How to Sue WalMart


Wal-Mart is a huge corporation that everybody loves to hate. Because its stores are everywhere; it is known to have very “deep pockets”; and its corporate practices are felt to be unfair by many, from employees to shoppers to competitors to suppliers, it is often the target of lawsuits.

There is even such a thing as a “Wal-Mart Litigation Project” to track and coordinate the countless lawsuits that have been filed against the retail behemoth. Experts estimate that the company is sued several times every business day!

If you feel that you have been damaged by Walmart and have a case against them, you too can of course sue. The mechanics of a lawsuit against Walmart: gather evidence, hire a lawyer, negotiate, file suit, go to trial if necessary, are the same as a suit against the local mom-and-pop store. In practical terms, however, the process is often very different.

Because the corporation has been sued literally thousands of times, it has acquired formidable legal resources in the form of a huge team of attorneys, both in-house and in law firms. In other words, the company is ready, willing, and very able to defend itself inside and outside the courtroom!

Also, unlike many defendants who, when they know they are in the wrong, are eager to settle out of court rather than to incur the expense and risks of a jury trial, Walmart avoids out-of-court settlements wherever possible. There are several reasons for this.

The primary reason for this is that Walmart knows that it is thought of by many as having deep pockets just waiting to be picked. It knows that many plaintiffs believe that Walmart considers amounts of a few thousand or even tens of thousands of dollars “small” and not worth fighting over. If it actually behaved in this way, and it became known that Walmart was eager to settle, the company would be flooded with even more plaintiffs hoping to make a quick buck. So it’s in Walmart’s interest to be known as a tough defendant, even though the amounts involved may seem insignificant to an enormous corporation.

Because, as mentioned above, Walmart has considerable legal muscle at its disposal, it is willing to use it. A small business might “cry uncle” if subjected to extensive legal maneuvering and want to get rid of the nuisance. But not Walmart. You can’t “outlast” them in a lawsuit. They will use up your time and money before they use up theirs (unless your last name happens to be Buffett or Gates).

In fact, because Walmart is hated by so many and is such a popular target of lawsuits, many juries are unwilling to award large judgments to those suing the company because they think the company is unfairly attacked by “golddiggers.”

Because lawyers know that a lawsuit against Walmart is going to be an uphill battle, many are reluctant to take on cases against them.

The bottom line: you can sue Walmart, and if you have been genuinely wronged by them, perhaps you should. They are not above the law! But don’t think of them as a cash cow that’s easy to milk. If you choose to go after them, you, and your attorney, will probably have quite a legal battle on your hands. So make sure you have a good case. And a good lawyer!

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6 Comments

6 Responses to How to Sue WalMart

  1. Amy Tawfeed says:

    My husband works for Walmart. He had a supervisor try to push him on the job. He reported her to management and she called her husband. Her husband showed up at Walmart that afternoon and threatened physical harm to my husband if he reported her again. Cops were called, a no contact order against her husband was approved in court for one year. My husband put up with harrassment from her and her family members. She was still his supervisor another four months. It took a police officer to go back and talk to “his friend” the store manager to get my husband moved to another department. After the no contact order was over, her and her husband confronted myhusband, while he was at work, and mentioned that it was up. They started the confrontation. My husband verbally defended his self, but he was wrote up. This woman was never punished for any of this. Now we have received a right to sue for discrimination, my husband is originally from Iraq. His former supervisor and her husband have posted anti Islam post on their Facebook, on the day of the court for the no contact order. This woman has confront other associated verbally also. They were not write up like my husband. But we can not find a lawyer to help us. And the Right to Sue is only good for 90 days. If we do not file a case in 90 days we lose our chance. What do we do now? He followed all of their rules and gets treated this way. And she can do it to anyone else. She completely got away with it.

  2. gail richey says:

    I fall at Walmart went to the e.r. with my shoulder they took xrays
    and then told me I needed to go see a bone DRi did not go to one it has been about a month it can,t afford it

  3. kennith mayberry says:

    ivisited walmart store on nellis and stewart close to closing time and was denied by an employee to use the self cash out register after the customer ahead of me had finished checking out ….was told by employee he was giong home in four minuets…i only had four tubes of paint …employee mad a nasty remark ..i returned next day to repurchased items not knowing another employer had witnessed incident and confimed to her supervisor that i had been treated unfairly…do i have ground to sue

    • c.a.j says:

      I purchase chicken liver from Walmart on 09/28 and took them home and clean and fried them, latter that day I became ill and by 10/02 I was vomiting and bleeding. I spent four that in the hospital stomach pain and bleeding. on the fourth day I was tolded it was contamined chicken. I knew it was from the livers because all I had been eating was soup.

    • Aine says:

      It’s unlikely that you will be able to sue. They would consider this a very small incident and would likely take managements side. Having worked at WalMart, this sort of thing is unfortunately common and easily overlooked. They don’t have much care when it comes to employees and customers.

  4. Larry says:

    Well, here goes noth’n? don’t look like this site is read real frequent the post and replies are old…I purchased a WM gift card from an online ad, met the gent at WM customer service counter, my arrangement was I would NOT buy if WM could not validate the balance, and if WM would NOT transfer the balance to a new WM card that was uniquely just mine. Well, WM did in fact validate the balance off an existing WM gift card, WM then transferred the balance to a new WM gift card for me; I paid the gent in cash at the customer service counter on security camera; Yes, you guessed it? the gent is a crook, he had purchased the WM gift card he had in hand, with a stolen VISA. WM was able to weeks after the fact see that the WM cards were illegally purchased, so what did they do, they ZERO balanced my WM card. WM has turned over the cash funds to law enforcement, and I am told the cash will be turned over to the VISA company.
    How in the H#!! can WM after they validated the BALANCE, after they created a new WM card for me…How in the H#!! can WM zero balance my card…it is there fault they were scammed…instead they shift the scam to me…I’m pissed…CAN and HOW CAN I SUE THEM!!!! anyone?

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