Legal Question in Consumer Law in Texas
Bee sting at local Super Center
First of all I would like to thank you for taking time reading and helping many of us with your advices.
Recently, my bother and his wife went shopping at Wal-Mart, and while shopping inside the store a bee sting him. He is allergic to bee stings and immediately inform management. After several minutes he was taken to hospital. He, in good faith thank Wal-Mart for such attention and also mentioned to management that he in good faith only wanted Wal-Mart to act responsible and pay for any expenses that might incur.
Days later Wal-Mart send him a letter telling him that that they were not going to pay for any expenses and that he need to notify his insurance so his insurance pay for the medical expenses. His company told him not to get into and legal battle with Wal-Mart because they do great deal of business with them. Is legal for his employer to ask him not get into legal battle with Wal-Mart? His employer is relocating to another city with in the next two years and he is not sure if will stick with that company. What are statue of limitations in this situations. Since Wal-Mart is not acting in good faith do you think he can pursue legal action against Wal-Mart for negligence?
Thank you very much for your advic
2 Answers from Attorneys
Re: Bee sting at local Super Center
How was WM negligent? How are you going to prove WM was negligent? In What part of the store was he stung? If it was in the garden center, how should bees be kept out of the garden center?
Re: Bee sting at local Super Center
I hope others read this answer. WalMart is not automatically liable because you were hurt in their store. Based on your facts, unless WalMart had a bees nest in the store and refused to remove it or warn store customers they are not liable. Some people think just because you are hurt on someones property they are automatically liable, they are not you still must prove negligence.
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