Wal-Mart’s Low Low Litigation Tactics

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Motion to Require Injured Toddler’s Presence at Marshall Trial Cancelled After Public Protest


Wal-Mart is the largest company in the world
, with 2014 revenues of more than $476 billion dollars and assets worth close to $205 billion. But when its customers or drivers are injured, rather than do the right thing and pay their damages, it and many other mega corporationsoften resort to fighting them.

In Marshall last week, the Wal-Mart’s legal team demanded that a severely injured toddler be present in court despite the interruption to his physical therapy and the discomfort the little boy would have to endure, according to this week’s Texas Lawyer. In a trial about to begin in Marshall, a vehicle owner bought two new tires from Wal-Mart, which the mechanics knew should be installed on the back. Soon after, the driver was involved in a car crash with Cayden Hinson’s family in which the improperly installed tires were to blame. Two-year-old Cayden’s suffered traumatic spinal cord injuries. Wal-Mart’s lawyers filed but just withdrew their motion to require the boy to attend the voir dire part of the trial (when the jury is questioned before it is seated).

Wal-Mart’s Ruthlessness Is Usually Successful

Wal-Mart, through its in-house department called Claims Management Inc., quickly and thoroughly scours the scene of all injury claims. It reportedly calls injured customers and witnesses, takes photographs, coaches employees how to proceed, and cleans up the scene. Settlement offers are low, often not even covering medical expenses. Store managers’ performance ratings and bonuses are based in part on how much money was paid to settle injury claims. The chain knows that with its massive PR campaigns and reputation as a friendly store with low, low prices, it already has a leg up in any court proceeding. One study in Texas Lawyer showed that Wal-Mart won two-thirds of its cases and up to 95 percent of its Texas trials. (“Wal-Mart Flattens Foes, Legal Costs”)

Wal-Mart Blamed Plaintiffs for Accident Caused by its Sleeping, Speeding Driver

You may remember that in October this company at first blamed comedian Tracy Morgan and others for a horrific accident that occurred when its driver fell asleep at the wheel of a Wal-Mart tractor-trailer. The driver had been droving for 24 hours at the time of the crash. Mr. McNair was killed and Mr. Morgan remains badly injured. Wal-Mart’s legal team claimed that the plaintiffs acted unreasonably by not using seat belts, even though seat belts are not commonly used or required in the back seat of a limousine in New Jersey. 

Bill Berenson Injury Law Stands Up Against These Negligent Businesses

We are currently representing some nice people who were injured in an accident case similar to the one in Marshall. Our clients had driven from Fort Worth to Dallas to save money on new tires. But because the tire company didn’t install them correctly, one wheel actually fell off on Interstate 30 as they drove home at 60 miles per hour, causing the truck to  crash into a bridge column. Family members were seriously injured. We are preparing a lawsuit against the negligent tire store.

We take on companies that are responsible for auto and truck accident injuries. Call our office toll-free at 888-801-8585 or toll-free at 1-888-801-8585 for a free consultation if you have been injured because of a business’s carelessness. 

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