Tort Law
Suit Claims Wal-Mart Sale Ads Led to Trampling of Worker
Posted Dec 4, 2008 6:25 AM CST
By Debra Cassens Weiss
A lawsuit filed by the family of a Wal-Mart worker trampled to death by after-Thanksgiving shoppers contends advertising touting deep discounts led to “crowd craze.”
The suit claims the retailer was negligent when it engaged in marketing to attract a large crowd, creating "an environment of frenzy and mayhem,'' the Associated Press reports.
The suit filed in New York state court in the Bronx also names the realty company that manages the Long Island property and the company hired to provide security. The worker, Jdimytai Damour, died from asphyxiation after a crowd broke down the doors and crushed him.
The lawyer representing Damour’s family is Jordan Hecht of Hecht, Kleeger, Pintel and Damashek of New York City, FOX News reports. Hecht told the network that Wal-Mart should have been prepared for the crowds when it offered sale items such as a Samsung 50-inch Plasma HDTV for $798.
"There’s hundreds of other retailers that have done these types of promotions," Hecht told Fox. "Remember when the iPhone first came out? How many hundreds of people were in line there? You got a card, stood in line, single file, no problem. There are many different things available to Wal-Mart, none of which were used."
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Comments
B. McLeod
Dec 4, 2008 7:27 AM CST
I can’t even pretend to understand what this crowd of people did, but I don’t see how it can be blamed on the retailer’s sale ads. The premise that completely ordinary commercial speech makes the speaker legally responsible for misbehavior by its customers is inconsistent with basic principles of our society. Would plaintiff’s counsel extend the theory to every traffic accident caused by drivers on their way to an advertised event? This appers to be an example of a nutball theory hatched simply to reach a defendant with more money than the individuals in the crowd who actually committed the tortious conduct. As such, it is also the kind of thing that impacts adversely on the public’s perception of lawyers and what lawyers do.
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stop giving money to wall street crooks
Dec 4, 2008 8:04 AM CST
“The 6-foot-5, 270-pound man died of asphyxiation after being crushed early Friday morning by the crowd,”
It is a tragedy this happened and I feel bad for the family but at 6’2, 275, I think if I was on the jury I would be voting to acquit Walmart.
What should Walmart do next year hire a 7"2 375lb person?
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Tara
Dec 4, 2008 12:26 PM CST
The point is, when a company decides to advertise to draw in a much larger crowd than it normally has, especially on a known -overly crowded and zealous shopping day, it is the company’s responsibility to ensure crowd control and to take the necessary steps and precautions to protect the safety of everyone involved. Its the same with property owner liability for injuries on their property. If you were negligent and that resulted in the injury of another, it was YOUR responsibility to ensure the safety of your premises which results in the safety of others.
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Unions suck
Dec 4, 2008 12:44 PM CST
So if I come to DC for the swearing in of the Messiah and get mugged by the crowd of visitors, I can sue Obama because he didn’t ensure crowd control for his party.
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Tara
Dec 4, 2008 12:56 PM CST
Unions, I can assure you that the crowd will be more than controlled for the inauguration. Typically, when an elected official is making public appearances, his/her safety is the utmost concern, which results in tighter constraints for the gatherers-resulting in more safety for all. WEAK. Try again.
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B. McLeod
Dec 4, 2008 1:29 PM CST
Perhaps the volitional behavior of business invitees would be considered a “premises” condition or defect under NY law, as Tara suggests. I do not know. But even if that were so, where the premises at issue are those of the decedent’s employer, and the injury occurred in the course of his employment, why would it not covered by the state’s workers’ comp. system?
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