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Really Swell

Widower sues Wal-Mart, says bag caused death

18 posts in this topic

http://money.msn.com...ag-caused-death

I hope I'm not the only one who thinks that this is absolutely ridiculous.

Maybe he can also sue the good people at La Choy for making their cans too hard? Or maybe the sandal or shoe company for not providing enough protection to her foot? Or maybe he can sue God for creating a creature who couldn't apply common sense to the situation by picking up the cheap Walmart bag and realizing that it needed to be doubled up? While we're at it, lets just sue the hospital.

It sucks that your wife is gone, but passing the blame and profiting off of a freak accident isn't going to bring her back and makes you look like a douchebag.

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Certainly tragic, and I feel sympathy for the husband and the rest of her family, but who needs 84 oz of soy sauce? I'm Asian and am not even sure that I've consumed 84 oz of soy sauce during the entire course of my life so far.

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I'm sorry, admin. I thought anything could be posted in this category.

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I've had cheap plastic bags break on me and its no fun. I'm not sure he doesn't have a case here. If the employee hadn't put more weight in the bag than it was designed to hold the bag wouldn't of broke and her foot would of never been hurt which led to the infection and death.

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I'm not doubting that this guy wont be able to profit off of his dead wife, I'm just saying that it's absurd.

Besides, she's the one who accepted the bag and walked off with it. It's very unfortunate that she passed because of it, but blaming the bagger or the quality of the bag is batshit crazy.

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Posted (edited)

I'm not doubting that this guy wont be able to profit off of his dead wife, I'm just saying that it's absurd.

Besides, she's the one who accepted the bag and walked off with it. It's very unfortunate that she passed because of it, but blaming the bagger or the quality of the bag is batshit crazy.

I don't think blaming the quality of the bag is 'batshit crazy'. People purchasing items should have a reasonable expectation of safety when transporting purchases in the store's bags. Chains such as Walmart have finally crossed the line with tensile strength and need to increase the thickness of the plastic. Maybe this lawsuit will accomplish that.

Edited by phantasia
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I really can't go further with this discussion because I have already stated everything that I wanted to say about it, and debating this is ridiculous, so I wanted to just repost a few comments that I liked that were in the comments section of the article (Note: These comments were not made by me, they were the most popular at the top of the page):

I am very sorry your wife died... I wonder why it is the fault of Wal Mart. I think one should use a cart to wheel items to their car, then place in car or back seat... Though Wal Mart did pack all those heavy items in one bag I have to wonder, did the costumer ever ask for the items to be double bagged, or not to be placed in one bag?... If I go to the paint store and reach up high for a can of paint and it falls on my toe is it the stores fault because the paint was to high? Or is it my fault for not asking for someone to get it down for me? I am very sorry for the husband who lost his wife, I just believe he is angry she died and wants some sort of reason to justify his loss...

Why it couldn't be her fault for not getting immediate medical treatment when she didn't heal after a couple days.

I notice that MSN has omitted a whole lot of important information about the real time frame here!

The case should be thrown out as frivolous at best.

People need to be made accountable for their own mistakes, not make them rich because of them!

That was 7.25 lbs in one bag. Would you be able to ask the counterperson, "Is this bag strong enough to handle this?" Then if they said yes and it broke, you could have a reason to sue. If you thought, boy is this ever heavy and didn't ask to put them in separate bags, then it could be your own fault. A person has to has some common sense in today's world.

If you think it may be too heavy, it probably is. If you don't care and it breaks; oh well, you should know better.

I am sorry for this man's loss but this is what is wrong with our system now letting people sue over every little thing. They sue McDonald's for the coffee being too hot but if it had not been hot then they would have complained. They sue the cigarette companies for getting cancer but no one made them put these cigarettes in their mouth and smoke them that was their choice and by the way my husband smoked for over 40 years but I would not sue the company for him getting cancer if he had. That is why everything is skyrocketing. Doctor's are sued over every little thing so they have to charge more to take out more malpractice insurance. These types of lawsuit's have to be stopped. I know one thing for sure they would not want me to be on the Jury for some of these ridiculous lawsuit's because I would never agree and we would be there forever.

I lost my common sense for reading this article can I sue the author?

The lawsuit will be thrown out as frivolous. It's not the store's fault that an accident resulted in this woman's death. No one knows if a can from the bag actually fell on her toe. Was it reported? Did she go to the hospital to get it treated correctly, or had it at least cleaned and bandaged correctly? Did she have another disease that made her susceptible to infection? I feel sorry for this guy who lost his wife, but he's not going to win this one!

This is going to sound heartless, but I bet the woman was very much overweight and had diabetes and the wound did not heal because of this. So the widower should add the diabetes foundation to his list of people to sue. God help those who are greedy.

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So if I have sex and the condom breaks can I sue Trojan for child support?

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So if I have sex and the condom breaks can I sue Trojan for child support?

According to the logic of some people, yes LOL.

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It is a freak accident. But suing for money for it would be considered almost obscene, anywhere but in lawyer-infested US.

Reminds of that stupid woman who sued MacDonalds because she was stupid enough to spill coffee in her lap.

Do the USers ever wonder why the rest of the world thinks they are crazy?

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It is a freak accident. But suing for money for it would be considered almost obscene, anywhere but in lawyer-infested US.

Reminds of that stupid woman who sued MacDonalds because she was stupid enough to spill coffee in her lap.

Do the USers ever wonder why the rest of the world thinks they are crazy?

Many do indeed wonder this, but personally I would worry about the rest of the world if they didn't see us as crazy
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It is a freak accident. But suing for money for it would be considered almost obscene, anywhere but in lawyer-infested US.

Reminds of that stupid woman who sued MacDonalds because she was stupid enough to spill coffee in her lap.

Do the USers ever wonder why the rest of the world thinks they are crazy?

she was served coffee at like 160*F... too hot to drink. she suffered pretty grievous injuries, actually. the story has been massively distorted in almost infinite retellings

Many do indeed wonder this, but personally I would worry about the rest of the world if they didn't see us as crazy

me too! but not for reasons like this. national budgets where military expenditures outweigh all science put together is more my reasoning here.

plus, the USA basically has an additive legal system (presidential law). the longer it exists the weirder it is going to get. this idea made sense when it was created 200+ years ago. it just... hasn't aged well.

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Um, soy sauce does not come in cans. La Choy soy sauce usually comes in glass bottles.

But it is a crazy lawsuit. I feel bad for the guy for losing his wife, and for probably falling for some scummy lawyer that told him he could sue.

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Why do I smell copious amounts of bull manure in all of this?

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Not all plastics are equal, the tensile strength of a plastic bag does matter, surprise, surprise. The shopper handed goods in a faulty bag really does have some rights, mostly for recompense of damaged goods but if they injure themselves in the process - well it is part of the same problem.

Having said that, it seems the wife waited for several days before seeking treatment - that makes her personally culpible for the extent of damage to her own health.

If she had acted straight away and asked Walmart to pickup up the healthcare bill and replace her damaged goods then she would have completed her part in a "fair play" equation.

Now the issue is that the extent of damage that Walmart is responsible for cannot be gauged fairly given that she made a conscious choice not to act at the time of the injury - but given the precedents already set in the USA - I think the husband will see a pay day on this one just the same.

I hope it does scare retailers and plastics manufacturers into a sensible and rigorous quality control regime, it is a nuisance that we seem to be getting nastier and cheaper bags than we did 10 years ago.

Or even better for the environment and our collective futures - get rid of these bags altogether. There are many alternatives available these days and I keep a collection of fabric bags that I take with me, don't know about the USA but the big retailers here sell them for $1 each and about 5 or 6 bags is good for a decent grocery shopping trip, which can then be kept and re-used ad nauseum - some I've had for at least 3 years.

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Cause and effect is not a valid case when trying to sue somebody when the bagger had nothing to do with the way the bag was made. *BLEEP* happens. Not to sound inconsiderate, but this guy's just trying to milk the death of a loved one for money.

Edited by UFO_Monster
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Cause and effect is not a valid case when trying to sue somebody when the bagger had nothing to do with the way the bag was made. *BLEEP* happens. Not to sound inconsiderate, but this guy's just trying to milk the death of a loved one for money.

It is not that they are suing the bagger, not that I saw at any rate. It is that walmart bagged groceries and that bag didn't even survive out to the customer's car. That is pretty clearly faulty *something*. I think libstaK has a pretty fair assessment going there as far as the legality. USA law is pretty weird though, essentially a judge will have to look at any previous judgments in cases like this and then decided how similar the cases are and base the decision on that.

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If he wins, I wonder if he'll qualify for a Stella Award.

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