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      10-24-2020, 01:32 PM   #1
dreamingat30fps
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Pothole Damage Legal Advice

So to all the OT armchair lawyers out there... I have a question.

Hit a crater of a pothole in the Walmart parking lot the other day. It has been raining every fucking day here and couldn't see it. Anyways ended up blowing driver rear tire on the model 3. Had that replaced, now I noticed there is also a bulge on driver side front tire, so that one is done also.

I'm looking at like $700 to have both tires replaced. Is Walmart of the city responsible for any of this? Can I get any kind of reimbursement and if so from whom the city or walmart?
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      10-24-2020, 01:51 PM   #2
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What the hell were you doing at Walmart?
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      10-24-2020, 01:53 PM   #3
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Originally Posted by upstatedoc View Post
What the hell were you doing at Walmart?
Picking up a small folding table... a $725 small folding table apparently.
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      10-24-2020, 01:54 PM   #4
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If possibly it is probably too late now
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      10-24-2020, 05:09 PM   #5
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Walmart will take just about anything back for a refund or credit, I would give it a shot. I would have gone back in the store and asked for a Manager before leaving the premises. If you ask me, a Police report would have almost guaranteed a check.
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      10-24-2020, 05:13 PM   #6
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https://www.walmartinjurylawsuit.com...lot-accidents/
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      10-24-2020, 06:33 PM   #7
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Quote:
Originally Posted by dreamingat30fps View Post
So to all the OT armchair lawyers out there... I have a question.

Hit a crater of a pothole in the Walmart parking lot the other day. It has been raining every fucking day here and couldn't see it. Anyways ended up blowing driver rear tire on the model 3. Had that replaced, now I noticed there is also a bulge on driver side front tire, so that one is done also.

I'm looking at like $700 to have both tires replaced. Is Walmart of the city responsible for any of this? Can I get any kind of reimbursement and if so from whom the city or walmart?
A few years ago, my front bumper lip caught on poorly constructed concrete blocks in my work parking lot, and it tore part of the corner off on my 3 series. I complained to the owner of the building about it, and they did pay to repair it. They weren't happy, but too bad. However because you've already gotten the damage fixed it might be harder, but I would still try. Normally they have quotes first before the work is done and pictures. Best of luck!
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      10-24-2020, 07:23 PM   #8
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Quote:
Originally Posted by tcphoto View Post
Walmart will take just about anything back for a refund or credit, I would give it a shot. I would have gone back in the store and asked for a Manager before leaving the premises. If you ask me, a Police report would have almost guaranteed a check.
As a former cop, I can assure you that no police report will be generated for you driving through a pothole in a Wal Mart parking lot.

It is not a criminal offense nor a motor vehicle accident on a public roadway.
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      10-24-2020, 07:31 PM   #9
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Report it to the leaseholder who may or may not be Walmart. This happened to my father years ago and the strip center owner paid up without complaint. They have insurance.

Good luck!!!
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      10-24-2020, 07:35 PM   #10
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Quote:
Originally Posted by Mason Hatcher View Post
As a former cop, I can assure you that no police report will be generated for you driving through a pothole in a Wal Mart parking lot.

It is not a criminal offense nor a motor vehicle accident on a public roadway.
Perhaps but it wouldn’t hurt if you ask your insurance agent later.
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      10-24-2020, 10:02 PM   #11
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Quote:
Originally Posted by Bunnny View Post
A few years ago, my front bumper lip caught on poorly constructed concrete blocks in my work parking lot, and it tore part of the corner off on my 3 series. I complained to the owner of the building about it, and they did pay to repair it. They weren't happy, but too bad. However because you've already gotten the damage fixed it might be harder, but I would still try. Normally they have quotes first before the work is done and pictures. Best of luck!
Funny enough it happened as I was there to do a pickup through the drive up pick setup and when I told the lady there I got a flat and may be stuck there she mentioned their tire shop area. Drove around back to that area and the guy there seemed like he was closing up (this is around 6pm). Basically told me too bad soo sad and there I sat until a tow truck arrived.
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      10-24-2020, 10:48 PM   #12
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Well, in this day and age, I would hope the event was photographed, even if just with a cell phone! Pictures help immensely in these type of situations. Photos of the parking lot, photos of the pothole, photos of how the hole was unavoidable or hidden from view, photos of the damage, far away and close ups, and receipts! And witnesses would be awesome too if they'd volunteer to sign an affidavit to what they had seen. May seem silly, but $700 is $700...

That said, I'm not familiar with Florida's small claims systems, and if you tried to remedy with the store, and it doesn't matter of you left or not, but it would have been better to leave the car right there and get a manager at the time. But if your tried to remedy with the store and failed, small claims is the way to go! You got nothing to lose but time and possibly a few dollars more than you already lost.

Good luck!
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      10-24-2020, 11:21 PM   #13
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lets say that you hit the potholes so hard that it inflicted a medical issue like back pain or a broken a tooth, etc
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      10-25-2020, 12:15 AM   #14
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Quote:
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lets say that you hit the potholes so hard that it inflicted a medical issue like back pain or a broken a tooth, etc
Ambulance chaser?
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      10-25-2020, 12:37 AM   #15
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I'm surprised your Tesla didn't send out an APB to all other Teslas to avoid the area
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      10-25-2020, 01:57 AM   #16
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Quote:
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What the hell were you doing at Walmart?
Just like posting on bmw forum about telsa problems.
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      10-25-2020, 10:06 AM   #17
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I can't really add much to this discussion but I will say that from my past life; the state of Virginia owes me around ~$1600 for tire damage related to potholes, inadequate maintenance of roads and a joke of a a general roadway system... don't expect to see a $1.

Be glad you live in FL now as do I, where the roads are SIGNIFICANTLY better than in other parts of the country.
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      10-25-2020, 10:53 AM   #18
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Quote:
Originally Posted by ASAP View Post
I can't really add much to this discussion but I will say that from my past life; the state of Virginia owes me around ~$1600 for tire damage related to potholes, inadequate maintenance of roads and a joke of a a general roadway system... don't expect to see a $1.

Be glad you live in FL now as do I, where the roads are SIGNIFICANTLY better than in other parts of the country.
Oh believe me I know! We have traveled all over the country and most roads are a joke! Our roads around here are overall in great shape, this was inside the walmart lot specifically.
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      10-25-2020, 11:15 AM   #19
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I remember driving on I40 around Nashville during a heavy rain and hitting a huge pothole. I blew a tire and had a bubble on another sidewall and filed a claim with the TN Dept of Transportation. They responded, "This is the first claim we've received concerning such a pothole. Your claim has been denied because we were unaware of a problem." Fortunately, Walmart is on private property and you should be able to pursue it.
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      10-25-2020, 11:21 AM   #20
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I seem to recall a situation where the lovely District of Columbia had a ton of pot holes they didn't fix. They only worked with the victims of said lack of maintenance when a number of people filed claims and got the local news station involved. So in essence they were shamed into doing the right thing.
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      10-25-2020, 11:53 AM   #21
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I seem to recall a situation where the lovely District of Columbia had a ton of pot holes they didn't fix. They only worked with the victims of said lack of maintenance when a number of people filed claims and got the local news station involved. So in essence they were shamed into doing the right thing.
if I was ever to move back to the DMV which would never happen unless someone gave me a million dollars, I would probably resort to driving a bulldozer with the shit i've experienced on those roads.
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      10-25-2020, 05:30 PM   #22
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if I was ever to move back to the DMV which would never happen unless someone gave me a million dollars, I would probably resort to driving a bulldozer with the shit i've experienced on those roads.
You've probably driven BW Parkway. Last year it got so bad with the pot holes there that traffic was backing up due to people having to slow down. That still didn't prevent all the vehicle damage. The solution? The Park Service just lowered the speed limit to 40 MPH and was going to figure out a future date to implement repairs. Obviously this create an uproar and eventually the idiots in charge went ahead and implemented repairs shortly after.
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