Wal-Mart sued, man claims overfilled plastic bag led to wife's death

[Hum]

LINCOLN, NE ?  An eastern Nebraska man has sued Wal-Mart, saying the failure of an overfilled plastic shopping bag led to the death of his wife.

The lawsuit was first filed in February by William Freis, of Plattsmouth, in Sarpy County but has since been moved to U.S. District Court in Omaha, the Lincoln Journal Star reported.

The lawsuit says the bag failed on April 16, 2010, outside a Wal-Mart store in the Omaha suburb of Bellevue. The lawsuit says a cashier placed two 42-ounce cans of a La Choy product and a 2-pound bag of rice in a single bag and handed it to Lynette Freis.

The bag broke as she carried it to her car, the lawsuit says, and one of the cans fell on her right big toe, cutting and fracturing it. The injuries led to an infection that spread through her body and, despite antibiotics, hospitalizations and two surgical procedures, "ultimately resulted in her death on March 12, 2011."

The lawsuit says Wal-Mart failed to properly train its employees on filling the bags or when double-bagging should be employed. :huh:

The lawsuit also named the bag's manufacturer, Hilex Poly Co., of Hartsville, S.C., alleging that the bag was defective, and St. Louis-based Bunzle Distribution, which provided the bag to Wal-Mart.

The lawsuit seeks nearly $657,000 for medical and funeral expenses, plus an unspecified amount for her pain and suffering and the loss to her husband.

Neither Wal-Mart nor the other defendants has yet filed an answer to the allegations, but Wal-Mart had sought to move the case to federal court.

Wal-Mart spokesman Randy Hargrove extended condolences to the Freis family and said "customer safety is a top priority, and we take it seriously any time an injury is reported in one of our stores."

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[Atomic Wanderer Chicken]

So the person didn't ask for them to double bag the items or to put the items into two bags?  If I think a bag at checkout is very full, I make sure its double bagged.

 

"The injuries led to an infection"

 

I don't think Wal-Mart should be liable because the bag didn't cause instant death and her death was cause by a complication later on.

[Hum]

What shoes was she wearing -- flip-flops ?

 

Why didn't she use a shopping cart to transport the 'heavy' items ?

 

I'd be laughing this lawsuit out of court. :laugh:

[techbeck]

I bagged grocerys back in high school and was taught a certain way how to do it.  You shouldnt have to ask for it to be double bagged.  The baggers should know.

[ILikeTobacco]

"The lawsuit seeks nearly $657,000 for medical and funeral expenses, plus an unspecified amount for her pain and suffering and the loss to her husband."

I agree with the medical and funeral expenses and probably to the loss to the husband butt he pain/suffering in regards to her shouldn't go to her husband. His suffering from the loss should be covered in the loss and hers is irrelevant since shes not alive to collect.

[spacer]

How is this in any way Walmart's fault? She died from an infection, not the injury itself. So if anything, I'd say her doctors are to blame, and that is only if they failed to treat her properly. Also how do they know the infection wasn't a result of the surgery? That seems like a more likely scenario.

[MikeChipshop Member]

Sh*t happens. Can't really blame Wall-mart

[Anibal P]

How is this in any way Walmart's fault? She died from an infection, not the injury itself. So if anything, I'd say her doctors are to blame, and that is only if they failed to treat her properly. Also how do they know the infection wasn't a result of the surgery? That seems like a more likely scenario.

 

Walmart has deeper pockets and since they are a big name the lawsuit hits the press making this to be a bigger deal than it really is, and if Walmart doesn't pay out it become more fodder for the idiots that hate everything and anything Walmart does 

[Gone]

In America we sue first, then think later!

[ILikeTobacco]

How is this in any way Walmart's fault? She died from an infection, not the injury itself. So if anything, I'd say her doctors are to blame, and that is only if they failed to treat her properly. Also how do they know the infection wasn't a result of the surgery? That seems like a more likely scenario.

Should probably read the article next time before posting. Doctors were already found not at fault. The infection came before any surgery. The infection would have never happened had the items been properly bagged like all cashiers at Wal Mart are suppose to know how to do. Just because you are a minimum wage employee doesn't mean you can ignore the rules of your job and do something unsafe like was done here. Wal Mart is responsible for its employees, hence Wal Mart is at fault.

[Torolol]

despite antibiotics

he beter sue big pharmas who actively promoting oral antibiotics,

that heavyly suspected make germs more resistant to previously known good injections-antibiotics.

[Gone]

Should probably read the article next time before posting. Doctors were already found not at fault. The infection came before any surgery. The infection would have never happened had the items been properly bagged like all cashiers at Wal Mart are suppose to know how to do. Just because you are a minimum wage employee doesn't mean you can ignore the rules of your job and do something unsafe like was done here. Wal Mart is responsible for its employees, hence Wal Mart is at fault.

I bet the infection came after ignoring the injury from the Walmart items for a duration of time until symptoms started showing. Sometimes things just happen, I've had bags break on me and had many things including a 150 lb aircraft engine stand fall on my foot, with no infection nor death (I'm an aircraft mechanic). Seems like a freak accident.

 

I bagged groceries in high school and would double bag pretty much everything, except bread. Bags aren't very good quality, and our paper bags always tore.

[ILikeTobacco]

I bet the infection came after ignoring the injury from the Walmart items for a duration of time until symptoms started showing. Sometimes things just happen, I've had bags break on me and had many things including a 150 lb aircraft engine stand fall on my foot, with no infection nor death (I'm an aircraft mechanic). Seems like a freak accident.

 

I bagged groceries in high school and would double bag pretty much everything, except bread. Bags aren't very good quality, and our paper bags always tore.

I use to prefer paper bags just because they were more environmentally friendly but had to many accidents. Get some cold groceries sweating in there and triple bagging wouldn't help you lol.

[Zaic]

In my country we bag our stuff our selfes, no one has yet died....

[The Evil Overlord]

*statement withdrawn*

[Manarift]

If items are heavy and or overweight their supposed to leave items in the cart also this seems to be a case of customer error ontop of staff not realizing the bags can break if you put stuff in that are over the recommended weight of a bag.

[FloatingFatMan]

Why do you have "baggers" in the US anyway? Just how bleepin' lazy ARE you buggers? :p

[dead.cell]

Why do you have "baggers" in the US anyway? Just how bleepin' lazy ARE you buggers? :p

Walmarts here have a bagging carousel, where the person checking you out scans the item and dumps it in the bag, spins the carousel to the next bag, and goes on. They don't really have dedicated baggers. Most of the time, people will use the self-checkout. Only problem with them is when they don't work... which can be quite often.

[psionicinversion]

sound to me like she had a really weak immune system to get an infection and die after it broke her toe. Sounds like a bad cut would of killed her. She must of bin stupid because when you pick up a bag you can tell if the contents are to heavy for the bag cus it pulls hard and can feel it stretching so she should of asked for the stuff to be moved to another bag. Knowing america she was prolly hoping an injury would occur to get some free money, just didnt bank on it killing her. Probably waited a while to so it got more serious to get more $$$. Waits to be flamed!!

[Chicane-UK Veteran]

Unbelievable. Did she not get the damn toe treated? How the hell are Walmart responsible for this?! 

[DocM]

Even those who are healthy can contract a "flesh eating" bacterial infection, which can be fatal. Such antibiotic resistant infections can, and do, become uncontrollable within a day or two.

I worked as a bagger/stocker at A&P my senior year in high school. Those who are saying the checkout person should have double/triple bagged heavy items are correct, we were taught that day one. Today Walmart checkout persons also have the option to offer heavy duty cloth bags.

Saying Walmart has no culpability is wrong.

[Arachno 1D]

It is up to the person carrying the bag to check they are suitable for purpose much like a wagon driver is responsible for their load but given its the US Im sure some wimpy judge will find in her favour.

[Eddo89]

Even those who are healthy can contract a "flesh eating" bacterial infection, which can be fatal. Such antibiotic resistant infections can, and do, become uncontrollable within a day or two.

I worked as a bagger/stocker at A&P my senior year in high school. Those who are saying the checkout person should have double/triple bagged heavy items are correct, we were taught that day one. Today Walmart checkout persons also have the option to offer heavy duty cloth bags.

Saying Walmart has no culpability is wrong.

If Walmart have good policies in how they pack their item, then how much fault could they have if the policies are generally enforced? 

 

I just don't understand how you can be sued for this. This is like, playing basketball you elbowed someone in the head, leading to concussion, but also led to brain damage and eventually death. Assuming proper medical procedures was followed, are you honestly saying that you can and should be sued for an elbow to someone's head in a game just because they died? Assuming the elbow was inadvertent, something you probably see once every 5 or so games. Not packing properly once in what could be a 100 customers that day in that check out alone and now you are saying Walmart is liable. Maybe the employee thought the bag is strong enough. Maybe the plastic bag was weaker than usual, and then it might be the manufacturer's fault. How far can you lay the blame?

 

According to this, 17 pounds. http://www.plasticbagfacts.org/Main-Menu/Fast-Facts/. And then:

 

 

The lawsuit says a cashier placed two 42-ounce cans of a La Choy product and a 2-pound bag of rice in a single bag and handed it to Lynette Freis.

 

That is like, what, 7 pounds? I don't use pounds and ounces, but that total amount to 3 Kg, which I'm sure a typical plastic bag should hold. Unless my maths is completely wrong. Maybe they are required to be double bagged when is at that weight, I don't know. I bought my mother a pair of 2 Kg dumbbells, didn't even occur to me that double bag maybe preferable at that weight.

 

Maybe I'm not American and therefore I do not follow the logic of where someone must pay. Is a set of unfortunate incident which quite frankly nothing could be done to conceivably avoid it. Far as I'm concern, unless there is someone who is negligent in the process, there need not be someone be culpable.

[(Account no longer active)]

Some people are too lazy to think.

 

If I were the checkout person or the carrier of the bag, I'm sure it would be common sense to know if a bag is going to tear or not.

 

Perhaps there was something on her toe previously.

 

For those in metric counties, 42 ounces = 1.19068 kg.

[DocM]

Eddo89-

Generally speaking a business is responsible for the actions of its employees, even if they are breaking policy. Especially then as it exemplifies failures in training, supervision and enforcement.