[lee martell]

Did he have some other pre-existing condition that would make the severity of the accident more likely?
Too break one’s pelvis from tripping and falling straight down implies the person had osteoporosis or weakened bones to begin with. Was he on some sort of steroid?

An award or settlement was proper, but this size seems excessive. $5. ‘punitive’? Why must they be punished?
Does he think it was done deliberately?

[Calvin Locke]

I believe there's a term called "Attractive Nuisance". An example is if you leave a ladder up, and a young-skull-full-of-mush climbs up and is injured/killed.

With Walmart, now you're going to have to wait the have the watermelon handed to you, rather than grabbing it yourself, and heading to the the checkout.

[CurlyDave]

...Too break one’s pelvis from tripping and falling straight down implies the person had osteoporosis or weakened bones to begin with.,,

In general, there is a legal principal that you must accept your victim as he is. If he has weak bones, that does not reduce Was-Mart's liability in the slightest.

If this were not the case, there would be extensive and very intrusive checking into the background of every plaintiff in the country.

How would you like it if you were injured in a car accident and your entire life back to the age of 2 or 3 were fair game for some insurance company lawyer and investigator?

[Deaf Smith]

You are not entitled to a healthy victim.