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West Monroe Wal-Mart Investigation Part 2

By: Nathan Ledford
Updated: November 24, 2009
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The death of Margie Davis has sparked a lot of questions involving how the store is handling the case.

We found thousands of cases where customers have been seriously injured while shopping at Wal-Mart.

NBC 10's Nathan Ledford spoke to an attorney who says this isn't the first death of a Wal-Mart shopper

Margie Davis died Saturday after a shelf fell on her Friday at the West Monroe Wal-Mart causing massive chest and head injuries.

Wal-Mart is not giving out much information about the accident.

And it's not the first time the big box store has been sued over accidents.

But still there is no government or watchdog agency that regulates customer safety in retail stores.

West Monroe Wal-Mart is the last place you would expect someone to die especially from store a store display.

But that's what happened to 86 year old Margie Davis.

Jeff Hyman is a personal injury attorney for fallingmerchandise.com in Colorado.

In over 16 years Hyman says he's tried thousands of cases involving Wal-Mart.

"We've had a number of brain damage cases and serious orthopedic cases from merchandise falling," said Hyman.

In fact Hyman says Wal-Mart has the highest number of cases out there.

But that's expected having thousands of stores world-wide and nearly 100 million customers.

And Hyman says during the holiday season the number of cases starts to really stack up.

"They’re a lot of customers and a lot of merchandise on the floors and displays still packed and stocked on the shelves," said Hyman.

According to the Ouachita Parish Coroner, a large display of "holiday towels" crushed Davis which led to her death just a day later.

But Hyman says Wal-Mart is not the easiest business to deal with when it comes to admitting fault.

"Even the meritorious claims are aggressively defended and result in more often then not what we refer to as Wal-Mart justice," said Hyman.

Some might ask why not rely on the many security cameras placed around the store.

Hyman says even if there was video evidence, getting Wal-Mart to submit that is unlikely.

He also says video was submitted in only one of the thousands of Wal-Mart cases he's seen.

"We believe that videos exist, but they have not otherwise been provided," said Hyman.

Hyman says California is the only state that has a statue that regulates how high merchandise is stacked.

But Hyman adds that many Wal-Marts are decreasing store clutter to prevent accidents from happening.

The only way any charges can be filed against Wal-Mart is if the family hires a lawyer to hear their case.

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