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This is one of many reasons why I use reusable bags. I've had stuff fall out of those tissue-thin plastic bags and land on my feet, and it hurts like a BEAR. That's how I broke one of the toes on my right foot.
Walmart buys cheap crappy thin bags. They are hard to open and tear easily compared to other stores. This isn't a get rich quick scheme by the husband - it's primarily to recover $656,000 in medical expenses.
He should also sue the makers of La Choy for putting their product in breakable containers, as well as the shoemakers for not making them resistant to glass.
I guess things like this are why Walmart is encouraging the use of self checkouts. When you bag your own groceries you'll have no one to blame but yourself.
He, and his lawyer, should also feed themselves a bullet.
When the store sold her the goods it made an implied warranty of merchantability that included the warranty that the packaging was adequate. Title 11, §2-314: Implied warranty: merchantability; usage of trade If the store employee put too much weight in a bag provided by the store, it doesn't seem a stretch to argue that the store breached this warranty.
So he couldn't get money from the doctors who treated her or the hospital for letting her die huh? Then go back to the big box store for the money.
This happens all the time to big companies, they just settle instead of fighting it and being out more money. He will get something but not what he is asking for. He will get enough to encourage others to keep suing though.
I'm not following. You can't bring your own bags to Walmart?
You can but the cashier is ringing and throwing everything in a plastic bag with a very small work station. You could take all the plastic bags and throw them into your reusable bag but what would be the point. Or you could have them throw everything in the cart and try to shuffle all the food into reusable bags with out a table which makes it a big hassle. What I am suggesting is the Aldi's set up where they have a table to sort and bag your food that is convenient.
I went to WalMart and they were out of stock on Taster's Choice instant coffee. It does not take a rocket scientist to imagine what might happen when a man does not get his preferred coffee. Where's the justice?
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