it now. You have sold yourself out for a
measly gift card. I bet every injury lawyer is fainting after reading
this letter.
Not that I think you should take them for a ride by any means, but if
you fell and were injured, then a gift card is not going to comp you
for the pain and suffering. You should however be comped for your
medical bills and lost wages if you have a job outside the home and
are not able to work.

Walmart asst mgmt is calling you because they want to precisely know
what you are doing, not how you are doing. Are you able to get around,
are you able to do your normal activities like taking care of your
household or are you in extreme pain and seeing a physical
therapist/physician to help get you back on your feet.

It seems you want the manager to call and settle this for a gift card.
I am sure you will hear from them soon as this is the easiest case
they have ever had to settle I am sure!

sorry, I think you're wrong. People get things from stores for
reasons that are far less--bad customer service, etc. I really DID
get hurt when I fell in their store. While I'm very glad that I seem
to be alright, they should have cleaned up that mess so that I
wouldn't fall down in their store. It was right near the cash
registers in an obvious place (to those who were standing in that
section of the store all day long). Obviously you don't understand my
point of view. I hope you never fall down in a store and be in the
situation where you feel you aren't cared about (by the store).

If you didn't fill out an accident report, well I would say you are
out of luck. You can pursue it if you want to, but without a report,
oh well. I got injured at work and didn't fill one out but the next
day the pain started and I was SOL. Even if you don't seem that hurt
and something happens(hopefully nothing ever will) when you go
somewhere, always ask to fill one out just in case.

Did Walmart fill out an accident report? I think it is something that
they called to check on you at all. I assume you did a report since
the manager had your phone number. Assistant manager calling or store
maanger not sure why you would care. Maybe the Store manager is out
of town, on vacation or their is other reasons he/she did not call.
Some times stores operate with NO STORE manager (might be a location
opening).

Normally once the accident report is filled out stores know they are
to admit NO Fault turn it in to the insurance company and that is the
end of it.

We were strickly forbidden to to do anything else other than offer to
call 911 if customers requested it. We would never offer a gift card
to compensate for any accident on store property.

Was the drink water? We have all learned that walmart only allows
their employees to drink water on this site. So if it was soda I
guess it had to be a customer spilling it.

I imagine if you filled out an accident report this letter you have
sent to Walmart has already been sent to the insurance company to put
in their file.

Glad you didn't drop your baby.

Have they paid for your doctor's visits (co-pay, full amount, whatever
you are out-of-pocket)? They should do that.

A gift card? Please.

Having the AM call is fine. What, you want a personal visit from the
CEO? Would flowers be enough? Or, do you want free steaks, too?

Just a hint: in the future, especially when you are holding a baby,
watch where you are walking.

if they paid for your doctor's visit, or the copay if there was one.
Other than that, this looks like a freebie grab.

Someone called. Does it matter who? They could have just ignored the
fact it happened. I'd be happy if the flippin greeter called to see
how I was doing.

I don't know that I agree with you that the logical thing to do would
be to give you a gift card. I personally think that the logical thing
for them to do would be to offer to reimburse you for any medical
expenses you may incur...ie: seeing the orthopedic. When the asst.
manager called to ask if you were ok, that would have been the perfect
time to let him know that you had to take a trip to the Dr. because
you were in pain and wanted to make certain everything was ok. I must
remind you too that this is a prime vacation time for many since
school just got out in most places. Is it possible that the asst.
manager made the phone call in the managers place because the manager
wasn't there? And really, in the long run, does it matter whether it
was the manager or asst. manager that called?

I would serioulsly file this under "stuff happens" and be glad your
baby didn't get hurt. A few years back my then 3 year old ran in front
of my dad and to avoid crushing him, my dad went down on his knees and
broke his kneecap. Luckily, he didn't demand compensation from me!!!

I doubt anyone from WalMart is going to give you a gift card or any
compensation. That could be construed as an admission of liability.

Since the manager is aware of it, I'm sure a report was written. Did
you tell him you went to the doctor? Their insurance should cover your
trip to the doc. A gift card would seem inappropriate for the
situation.

yeah, I guess. I don't know. I just feel like it would be nice if they
made it up to me somehow. Or maybe put a sign up not to carry drinks
from their nearby McD's into the store?

Of course I am glad my child wasn't injured!!

even more logical.

I'm sorry you're injured, and I'm VERY glad you were able to protect
your baby! (Every parent must have that "Holay #*$(!" moment!) But
if you have no medical expenses, why do you get a gift card?
Sometimes, things just happen and that's life. We don't deserve
compensation for everything that goes wrong or that causes us pain.

I think you should be glad the assistant manager called to check on
you, be relieved your baby was unharmed, and move on.