Dangerous condition at Walmart

I was in Walmart a few weeks ago with the family when my daughter went to the next aisle, found a skateboard, and promptly took a nasty fall. By the time we got home, it was clear it was not a bruise, so we went to the hospital and found out her elbow was broken. She is now the proud owner of three titanium screws in her funny bone.

Obviously I was not happy with my daughter, who at 14 should know better. So at first I did not hold Walmart responsible. But after thinking about it and inspecting the scene, I changed my mind. There is a dangerous situation here, and I've decided to see if it is possible to get Walmart to do more to protect kids.

My first attempt was to ask them to take financial responsibility for her medical bills. I filled out a form at the store that looked like it was designed for employees' workers compensation claims. A few days later I got a call from their insurance company. There were some calls back and forth, I gave them all the details, and ultimately my claim was denied. Their reasoning was a variation on the "she should have known better" argument. They told me the 'age of culpability' in Colorado was 7. There are several things wrong with this statement. First 'age of culpability' refers to criminal responsibility, and skateboarding in Walmart is not a crime. Second, the correct age for Colorado is 10. Third, this is just a lower limit. The law recognizes that children gain maturity for different actions at different ages. And I'd love to know if they have paid any claims for 9 year olds!

I'll describe why I think Walmart is responsible in upcoming posts.

I should point out that everyone has been respectful and sympathetic. This takes some effort as a corporation and it is appreciated.