Family of Wal-Mart Employee Sues over Black Friday Death

Sorted under business on December 4, 2008

Walmart The shopping conditions of “Black Friday” can most definitely be described as nothing less than chaotic and this past Black Friday can be described just the same; however, there was an altercation on that morning that does differ from previous years and that is the fact that a 34 year old seasonal Wal-Mart worker in New York was trampled to death by a stampede of discount-seeking shoppers.

Most recently, the family of the Wal-Mart worker, Jdimytai Damour, has filed a wrongful death lawsuit against Wal-Mart, claiming that Wal-Mart “created an atmosphere of competition and anxiety” that led to “crowd craze.” In the lawsuit the family argues 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.”

Do you think that the family has the right to sue Wal-Mart over their loved one’s death? The family certainly feels that they have the right and frankly, I do as well. As a person who had their first Black Friday shopping experience this year, I personally visited a mall as well as two additional stores that morning and not one store I shopped at had appropriate security or law enforcement on the scene. When it comes to retailers and Black Friday, every single one of them are indeed using marketing and advertising techniques to attract a great deal of people and in doing so, they are fairly certain to have a line outside of their store for at least a half hour before opening their doors to the crowd they have attracted with whatever discounts or sales they have. These stores have no idea how many or what types of people will be lined up outside their doors and in any social situation where a large group of people are present, there is always a risk of either a fight breaking out or in tragic cases such as this, someone can lose their life over something as small as saving money. Think of it this way–Any concert I have ever attended in my life has had either security guards, law enforcement or both present, so why not take the initiative to do the same on Black Friday?

Since this man was the first person to ever die during the post-Thanksgiving bargain-hunting ritual, I would expect that all stores, no matter how big or small, to ensure safety and have security on hand for following Black Friday openings.



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  • it should always be safety of everyone that should be the utmost priority. this is disgusting.
  • While trampling is common in many under-developed countries, to see it happen in USA is very sad.
  • I used to work at target back in high school and I can DEFINITELY see how this could happen. I will never shop on black Friday because of it, I used to see old ladies pulling each other's hair to get that "Ultimate Bargain" It is definitely not worth the early morning, the insane crowds, and just the overall hassle, even if it was totally safe (Which as this article shows -- its not always.) I do agree with the first commenter that this country is definitely too sue happy, everyone just wants free easy money, however in this case I believe they should be able to sue, although not for a ridiculous amount like they are most likely trying for.
  • This country is simply too sue happy. Judges need to be throwing this stuff out unless there's true, willfull negligence involved.

    Look the people outside behaved like animals in a pack mentality. It happens whenever there is a sale and particularly on black friday. This time it got out of hand and those who partook in the madness should be prosecuted but to blame the business owner for what the client does is ridiculous. Owning a business in the US is scary.... you have to fight your competition, you have to fight your unions, you have to fight your clients and lastly.. you have to defend yourself against frivolous lawsuits on a yearly basis.
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