Walmart+ and Walmart Problems

[pineywoods]

A couple months ago we got Walmart+ and yesterday we had a delivery come and the idiot didn't come in the dirt driveway he chose to drive across the grass. There is a door near there that we never use and the driveway comes to the back door it's also where 2 vehicles are parked. Well he drove over our Star Link satellite dish and didn't even bother to say anything the wife noticed it after he drove out. Delivery was made at 12:17 I went out to take pictures of it and tried calling Walmart of course they didn't answer the phone finally on about the 5th or 6th time they answered. The Customer Service Crew Leader is who I talked to I explained that the delivery driver had run over the SL satellite dish and I had pictures of it including the tire scuff on the satellite this was all done by about 1:00. He says I have to go to the store and fill out a report which I thought was stupid but anyhow wife went there and filled out the form and they attached the pictures to it. He says they will submit it. The next day we get an email from Walmart Claims Services that says "Drivers are independent contractors" and we need to file a claim with their insurer Walmart will not cover it. He provides the drivers name and contact info for I'm guessing his insurance company. I tried calling the person from Claims Services that sent the letter of course he didn't answer left a message still haven't heard anything.
So let me get this straight Walmart is not responsible when a driver they hired through them or another company. Well that to me doesn't sound right I didn't hire the person I have Delivery Service through Walmart+ why would I have to file through some guys insurance and hope they pay, who knows if the guy ever told his insurance company that he's making these commercial deliveries.
Am I wrong here or would you expect Walmart to take care of this we purchased the stuff through Walmart not some guy we don't know or know anything about. I also have an accident case number from the Sheriff's Dept. and the Deputy said he sure thought Walmart would take care of it not force me to have to jump through hoops and hope to get a new SL dish. Thank goodness we had just gotten Spectrum for our Internet Service.
Sorry for the long rant

 

[sandyut]

WOW that is horrible. I would expect better, and that Walmart would figure it all out for the customer. It should not be on you to track down the drivers ins and all. I would be pissed.

Sorry this happened.

 

[Smoking Allowed]

That's insane! I would be beyond mad. Did they tell you a head of time your order was being delivered by a contractor and it was their responsibility? What if the order had something missing or damaged? Would that be the driver's responsibility?

 

[hoity toit]

dang. They should do the right thing and cover it. Escalate your claim higher.

 

[pineywoods]

WOW that is horrible. I would expect better, and that Walmart would figure it all out for the customer. It should not be on you to track down the drivers ins and all. I would be pissed.

Sorry this happened.

Thanks and I am pissed off about it just seems so wrong

That's insane! I would be beyond mad. Did they tell you a head of time your order was being delivered by a contractor and it was their responsibility? What if the order had something missing or damaged? Would that be the driver's responsibility?

Of course they don't tell you anything about any of that and don't know what would happen if something was missing or damaged.

dang. They should do the right thing and cover it. Escalate your claim higher.

Where would I escalate it from where we are "Walmart Claims Services" says they are not responsible

 

[hoity toit]

Thanks and I am pissed off about it just seems so wrong

Of course they don't tell you anything about any of that and don't know what would happen if something was missing or damaged.

Where would I escalate it from where we are "Walmart Claims Services" says they are not responsible

Corporate Office in Arkansas.

 

[wisconsin ram]

Corporate Office in Arkansas.

The Delivery Driver does not work for Walmart. They are independent like Door dash or Uber Eats etc, and it has to go thru their Insurance. Also if you order something from a Company and Ups delivers it and it is damaged Ups has to cover the item that was damaged in shipment. basically the same thing. if something was missing from a order then the Place you order from is responsible to make it right. I know I have been in the delivery Business for 38 years and am now retired.

 

[pineywoods]

The Delivery Driver does not work for Walmart. They are independent like Door dash or Uber Eats etc, and it has to go thru their Insurance. Also if you order something from a Company and Ups delivers it and it is damaged Ups has to cover the item that was damaged in shipment. basically the same thing. if something was missing from a order then the Place you order from is responsible to make it right. I know I have been in the delivery Business for 38 years and am now retired.

If I order from Door Dash or Uber Eats I know I'm hiring them to deliver the stuff I order. However I didn't order it through any company except Walmart if they are going to use people to deliver stuff and not be responsible for damages done then they need to tell us that in advance. Walmart+ about to be canceled as soon as this is resolved

 

[Brokenhandle]

I'd make as big as stink as you can! Social media is huge. In my eyes I'd say F Walmart and anything to do with them!

Ryan

 

[sandyut]

In my eyes I'd say F Walmart and anything to do with them!

When I get shafted, I let dont spend my hard earned cash there and take every opportunity to express that to others.

 

[JLinza]

I don't understand that either. Apparently they are independent from Walmart, but that doesn't make sense to me. If I was a company making billions of dollars I would just hire my own people... create jobs and no or few outside contractors. It's a weird world we live in.

 

[pineywoods]

I'd make as big as stink as you can! Social media is huge. In my eyes I'd say F Walmart and anything to do with them!

Ryan

I'm gonna try Ryan we'll see if it makes any difference. I'd love to never deal with Walmart again

When I get shafted, I let dont spend my hard earned cash there and take every opportunity to express that to others.

Dave I plan to let as many people know as I can. Around here we only have Walmart and Aldi's maybe more trips a longer distance

I don't understand that either. Apparently they are independent from Walmart, but that doesn't make sense to me. If I was a company making billions of dollars I would just hire my own people... create jobs and no or few outside contractors. It's a weird world we live in.

I don't either of course I don't understand the idiot driving about 125 yards across the grass instead of driving another 75 yards and using the driveway. He wouldn't have been anywhere near the satellite.

 

[BrianGSDTexoma]

That sucks! I got Walmart Plus mainly for Paramount Plus. They charge like $7 if under $35 which is most the time for me than need to tip the driver on top of that. I will just go to the store.

 

[sandyut]

Dave I plan to let as many people know as I can. Around here we only have Walmart and Aldi's maybe more trips a longer distance

everything is a drive here. Kroger is 20-25 minutes, Costco is 40 min. I just take a huge cooler and drive to Costco. When we moved here we bought a second refer to help. Saves some driving.

 

[okie sawbones]

Murphy sucks...

 

[Charlene G]

Wow doesn't even begin to describe your situation. These companies play up their delivery service like it is a great benefit to their customers. Turns out...they don't care if you get your delivery or not. Walmart up here in the great white north is no better....a young lady with a toddler and a newborn decided to get grocery delivery from Walmart. I understand that, shopping alone with 2 little ones is a chore. Well, her experience did not go well. Walmart did the delivery, but it was not to her. When she called Wally World, they said the delivery was made and didn't care that it wasn't to her. Something tells me the 3rd party delivery person kept the $300 worth of grub and said it was delivered. I don't know if Walmart ever made it right for her.

On a side note: If you can pick it up yourself...go get it.

We have had numerous food deliveries to our home that was not for us. One McDonalds order and 1:30 am (wondering why door bell was ringing). Driver dropped food and ran. About an hour later someone picked it up from across the street. Next week, same issue. At 5 pm a food delivery order arrived on our doorstep...about 10 minutes later here comes a neighbor from a couple blocks away to get their order. Then they gave me a dirty look and I think they were going to give me the 1 finger salute, but changed their mind.

Good luck and hope you get compensation for all your damages.

 

[normanaj]

Don't take this the wrong way but Wallyworld is a place you visit,it's not a place that should ever visit you.

 

[radioguy]

Hey Starlink is a good outfit. Send them a message & explain the situation. They may help you out.

RG

 

[Fueling Around]

Well that just plain sucks Jerry.
Good luck getting any resolve on that.
Walmart is a ... mega business. Customer Service with them is not always great due to the ... well customers trying to pull a scam.
Home delivery costs companies such as UPS a lot of money due to the scam (scum) people.
Walmart adopting the door dash model doesn't surprise me. They want to distance themselves from the most unreliable side of home delivery, the customer.

 

[dward51]

I throw the BS card on Walmart. "They" hired a contractor, "they" control the contractors actions, "they" are responsible.

The principle of “respondeat superior” comes into play here. This legal doctrine holds an employer accountable for the actions of an employee, but typically not for an independent contractor. The key lies in the degree of control the employer has over the individual performing the work.

If the employer dictates how, when, and where the work is to be completed, the worker is likely an employee. In contrast, independent contractors usually have more freedom to decide how they complete their tasks.

Vicarious liability, often referred to as imputed liability, is a fundamental legal principle particularly relevant in the realm of employment. This concept holds that an employer can be responsible for the actions or failures of its employees when these occur as part of their job duties. Rooted in the notion that an employer should bear the risks associated with the activities from which it benefits, vicarious liability is a form of strict, no-fault liability, meaning the employer’s responsibility is established irrespective of personal fault or negligence.

Central to the application of vicarious liability is the concept of the “scope of employment.” For an employer to be held liable, the employee’s actions must be closely related to their job responsibilities. For example, if a delivery driver has an accident while performing deliveries, the employer may face liability as the driver was engaging in their work.

Walmart establishes the delivery window before the purchase is completed. Therefore they control the actual delivery. The Delivery Driver was clearly engaged in a "scope of his employment" when he/she ran over your Starlink dish.

In my opinion, Walmart is stuck with the cost of this. They may recover from their contractor, but I think the level of control they exercised about when and where the package would be delivered, even the option of how (leave directions option at time of purchase, ie, leave at garage, put on porch, etc...), makes them liable for the acts of their contractor.