Yet another frivolous lawsuit

[Amy]

Here's another one for the "I can't believe somebody would sue over THAT!" club:

Couple Sues Wal-Mart For Overfilled Grocery Bag

POSTED: 10:31 AM EST January 8, 2004

GREENSBURG, Pa. -- A Westmoreland County couple is suing Wal-Mart for injuries apparently sustained from an overfilled grocery bag.

According to a lawsuit filed Wednesday, the handle and the bottom of an overstuffed bag broke when Brenda and Ronald Sager returned home from a trip to the Wal-Mart in East Huntingdon Township.

The contents of the bag -- including a 32-ounce jar of Miracle Whip, a 46-ounce bottle of ketchup and fruit cans -- fell on Brenda Sager's right ankle, foot and toes.

The Sagers say Wal-Mart is at fault because they store failed to train its employees to bag groceries, provided a defective bag and placing too many heavy items in one bag.

The lawsuit seeks damages of at least $30,000.

Wal-Mart denied the accusations and say workers did nothing wrong.

 

[binny]

havent we ALL gotten those bags?

 

[IloveDMB]

Some people are ridiculous. Who hasn't come home with an overstuffed grocery bag?

 

[gshoemate]

Or who hasn't caught a bag on something in the car that caused a hole in the bag. I'm sure wal-mart will settle out of court just to make the customer happy.

 

[Jenn Lynn]

 

[Disney Doll]

I think that when people bring frivolous lawsuits like that, they should be forced to pay all court and other legal costs. I also think they should get arrested for filing a false complaint.

 

[KristiKelly]

I heard over Christmas (in another country, don't remember where) that employees of a department store were going to sue the store for mental anguish due to listening to Christmas music all day.

 

[Mickeyfaniam]

so rediculous

last week at Walmart my can goods were bagged on TOP of my grapes maybe I shoud sue

 

[Disney Ella]

I'm thinking of suing the makers of my kitchen cabinets for carelessly designing cabinents that would allow a can of corn to fall from the shelf on to my foot. I suffered a painful bruise and great mental distress (at least $1 million worth) because of the negligence of this terrible company. I really don't know how I'm going to get on with my life after suffering this tragedy. However, I might just be able to pull myself together if some money is thrown my way quick!

 

[dennis99ss]

Why is it frivilous?

You all state that this is a frivilous case, but do not back it up. What is wrong with it.......

Frivolous, as I understand the word, means of little value, silly, light minded. However, when the word is used in the form of bashing lawsuits, it has taken on a new meaning, one which is akin to fraud or worthless or a made up claim.

Why do people bring lawsuits.....to recover damages for someone elses negligence. In order to recover you must show that someone had a duty, they failed in that duty, and damages resulted.

Did Walmart have a duty to provide bags which would not fail when packed?

Did Walmart have a duty to not overpack the bags that they provide

Did Walmart's actions, filling the bag to full, or supplying bags not fit to carry the groceries, result in damages to the injured person

This is not a question of whether there is co-responsibility here. It is whether Walmart has responsibility. Even if the lady had a duty to ask for additional bags, etc. it does not relieve Walmart from providing their customers with safe items, including safe bags.


Let me ask you this..............

You purchase an expensive set of dishes, or a television, or a computer, etc.

The person who you purchased the item from places the item in a box, and places handles in the box.

You pick up the box by its handles.

The bottom of the box falls out, and your item falls out, and breaks.

Who should pay for it

You, because you used the handles provided

The store, who gave you the item in the box, without warning

The manufacturer who placed the item in the box, when either the box was not strong enough, or, was not secured properly.

There is no difference.

You can take this scenario with a car.

You purchase a new car

The salesperson walks around the car with you, tells you where the oil goes, etc. Tells you to enjoy the new car

You get out on the road, the wheels fall off because the lugnuts were not on properly

Are you responsible
Is the dealership
is the manufacturer

You cannot take the underlying principle of the judicial system and apply it to some cases and not to others. You cannot arbitrarily pick which cases deserve to be given the full benefit of the system, and which do not. The principle by which the Walmart case is judged is the same principle used to judge your case, when you or a family member is injured. How horrible it would be if you found yourself in need of help, and all anyone would say was, that claim does not need to be respected, it is just another frivolous lawsuit.

 

[damo]

And I'm going to sue the makers of the 2-pound hand weights that rolled off their shelf and onto my toe. (ouch) They ought to have known that round things would roll and stupid people like me would put them on a shelf. They ought to have used more common sense and made the ends triangular in shape.

The Walmart suit is frivolous because if the customer didn't know when they picked up the bag and carried it to their car that it was too heavy, then how would the cashier know? Is there a sign saying that their bags are guaranteed to hold? I've never seen one.

 

[Trish5768]

I saw this on the news today as well and am amazed at what people will not do to get some money. This is almost as bad as the guy who is suing the people who make Doritios because they hurt his throat and are unsafe to eat-I say chew your food up better and thats not a problem. Doritios have been around for at least 20+ years and all the sudden they are a problem. Give me a break!

 

[4greatboys]

LOL well I guess I better start looking for a lawyer, every time I go to Wal-mart they over fill the bags with heavy stuff. However since I know they do it a lot I just start taking stuff out of the bag as it gets to full and put it in another bag.

 

[dennis99ss]

There is a difference in the weights on the shelf and the walmart bag question. With regards to the weights, you placed them there, you put them in a position to roll. Nobody had a duty to do that for you.

With Walmart, the store does the bagging for you. The store provides the bags. It is a duty that the store takes on. If the store is filling the bag to heavy, and you are admiting that the store filled the bag to heavy, are you not admitting that the store should not have filled it so heavy. If the store should not have filled it so heavy, then, it means that they had a duty not to fill it so heavy. They failed in their duty.

 

[damo]

If the plastic bags had a weight maximum labelled on them and the store had a scale that they put each bag on before they gave it to the customer and the cashier knowingly gave the bag to the customer when the weight clearly stated that its limit had been exceeded, then I would say the store was to blame. Otherwise it is all ambiguous.

 

[CRB#33]

Originally posted by dennis99ss
Why is it frivilous?

You all state that this is a frivilous case, but do not back it up. What is wrong with it.......

Frivolous, as I understand the word, means of little value, silly, light minded. However, when the word is used in the form of bashing lawsuits, it has taken on a new meaning, one which is akin to fraud or worthless or a made up claim.

Why do people bring lawsuits.....to recover damages for someone elses negligence. In order to recover you must show that someone had a duty, they failed in that duty, and damages resulted.

Fine. Pay for the broken items and medical bills. The frivolous part comes in with the $30,000 they are asking for because they know there is insurance and a hungry lawyer.

Did Walmart have a duty to provide bags which would not fail when packed?

Did Walmart have a duty to not overpack the bags that they provide

Did Walmart's actions, filling the bag to full, or supplying bags not fit to carry the groceries, result in damages to the injured person

This is not a question of whether there is co-responsibility here. It is whether Walmart has responsibility. Even if the lady had a duty to ask for additional bags, etc. it does not relieve Walmart from providing their customers with safe items, including safe bags.

Then pack your own bags. And that's what will happen. We will all be packing our own bags and there will be huge black lettering on the bags that say, "Don't fill past ....lbs." (After millions are spent researching how much a bag can hold.)

Did these people not know that the bags were getting "overfilled?" Where is there responsibility to say, "Hey, this is too heavy, I should carry the bag by the bottom."

Lawsuits like this relieve a person of their own responsibility and common sense. Hence the word "frivilous."

Let me ask you this..............

You purchase an expensive set of dishes, or a television, or a computer, etc.

The person who you purchased the item from places the item in a box, and places handles in the box.

You pick up the box by its handles.

The bottom of the box falls out, and your item falls out, and breaks.

Who should pay for it.

Probably the store, but just replace the broken dishes. Not, "Oh, I've suffered."

You purchase a new car

The salesperson walks around the car with you, tells you where the oil goes, etc. Tells you to enjoy the new car

You get out on the road, the wheels fall off because the lugnuts were not on properly.

Probably the manufacturer. But do you want to bet everyone under the sun gets sued???? Every person who ever had a hand on that car???? And all because you never know who has the deep pocket. The lawyers say, "Let's sue them all. That way we've covered all the bases." I defy any lawyer who has worked on these kinds of cases to deny that.

That's where the problems come in and that's where I find very little in the "principles" in our judicial system.

 

[Toby'sFriend]

Very nice try Deniss9s in trying to equate a 32 oz jar of mayonnaise falling on your foot and causing you to teach your kids a few new cuss words with the wheels falling off of a car and killing a passenger. I don't think many people are going to buy it though.

The lawsuit is frivelous because most reasonable people know that minor accidents sometimes do happen and even though somebody may be at fault, we all know that nobody is perfect and sometimes it is best to just go buy another jar of Miracle Whip to replace the broken one and move on with your life.

Lawsuits such as this are what clog up our court system and cause Corporate Liability Insurance rates to skyrocket. In the end -- we all pay in higher prices.

 

[BedKnobbery2]

Sorry, but I've got to agree with Dennis on this one. I don't think this is frivolous. Someone stated that the customer 'should have known' it was too heavy when she lifted it from her cart to her car, and addressed it then; however, it is entirely possible that she was helped by an employee with her groceries from start to finish, and never laid a hand on them until she went to unload them. I know many elderly women (and men, come to think of it) who require assistance getting their groceries in their car, so it isn't unreasonable to assume she did not know it was overloaded until she lifted the bag and had it break.

However, I think it is important to know that it is quite standard in the field of Personal Injury for a claimant to "demand" several times the actual amount they expect to settle for. My guess would be that the actual settlement for this claim is going to be around $5,000, which would be perfectly reasonable--you can rack up that much in medical expenses with a couple of x-rays and an office visit.

 

[chager]

I know when I go the the store I pay attention to the bagger and what is going on. I know at times I can be a pain but I will tell them "Do NOT overpack the bag!" Honestly most baggers just bag and don't pay attention. I know at my Kroger store even the managers are aware of this. I had one manager tell me she knew most of the baggers didn't pack the bags logically. (Put the bread under the cans...hmm..I really wasn't purchasing flat bread) She made a comment as she was bagging that this time I wouldn't have to have the items rebagged becuase they were getting bagged the right way. I also ask for cans or jars to be put in paper bags. That way they don't roll around in my trunk.

dennis99 - There is such a thing as common sense. You can tell when you pick up a grocery bag and it is too heavy. You know this when you put it in your car. The examples you stated are not exactly the same in my opinion. I know I would not be able to tell if the bottom of a box won't hold, nor do I inspect a new car to see if it is put together right. I can however SEE if a bag is overloaded and can FEEL it when I lift it. To be honest I am a person that will put as much as possible in a bag or box when I pack them and usually end up redoing them. Let's face it most of the baggers are kids and usually no matter how many times they have to go through training there will be some that just will not get it. It is frustrating when one of those bags breaks. (A VERY common occurance) Maybe the stores should just do away with bagging and make everyone supply there own bags. I can see that happening with this type of lawsuit. If this one goes anywhere then there will be more and the decision to not bag could be very real. I know U-Haul has decided not to rent pull behind trailers to drivers of Ford Explorers now. Three college students wrecked their Explorer while pulling a Uhaul. They sued UHaul and Firestone and it settled out of court. Now anyone that drives that vehicle can't rent them. SO was is UHaul's fault they wrecked? Probably not but they paid for it. So I respectively disagree with you. The Walmart lawsuit is frivilous in my opinion.

(The opinion stated here is mine and mine only and does not imply it is correct according to anyone else. I will not debate it. I just state it. I agree to disagree with others. )

 

[CajunDixie]

Possibly the $30,000 is too high but I wouldnt say its wrong to sue for damages.

Or who hasn't caught a bag on something in the car that caused a hole in the bag.

Hmmm read and reread the orginal post and do not see where that happened. Guess it has nothing to do with the lawsuit.

I think that when people bring frivolous lawsuits like that, they should be forced to pay all court and other legal costs. I also think they should get arrested for filing a false complaint.

False complaint? She was injured how is that false?

If the plastic bags had a weight maximum labelled on them

It should be part of the training program to tell the maximum weight or number of items each bag can hold. I know when I've boughten small paper bags for parties the bags themselves or the box they come in will state a maximum weight. Even some fastfood restaurants print on the bags how many of each size item can be placed in each of the bags they carry.

Then pack your own bags

So we're supposed to go behind the checkout counter and grab each item out of the hand of the employee that is paid to bag our items and place them into bags ourselves? Next time you fly are you going to personally place all your luggage on the airplane?

Did these people not know that the bags were getting "overfilled?"

So now I have to babysit the cashier and cant write my check while they are bagging my items. I cant talk to my children, parents, friends or whoever while my items are being scanned, bagged and put into a cart?

"Hey, this is too heavy, I should carry the bag by the bottom."

Exactly how can you pick up a plastic bag that is overfilled and placed into a cart from the bottom? If there is no room to tie the bag shut then how do you expect the items to stay in the bag when you are trying to pick it up?

Lawsuits like this relieve a person of their own responsibility and common sense.

So the cashiers do not have to act responsibly? And they do not have to practice common sense?

Probably the store, but just replace the broken dishes. Not, "Oh, I've suffered."

Did the store offer to pay the damages before the lawsuit was started? I've had my mailbox destroyed because the county highway department ran over it. When I called did they offer to pay for it.....No! After I sent them a letter stating I would be contacting a lawyer to be reimbursed did they pay for it.......Yes.

sometimes it is best to just go buy another jar of Miracle Whip to replace the broken one and move on with your life.

Did you even read the original post?

A Westmoreland County couple is suing Wal-Mart for injuries apparently sustained from an overfilled grocery bag.

Its not about one item being broken its about a person being injured.

It gets real old having to babysit cashiers so they do their job correctly. These arent just "kids" these are supposed to be trained employees doing a job they are being paid to do. If they cant do the job correctly they shouldnt be employed there.

I've seen posts on here about people complaining about people writing checks in stores and not starting it until the cashier is totally done. You cant have it both ways......either we babysit the cashier to make sure they do the job correctly or we start writing out our check.

Hmmmm wonder if it would be a frivolous case if the overfilled bag would have fallen over and one of the cans had rolled up under the brake of the vehicle and caused an accident resulting in a death? Granted the accident didnt happen but I did have a can roll up through my van and come to a rest under my brake pedal.