A Shopping Cart Injury At Sam’s Club: Do I Need An Attorney?

March 26, 2010

The Following Q&A is from AllExperts.com. You can find more answers from Joe Maus here, or at AllExperts.com

Yesterday my wife and I went to Sam’s Club. Upon entry into the store in the “cart barn” I was struck by a load of shopping carts being brought into the area by two of Sam’s members. I was hit in the hip area.the Impact spun me around and I was in pain. The manager filled out an accident report and viewed the the security video and did show the accident. Today I am scheduled to see my doctor. Should I contact a lawyer or not? I am not a ambulance chaser. Thanks for your advice.


My advice on whether you should speak with an accident injury lawyer depends on the extent of your injury. If your injury looks like it is going to be with you for a while, and you’re going to need ongoing medical care to treat the injury, I would say absolutely consult with an accident injury lawyer.

The problem is, if your injury just happened yesterday, it is difficult to know what the future holds. You may wake up a few days/weeks from now and have no problems related to the accident, or you may find yourself in surgery several months from now as a result of the accident. There is no way of knowing now what the extent of your injury will be.

I would recommend you meet with an injury accident lawyer now, rather than waiting to see how the injury progresses. The reason is that there are steps you want to take now that can affect whether your claim is successful down the road. For instance, you want to get a letter out to Sam’s Club immediately asking that they preserve the videotape. If you wait too long, they will tape over the video, and the single best piece of evidence for your accident will have been destroyed.

I am a Florida accident injury lawyer, and can only advise you what Florida laws are. In Florida, the accident and injury you sustained would allow you to bring a claim. A store owner such as Sam’s Club, and its employees, are required to maintain their stores in a reasonably safe condition. Having two employees run a load of carts into you as you’re standing there is an unsafe condition which they have created, and for which you can make a claim. The laws in your state may be different, so please check with an accident injury attorney in your area if you do not live in Florida.

If you received injuries, you can recover money for the injury itself, lost wages, medical bills, and pain and suffering. The amount that you are entitled to recover depends on the seriousness of your injury(s). Most Florida accident injury claims get settled before a lawsuit is filed. Most Florida accident injury lawyers handle claims like yours on a contingent basis, meaning there is no charge for attorney’s fees or costs unless there is a recovery for you. The attorney’s fees would then be a percentage of the recovery, usually 1/3 presuit or 40% if the case goes into litigation. Because the claims are handled on a contingent basis, you have nothing to lose by speaking with an accident injury lawyer now, versus waiting until later.

When a client comes into my office to discuss a claim, I will tell them up front if I don’t think their claim is worth pursuing. There is no sense of creating false expectations, and usually the clients appreciate the candor. If you’re in Florida, I would be interested in speaking to you further about your claim. If you’re outside of Florida, I may be able to refer you to somebody to speak with about your accident and injury(s).

Good luck.
Joseph M. Maus
The Maus Law Firm

To speak with a South Florida injury attorney, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.

%d bloggers like this: