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Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 25031
Experience:  JA Mentor
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EMAIL TO WAL MART WED. 7-10-13 10:30 AM I bought two pairs

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EMAIL TO WAL MART WED. 7-10-13 10:30 AM

I bought two pairs of hip huggers January 30, 2013 at WalMart at 1701 W. 133rd Street, Kansas City, MO 64145. After altering them I wore one pair (FF-0110 - 074619436318) for the first time last Saturday, July 6th. The following morning I woke up with huge red bites on both legs below the belt.

It's summer and I simply assumed a large bug had gotten into the house when I came into the door, and dismissed it.

However, last Monday I wore the same hip huggers again, and woke up yesterday morning with more of the very same huge red bug bites on both legs.
This is not only annoying, but extremely uncomfortable! They itch and burn.

I have no alternative than to realize that these bug bites came from the hip huggers, and am seriously considering calling an exterminator. I have never in my entire life had a problem of this kind and if I am required to hire an exterminator, I will have to notify the local TV stations; as well as the K.C. Star, as I certainly do not want other people to be faced with this situation, and accompanying discomfort, and expense!

I am an 88 year old white woman, on social security, and cannot afford an exterminator.
There was a call from WalMart on my caller ID last Friday, July 12th at 6:30 pm. I was not at home, and it was too late to return the call when I did get home.

Yesterday I tried calling back and was put on hold for so long that I finally hung up. Please advise me as to what I should do.

I put the hip huggers into the drier for 20 minutes and ironed them with a hot iron, but when I wore them again there were more bites! Now, they have spread into some of my other clothes.
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If you have not already done so, first take pictures of all of the bites, scratches, etc. If you can get pictures of the bugs on the pants, that would also be good evidence, but I don't know if that's possible. Put the pants in a plastic bag or container and separate them from your other clothes, towels, bedding, etc. If you have to seek medical treatment for the bites, keep your receipts and get copies of all your medical records.

You should be able to get Wal-mart to reimburse you for the pants, and if you can prove that the bugs came from that item, they'll also cover your exterminator and pain and suffering from being covered in bites. There is one issue, though - you said that you had the pants altered. If you had it done yourself, that's not a problem. But if you had someone else do it, you may have to prove that the bugs didn't come from that person. Otherwise, a store that sells a defective product is strictly liable for the damage caused - you don't even have to prove that Wal-mart was negligent. You only have to show that you got the pants there, and they have bugs.

The priority in this situation is to first, take care of your health, and second, make sure that the problem doesn't get worse. So you may need to call an exterminator while you are negotiating with the store. If you cannot get through to a manager on the phone, you can go back to the store and ask to talk to someone. Usually, though, it's someone at the corporate level that would help you. Here is information on contacting the corporation.

A letter sent to their home office, legal department, your local store manager, and addressed to the president, sent via certified mail to the Home Office, is likely to get you a response. If they won't help you, then they may listen to a lawyer. Most lawyers take these cases on a contingency basis, which means that you do not have to pay until you win. A good place to find someone is, because you can look at peer reviews and client ratings.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Satisfied Customers: 25031
Experience: JA Mentor
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