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Family Demands Wal-Mart Pay For Death of Employee — Fair?

The family of the Wal-Mart worker killed by a stampede of shoppers has filed a wrongful death lawsuit, claiming that Wal-Mart "created an atmosphere of competition and anxiety" that led to "crowd craze." Considering that a young man died in the Black Friday frenzy, that much seems true —but should Wal-Mart have to pay for that death?

The family thinks so, and in the lawsuit they argue that Wal-Mart "engaged in specific marketing and advertising techniques to specifically attract a large crowd and create an environment of frenzy and mayhem and was otherwise careless, reckless and negligent." The family also claims that the store did not provide reasonable security.

Regardless of who's ultimately responsible, it's unbelievably sad that a stampede caused by discounts resulted in a man's death.


Join The Conversation
xXFurygeistXx xXFurygeistXx 8 years
The stores KNOW what the hype does and how people react. They didn't take proper precautions to prevent this kind of thing from happening, and the death occured on store property. We shouldn't be encouraging herd/mob mentality in people. Yes, the people should take their part of the blame, but the store is the one liable, I believe.
kh61582 kh61582 8 years
Whoa! As I clicked vote i said to myself "I will be so mad if anyone voted Yay" I was shocked to see that most of you agree! it was Black Friday! Every store in this country had huge sales and huge crowds and as far as I know this was the only case of a death being caused by the SHOPPERS! So what would a guilty verdict say? All sales are evil and we should never have them because it might cause large crowds to run over people? This is ridiculous! I feel for the family and it's a horrible and pointless way to die but it is the fault of the footprints on his body, not the fault of those who owned the building it happened in.
Roarman Roarman 8 years
I know one year someone got shot in the parking lot on black friday. Not sure about trampling though.
bluesarahlou bluesarahlou 8 years
TS it's not the first time, is it? Somewhere in my foggy, non-caffeinated brain I remember this happening before...
Jessiebanana Jessiebanana 8 years
"Let's not forget that that crowd broke down the door as well. WalMart wasn't open yet. The employee didn't need "extra security" at that point because there shouldn't have been any crowds." Actually if you watched all the news clips when you clicked the link it says that they were open, Wal*Mart allowed some customers inside, but closed the doors off to the rest. I assume to control how many people were inside. It didn't say how many people we inside though.
True-Song True-Song 8 years
I might be more skeptical of the suit if this was the first time someone were trampled at Wal Mart on Black Friday.
Maybe this has already been addressed, but based on worker's comp, what exactly is Wal-Mart already liable for? When you are injured at work, your employer is to cover the medical bills. What about if you are killed on the job? I would hope they would be responsible for covering the funeral costs. Based on this particular incident, the EMTs were unable to do anything to save the man's life, so Wal-Mart did not incur very much, in regards to medical bills, over the ambulance charge, if any. Also, to those of you who have no heart. It was not necessarilly (sp? that word sucks) his decision to work that morning, so don't blame the poor guy for his own death. We all know Wal-Mart treats its employees as close to sweat shop workers as they can get away with in this country. Which would include threatening you with your job if you'd rather have a day like "Black Friday" off. I personally, do not feel bad for Wal-Mart, and never will. This is the same company who tried to force a paralyzed, hospitalized for life, woman to give back all insurance money awarded to her after the person at fault for her accident was forced to pay restitution. I know it has nothing to do with the current situation, but it just how heartless and unconcerned Wal-Mart is for their employees.
Shadowdamage Shadowdamage 8 years
"Again I say, WHERE THE HELL did the idea of "personal responsibility" go? Yep, I still feel this is a shared responsibility - to hold Walmart accountable to SOME extent is fair enough, but alone simply isn't addressing the entire issue. Unfortunately as Jude mentioned above, how on EARTH will/would they be able to single out and identify the people who were responsible for knocking down/killing this person...? It might be difficult but hopefully they had a camera on the doors at least. Even so...fully ID'ing them and finding them may not be so simple (especially if they paid cash.) I can't get how you actually RUN OVER SOMEONE without noticing. Do you just "not look down" while you stumble across someone's prone form? And worse yet..continue on? HOW can anyone do that, over getting into a store? Me, I'm at a loss, still utterly shocked and sickened by this.
careyjr3 careyjr3 8 years
And as for people "surging" the doors or there being a frenzy, why? Were these people raised in a barn? Did no one teach them patience as a child? Is their whole world going to come crashing down around them if they don't save $15 bucks on a Wii game? I mean, where is the human decency/curtesey anymore?
careyjr3 careyjr3 8 years
I think this is ridiculous! It just goes to show the "me, me, me" mentality that our country has now days. How can people actually walk over a human being just to save a couple of bucks????? I wish they could find the shoppers and sue them instead of Walmart. Those people who ran over that man are MURDERERS and should be held accountable, since all they cared about was themselves.
beavis667 beavis667 8 years
I understood what you meant Jude. I think personal responsibility is the same for the coffee recipient as well as the morons stepping on a person to try and get a sale item. Every year you hear stories of people punching each other for the last doorbuster item, or stealing stuff out of each others cart. To me, this story is the culmination of that stupidity. I think Walmart should provide security video to the cops and everyone who trampled the guy should get charged with manslaughter. That would do more to curb Black Friday stupidity than a lawsuit against Walmart. That is simply someone cashing in at the expense of an easy target.
kaylasix kaylasix 8 years
I think so... but I find it very hard to believe that the courts would find that kind of relationship proximate cause
Jude-C Jude-C 8 years
It would be nice if it was a picture of me, but alas, no.
Mykie7 Mykie7 8 years
congrats girl! I don't even know who that is Jude. I thought it was a picture of you for the longest time. Now you've burst my bubble. LOL
girlgreen girlgreen 8 years
Mykie, when the company is Wal-Mart, I think it's fair. Also, I just noticed I'm platinum! :)
Jude-C Jude-C 8 years
I think Wal-Mart's dominance makes them a very easy target for being made an example out of, especially when they provide the example of extremely horrible judgment in cases like this.
Jude-C Jude-C 8 years
Yeah, it's the same actress. I always get confused when people change their avvies to something completely different from what I'm used to them having, so I tend to stick to Aishwarya.
Mykie7 Mykie7 8 years
That's a good point too girl, but is it really fair to make an example of one company?
Mykie7 Mykie7 8 years
IT's similar to your old one though right? I'm glad you said you changed it though, i thought I was losin' it!
Jude-C Jude-C 8 years
Yeah, I changed it today, Mykie.
girlgreen girlgreen 8 years
If Wal-mart ends up paying out big time, and it causes companies -whether out of fear, obligation, or genuine concern - to scale back the Black Friday madness, I would be happy. :)
Mykie7 Mykie7 8 years
Yes it does and it makes me sick. Jude, did you change your avi? It's not the same on you've always had is it? It looks different today. OR maybe it's me, things are looking weird to me all over the place. LMAO
Jude-C Jude-C 8 years
It really does seem like this happens every damn year.
Mykie7 Mykie7 8 years
I see and agree with a lot of your points Jude, which is one of the reasons I said way back at the beginning of this post that I'm torn about whether or not they should pay high damages. I would have a helluva time if I were on that jury, making a good decision.
Jude-C Jude-C 8 years
Sorry if I misunderstood you, Mykie; that's just how your comment came across to me. I do have to disagree that this is like other things worker's comp covers, though--being trampled to death after being assigned to a security post for which the man had no qualifications is pretty beyond the pale, and I think Wal-Mart should be penalized for that terrible lapse in judgment. "That would be like saying if two people get into a fight in the middle of Wal-mart, and while security is rushing to the scene one guy falls, hits his head and dies, that it is wal-marts fault he died." No, it's not the same at all. In the example you describe, the fight happens in Wal-Mart for no reason that has to do with Wal-Mart; Wal-Mart could neither have anticipated nor prevented it, and Wal-Mart's marketing didn't cause the conditions that led to the death. Totally different. "I can look back over probably the last 10 Black Fridays and find you a story about this kind of stampede occurring and someone being injured. I'd even go so far as to say that most of those happened at Wal-Mart." I was thinking the same thing.
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