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Incident at Walmart - offered a $50 giftcard as a gesture of good faith - should I accept or seek more?
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Incident at Walmart - offered a $50 giftcard as a gesture of good faith - should I accept or seek more?

Recently in Walmart I bought a bottle of chocolate milk. I opened it and started drinking it on my way home. After the second sip there was a potent taste and smell of bleach all around the rim of the bottle. Looking at the bottle I could see the liquid dripping off the rim. I put the lid back on the bottle and when I got home I called Walmart to let them know what had happened. For about 48hrs after this, I had a burning on the tip of my tongue and the back of my throat where the bleach had touched I also had bad stomach pains. Knowing I hadn't ingested alot I did not see a doctor. I received a call on Monday from Walmart's investigation firm. Although they say it's not their issue, they want to give me a $50 for my troubles. First I need to sign a waiver saying i wont sue. It's been about 3 weeks since the incident I havent sent the forms back yet but I get calls several times a day asking me to send back the form so they can close the file. is this a buy off? Should I seek more?


    




♥ ☼ ♥ ☼ LOVE MY LABS!!
Are there any residual effects now of what happened? If not I'd just accept the giftcard and move on.


Information Police
Since you didn't see a doctor it would be hard to prove you were harmed. Do you still have the bottle? Can you still smell anything on it. If not, take the gift check and close the case.


Hokie_Pokey
Are you ok?

If so, take the $50.

You didn't see a doctor so you have no medical records to help you with a law suite. And you probably wouldn't win against a huge corporation like Wal-Mart who employs high dollor attorneys to protect them against this stuff anyway.


SimpleGirl
Rating
Take the gift card. You don't have a doctors report to say what you suffered, and if you go to a lawyer you will just waste a lot of time and a lot of money on a suit that could take years and could potentially get you nothing.

It was negligent on their part, but there was no lasting harm and they are pretty much a superpower with a lot of money and a huge team of lawyers.


That's what you get
what? how did you not notice bleach in your chocolate milk on the first sip?


PrettyRN
should report it to the health department rather than a lawsuit. There may be other as well and this needs to be investigated more thoroughly.


Jen
It is a "buy off" or an offer of settlement, in legal terms. Whether you should take it or not depends on a lot of things. What kind of proof do you have that you were injured? What were your actual damages? Do you want to mess with a lawsuit? You say you did not go to the doctors so I am assuming damages are not that bad. The item that was corrupted did not cost that much I am assuming maybe a $1.00. If you did not take pictures, or have any other proof of the bleachy milk, your chances of winning in a lawsuit are probably pretty low.


Because John McCain Said So
I guess it all depends.. Did you notice that the bottle was opened or anything after you purchased it? If you did, then Wal-Mart is not at fault. If you did not notice the bottle open, then it would be the fault of the manufactuer of the chocolate milk. I would take the 50$ gift card, and then call the manufactuer of the chocolate milk and tell them what happened.


cdslsmn
It has been 3 weeks and you have no loss. You did not miss work or go to the doctor. You have nothing to sue for. You are just being greedy at this point. If you sue you will get nothing and then wish you had the gift card.


NYC Rider
Since you did not see a doctor or go to the hospital I feel that you do not have much leverage. Other than a minor burning sensation you seem to be alright. Remember you need the burden of proof, you would have to establish that it is the fault of Walmart and that you did not tamper with the item, take the $50.00 coupon and get on with your life.

Good Luck


kimba
Are you dying from it? No
you were sick for a couple of days. No dr visit either.
take the card and move on
Lawsuits are the reason prices are so high in this country everyone is out to make a quick buck.


**Metal Mama**
since you didnt go to the doctor why would you sue them? if it was so painful and blah blah you should have went to the doctor but you were not worried enough to go. but your worried enough now to want to sue?

take the damn gift card and stop being an idiot.


omallory_us
Rating
the only problem with going after more is you suffer the burden of proof and against a multi billion dollar company with a whole team of lawyers take the 50 and be happy


iamct01
Just have them replace the cost of milk and have them tell you how it happen and what they are going to do to make sure it does not happen again. If you get a poor answer blab to the media.


INSOMNIAC
Rating
You should consult with a doctor at their expense so you can be sure that you do not have permanent problems, scarring or other medical problems can occur after a bleach burn, allowing them to basically buy you off for $50.00 when in fact you could have future medical expenses would be a mistake, you should consult with an attorney and a doctor, a consult with an attorney would not cost you anything and the attorney could refer you to a doctor who would bill either wal mart or himself until the case is resolved.~


Teresa
This is really an issue for the company that manufactured the choc. milk not really Walmart.Take the gift card and if there are any damages seek them from the milk company.


joearnold00
Rating
I would take the $50. You didn't see a doctor so you have no real proof of what happened and how it affected you. It's not totally their fault but since it happened in their store they should give you something. If no extra money has gone out of your pocket for this incident then why not trade a $2 bottle of chocolate milk for a $50 giftcard (just don't buy more chocolate milk with it...lol)


kwynn_75
Rating
I worked in the legal field for five years, and in my experience people are always trying to sue Wal-mart, for legitimate and ridiculous claims. The would probably not settle and a lawsuit against them would go on and on for years. I would only pursue a lawsuit if you were very badly hurt, it was a clear that Wal-mart was at fault, you have concrete proof, lots of money, time to waste and don't mind waiting. Abuse of our legal system has created this silliness, so any kind of legitimate claim gets lost in the heap unless you have tons of money for a great lawyer. I would accept their $50.00 gift card, sign the forms and let go. Good Luck :)


missy
Rating
Take the gift card! You dont have any evidence (doctor bill) that states you were harmed by a product/drink containing bleach. So just move on, youve already wasted 3 weeks anyway.


Top Cat
Rating
this is a buy off you should consult a lawyer and see if you can sue (usually consultation is free)


pixelator
Rating
I would seek more. They are being way too eager to close the case, and what if this happened to another person-even a child? I would make sure that this never happens again and nobody else gets hurt. Plus, they said it wasn't their issue-well it is because they sell the product. I would hold them accountable, because right now they judt want to sweep it under the rug.


Diane M
Rating
I'm sure that it's a buy off, they want to avoid law issues of course. But, if you push it further, you will probably have to get a lawyer, which will cost you money. Then they will ask you why you didn't see a doctor immediately, and maybe want you to see one now (which will also cost you), and if there is no damage, it will probably just be dropped. It could go either way, but I would bet that they would win. You have to decide what you want to go through.

Best Wishes


hottotrot1_usa
I would take the $50. You can only sue for "actual damages." If you have no medical bills and no permanent injury then you really don't have actual damages. Your "pain and suffering" wasn't substantial. Their lawyer will say that if you were really in pain you would have sought medical help. It will cost you money just to hire a lawyer...


Izzie
Rating
yes its a buy off..... you should have went to the doctor and saved the milk for evidence.... now since it has been so long i think your only option is to take the $50 giftcard.... cuz i don't think you can prove it anymore and won't get anything.....


I ♥ 504 babyy!
Rating
You shouldn't sign anything, that's for sure. What if something goes wrong with your health later on, from all of this? I hope it doesn't but think about it! That would be horrible. You are worth much more than $50!


Bill C
OK ask yourself this, what are you going to sue for? Bleach, or something you think was bleach on a milk bottle. 2. Where did this come from, the store, the dairy, the milk transporter? What proof do you have that it was on the bottle when you left the store and you didn't add it later? What did you suffer and how badly did you suffer.
Right up front, I don't think you stand a snowball's chance!


jimmymae2000
Rating
Were you damaged, if so what will it take to remedy the damage?


FT-5
Seek a Lawyers advise... Don't take the advise of some of the wannabe's on here.. Get REAL advise.


~*Gia*~
Hmm..You would probably have to contact a law office to find this out. I don't think you can really sue for more because it seems like it was an isolated incident..but then again you do not know if any other people purchased the same milk and if theirs was affected as well. Then you all could probably sue because clearly a bad shipment was either sent to the store, or there was some serious negligence on someone's part.

What would also hurt the case is that you didn't go to the doctor. So there really is no way to prove that the symptoms you had are from the affected milk or that the milk caused other complications or problems in your body. Since it has been 3 weeks since the incident, I don't think there is much you can do now except complete the form and get the gift card.

But like I said before, it would be best to seek some legal advice to see if there is anything further that you could possibly do.


Peggy Sue
Well, it depends. Are you still suffering anything from the incident? If you are, then you shouldn't send the forms back and go to the doctor. They might be taking advantage of you because they are hoping you don't know any better because it could be a huge lawsuit. It is their issue, that's what lawyers are for, to prove that. However, I'm not saying they were right for only giving you $50 because they are a cheap company and they'll get karma for that either way, but if you're just seeking for more money just to get more money and it has nothing to do with medical bills and such, suing for the purpose of your wealth is not only a sin but it's selfish. Forgive and forget if you're okay.


shatteredillusions.
Rating
ya you should $50 isn't enough for what happened to you!!





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