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Old 01-01-2011, 03:43 PM   #15
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What did they want for free? And why didn't the just call 911 when he knocked at the door. I'd never open my door EVER in a parking lit or campground unless I knew who it was. Very stupid choice on their part and now they want money for it. Geez.
I agree, we've stayed in a ton of parking lots overnight and camp hosted in some dark parks and I'd NEVER open the door! After turning on the suprise beam, crack the window a tad if it seems harmless, but otherwise, call 911 and bail if possible.
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Old 01-01-2011, 04:22 PM   #16
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I'm not defending the suit, but I don't see where the plaintiff knew about the person beforehand. It more likely came up in the investigation that Walmart had previous complaints about him. The plaintiffs likely pulled in after a day on the road and didn't know the guy had been around all day.

Or maybe not.
I have been known to be wrong, but here's my reasoning for such a conclusion:

1) The basis of the plaintiff's suit is that WalMart knew the person was loitering all day and never called the police (based on the news article).

2) In order for the plaintiff to claim 1), the plaintiff would have had to know that the store had knowledge of the loiterer.

3) In order to be able to prove that the store had been notified of the loiterer, the plaintiff would have to prove or otherwise have a witness to testify that the notice was made. I am making a bit of an inference here, but I'm betting that one of the details left out of the news article was that the RV'ers were the people that reported the loiterer in the parking lot.

4) Provided that 3) is as I assume it to be, then the RV'ers would have significant resentment toward the store for their intrusion and thus motive for a lawsuit.

If the RV'ers had just pulled in after a day on the road, they would have not had any idea of the loiterer. After the altercation / shooting, the RV'ers would not have had any idea that a lawsuit against WalMart (and the claim of prior knowledge) was even possible. There is of course the remote chance that a 3rd party had reported the loiterer earlier in the day and after reading the article about the intrusion then came forward and stated their informing the store. From a sleazy lawyer standpoint, it would be a "good" case to be able to say, "My client informed the store of the loiterer and the store did nothing."

Just my opinion...
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Old 01-01-2011, 04:39 PM   #17
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I don't understand why anyone would want to camp at Walmart, Home Depot or any other urban parking lot. I don't like to spend more that 5 minutes in a highway rest area.
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Old 01-01-2011, 04:52 PM   #18
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So if I even type the word "Walmart" and I happen to spill coffee on me, I guess I can sue too, huh?

I second the "Go Wally Mart"
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Old 01-01-2011, 05:22 PM   #19
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The plaintiff was stupid for opening the door. They deserve nothing. I hope they get nothing.

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Old 01-02-2011, 05:00 AM   #20
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My deputies provide security for our Wal-Mart during high risk hours. The Corporation takes an aggressive stance on civil suits since the stores are prime spots for phony "slip and fall" suits. Win or lose I would not be surprised to see the Corporation set a "no overnight stay" policy which is what the original poster was suggesting.
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Old 01-03-2011, 03:06 AM   #21
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My deputies provide security for our Wal-Mart during high risk hours. The Corporation takes an aggressive stance on civil suits since the stores are prime spots for phony "slip and fall" suits. Win or lose I would not be surprised to see the Corporation set a "no overnight stay" policy which is what the original poster was suggesting.
Hi jdthor;
You are so very right. Seems that not a single good deed goes unpunished. This freebie parking is out of the picture with this law suit.
Thanks, "Boatdoc"
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Old 01-03-2011, 07:05 AM   #22
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Agreed!

There always seems to be someone who wants to drink at the through for free, or better yet, have YOU pay them to do so! I don't often stay in a WM parking lot while on the road, but they sure resemble RV parks in some areas with the sheer number of RVers that stop there for the night.

It always seems to be someone else's fault when something goes wrong and lawsuits start flying. Sounds like the Macdonalds hot coffee fiasco!!

JD, that's a great service that you offer in your area. THANKS!... even though I have never stayed there.
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Old 01-03-2011, 09:02 AM   #23
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The fact that's never mentioned about the hot coffee scalding suit is that investigators went into the McDonald's after the incident and measured the temperature of the coffee there and it was 210 F, just 2 degrees below boiling. That seems way too hot to me and no doubt it resulted in significant burns to the elderly woman who experienced it.
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Old 01-03-2011, 11:34 AM   #24
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The fact that's never mentioned about the hot coffee scalding suit is that investigators went into the McDonald's after the incident and measured the temperature of the coffee there and it was 210 F, just 2 degrees below boiling. That seems way too hot to me and no doubt it resulted in significant burns to the elderly woman who experienced it.
Also McDonald`s had been warned before that their coffee was too hot,they turned it down for a while,but people were complaining their coffee was cold when they got to their office,so they turned it back up. Dave
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Old 01-03-2011, 12:44 PM   #25
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Coffee

Coffee is no good unless its hot!
I would think, if you drink coffee, one might have figured that out by now.
Dave
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Old 01-03-2011, 01:28 PM   #26
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Coffee. Either steamin hot or icy cold. No in-between. Sal.
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Old 01-03-2011, 02:28 PM   #27
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I'm not taking sides, but like the McDonald's 'hot coffee' incident, is going after 'deep pocket' solutions right?
I'm sorry but I don't see the comparison. I have some personal knowledge of that case, and people often think this woman was stupid and went after the deep pockets.

She went to a company that sells millions of cups of coffee to people in moving cars. They knew that even with good care by every customer, occasionally there might be a spill. However, they set the temperature of the coffee they delivered WAY too hot - so hot that when she accidentally spilled the coffee into her lap as she was trying to remove the lid to add the sugar and milk, she received 3rd degree burns to 6% of her skin area and 2nd degree burns to a further 16% of her skin area. (I don't mean to be graphic, but the burns were so severe that she ended up having to have certain important lady-parts removed. 'nuff said.) She was hospitalized for eight days to receive skin grafts. She tried hard to negotiate an out of court settlement of $20,000 just to cover past and future medical costs and lost work, and when McD's offered her $800, she sued for the money. The jury awarded her $2.86m, which the Judge reduced to $640,000 (which was still far more than she had claimed). $2.86m was two days of income from coffee sales at McD's.

During the time leading up to this case, over 700 people had previously been burned by McD's coffee so severely that it was brought to the attention of the company. Following the case, McD's reduced the temperature of coffee served at the drive-through window.
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Old 01-03-2011, 03:45 PM   #28
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Walmart Campground

So here is the obvious solution...certain Walmarts set aside a number of sites with card operated electric hook-ups. Maybe even have dump facilities. The sites could be in a more secure area with increased security. Since many RVers seem to regard Walmart as a campgound (slides out, awnings up, lounges out)...perhaps Walmart starts charging as such! Maybe put in a pool, fire rings, a horseshoe pit......

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