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Can i sue walmart in smalls claim without seeing a doctor for my injuries?

Southgate, MI |

I have a badly bruised fore arm I sustained in the produce department. I grabbed a plastic bag that was on top of the cooler to bag my peppers. the full roll came out and hit me. It was not inserted correctly. The plastic should of been inserted in the lip of the holder and it wasn't the plastic bags was over the holder there for it came out and hit me. I have a nasty big bruise, my arm hurts. I can't afford a doctor at this time. Can I sue in small claims for pain and suffering and how much? The manager of the store said, a customer could of put it in wrong? I didn't know customers work for walmart? I also have pictures of my arm and the location of the produce dept. it happened at. I also requested for the manager to weigh the roll, it was 2.24 pounds.

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Attorney answers 5


Yes, you may sue in small claims court up to the jurisdictional limit. You will need to prove legal fault. Without medical proof your case is probably quite limited. Why haven't you visited an emergency room?

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


Though he is from another jurisdiction, I agree with Mr Adams. Your case has very limited value but if you sue for a few hundred dollars, they may reason that it is cheaper to pay you than to hire a lawyer to fight you.


Although I don't practice there, from what I know about Wal-Mart, they will fight you. I would not count on a quick settlement from them. I would not be surprised in the least if they showed up at small claims court with legal counsel to oppose you. At a minimum, you should be prepared for this. You may want to hire an attorney to help you with your case.


If it turns out you have a more serious injury than a bruise, get a local personal injury lawyer to investigate.


In a personal injury claim no matter what court your in you must prove damages. Without going to a Doctor and the fact that your injury is a bruise this case has little to no value.

Every case and set of circumstances is different. I will try my best to answer your question based on the information provided but do not guarantee the advice and any results.