Sue Happy?

Filed Under: Life

I apparently just can’t catch a break when it comes to my knees.

I’ve written before about screwing up my right knee and now my left one is fucked.

Our old neighbors [the alleged drug dealers] got evicted and when they ran moved out,  they left two very neglected potted plants on our door step. We were initially shocked that they had plants and then at a loss as to what we were going to do with the plants. Since the two plants were still in their original tiny little pots, we went to Walmart to buy them new potting soil and terra cotta pots.

We also needed milk, cause we ALWAYS need milk in this house, and I wanted to check out the “baking” aisle to see if Walmart had some whole wheat flour since I’m considering the idea of making my own sour dough starter.

And that is when it happened.

I was wearing Ollie on my back in my Baby Hawk and checking out the different kinds of flour that was offered. Tucker and Cara left the aisle to find more exciting aisles and just as they left the aisle, I slipped on the cornmeal/sugar concoction that was on the floor. I fell like a huge sack of potatoes but made sure to not fall on my back since Ollie was back there. Instead of falling on my back, I fell on my left knee…right on my knee cap [patella if you wanna get technical]. The hit to my knee was so severe that my eyes welled up with tears and I hollered, “fuck!”. I sat there for a minute or two and a couple of other shoppers came to my aid. I hollered for Tucker and by the time I had been helped to my feet, Tucker and Cara had appeared. One of the women who helped me up said, “Now you can sue ’em” and quickly followed it up, “I’m just jokin'”. I asked Tucker to go let someone know about the slick spot and waited for him to come back.

The entire time my knee was throbbing and I had to decide if I wanted to put weight on my newly injured left knee or put weight on my other injured knee. I chose to put weight on my right knee and cussed under my breath the whole time since I could feel my knee swelling.

Once Tucker got back, I limped my [un]happy ass to Customer Service to let the Assistant Manager know what had happened. If I had broken my knee, I wanted to make sure that there was some kind of record of the injury. The Assistant Manager was all nervous and shit and recorded my “statement” on a pad of paper. He asked me to sign the statement and he haphazardly apologized.

What was funny about the whole deal was that while I was waiting, one of the Customer Service [I use that term loosely] chicks was talking on the phone with another “associate” about needing cash for her drawer. The chick was talking saying, “Do you need big bills?” I mentioned to one of the other chicks that, “I’ll take some big bills.”…basically I was feeling VERY uncomfortable about standing there with my hurt knee and having to give a statement when all I was trying to do was let the Assistant Manager know that he needed to get the mess cleaned up. I was trying to diffuse the situation by making stupid small talk. Now that I think back, I’m sure the employees were probably all like, “She said she wanted big bills! I bet she’s going to sue us!”


I hobbled my ass through the store so that we could get Cara’s potting soil and pots and then we left. On the way home, Tucker and I were talking about the whole “sue ’em” comment. That led to a discussion about whether Walmart was liable for my hurt knee.

The way I look at it is that we have insurance. My knee isn’t broken [it just hurts like a sonofabitch] and if it keeps hurting then I’ll go to the doctor. Now, if we didn’t have insurance then maybe I would contact Walmart and let them know that I was going to the doctor because of an injury that I had sustained at their store.

Would I sue them?

Um…no. Suing someone [or a company] requires capital that we just don’t have. Also, how were they supposed to know that the aisle was slick. Then again, if we didn’t have insurance then maybe I would hope that they would pay the medical bills.

I do know that I’m 100% conflicted on the whole issue. When does it go from “not knowing” to “negligence”.

I’m obviously not going to sue Walmart or I wouldn’t be writing about this on this site but I’m curious what you think. Do you think that Walmart was at fault and thus responsible for medical costs or do you think that it’s more a “shopper beware” kind of deal?


  1. Hmm… There’s a fine line between “not knowing” and “negligence” – mostly because I have no idea how one (anyone) could truly prove it was a simple case of ignorance to the mess or outright negligence. Well, I guess Wal-Mart could prove it was a case of “not knowing” if they like, whipped out a security camera and showed that some kid tore open a bag of cornmeal and dumped it on the floor something like 30 seconds before you strolled down the aisle. Or, if someone did it intentionally, then hid a camera behind the generic Great Value brand sweetener to document how long it took an employee to come along and clean it up (but then, really, I guess the injured party could actually sue that person, and maybe even Wal-Mart could sue that person, too, so, sue-happiness ensues)

    Other than that, I don’t know… I do know that more people should think about it the way you do.

    Holy crap. I just noticed my comment is showing up on this post as I type it.

    Anyway, I have a bad knee, too – old cheerleading injury – and incidentally it “went out” on me today as I was standing up from the couch. I damn near fell to my death (or at least to some serious facial trauma). I wonder if I could sue my old high school… 😛

  2. I think suing MalWare (uh, I mean WalMart) would just be more hassle than it’s worth. You might, however, write their big wigs a letter once you’ve seen the doctor and see if they’ll work with you to reimburse your costs? It’s an option. I don’t know where it would get you, but you might get SOMETHING from it.

    WHOA! My comment is there. I can see it as I type! Hi me! I just talked to myself in your comments. That’s kinda cool. Or that’s the drugs talking.

    Either way, you might just keep the Customer Service Manager updated on the whole situation in hopes that SOMETHING comes of it. Maybe you’ll at least get a gift card for some more potting soil.

    Sarahs last blog post..An update where I almost don’t talk about poop

  3. You guys are cracking me up. 😛

    The “preview comments” thing has always been there. 😎

    I think I’ll just bitch about my knee hurting.

  4. Jennifer Walker says

    Well according to my fancy “Law of Business Organizations” Class they are liable regardless. That is part of their responsibility and they are required to carry liability insurance for that reason. Accidents happen, I am with you, if I didn’t have insurance I would ask for assistance with any medical bill related to the injury, but thats it.

  5. I think that they should compensate you somehow, but I am sure they won’t.

    I hope your knee feels better soon!

  6. I think that you should (continue to) document the whole thing, and keep in touch with Customer Service, including apprising them of any and all out-of-pocket expenses associated with this incident. Jennifer above is right; they have liability insurance to cover things like this.

    Feel better, sweets.

    bipolarbears last blog post..Where was I?

  7. I think you should sue them for just enough to cover your dream house 👿

    (I’m kidding…a little…maybe…I mean, unless you aren’t…in that case I’d totally be serious…I’m just sayin’…)

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