Victim's kin sue in Wal-Mart stampede death

[Dan_77]

Victim's kin sue in Wal-Mart stampede death - Crime & courts- msnbc.com

The family of a worker trampled to death in a "Black Friday" crush of bargain hunters at a Long Island Wal-Mart store filed a wrongful-death lawsuit on Wednesday, claiming store ads offering deep discounts "created an atmosphere of competition and anxiety" that led to "crowd craze."

The lawsuit claims that besides failing to provide adequate security for a pre-dawn crowd estimated at 2,000, 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."

Wal-Mart, the adjacent Green Acres Mall, a realty company that manages the property and a security company hired to patrol the property were all named as defendants. None immediately responded to phone and e-mail inquiries seeking comment.

This is certainly a tragic situation caused by, well, "herd stupidity" or whatever you want to call it.

However, the lawsuit will get tossed. You can't sue your employer for injuries/death received at work.

[Jack]

But it's not an employee bringing suit. Doesn't creating a condition which resulted in a death incur liability?

[Dan_77]

But it's not an employee bringing suit. Doesn't creating a condition which resulted in a death incur liability?

Except in cases of intentional tort, Workers' Comp is the only remedy for injuries or death that happen at work. The relatives can file a Workers' Comp claim but not a Supreme Court lawsuit.

[tinybear]

Victim's kin sue in Wal-Mart stampede death - Crime & courts- msnbc.com


This is certainly a tragic situation caused by, well, "herd stupidity" or whatever you want to call it.

However, the lawsuit will get tossed. You can't sue your employer for injuries/death received at work.

Of course you can sue your employer for injuries/death received at work, but it must be as a result of something the employer can reasonably be expected to foresee under the circumstances. The question in this case is therefore: "Can we reasonably expect the employer to foresee this stampede and the danger which it poses to this employee?"

[key wish]

But it's not an employee bringing suit. Doesn't creating a condition which resulted in a death incur liability?

How did walmart create an un safe condition. They opened their doors for business.

What would have happened in the parking lot if the manager on duty sent all the customers home without their sale goodies.

The only people in the wrong here was the herd of fools who killed the guy. A couple of hundred people directly drove over the victim because they cared more about the tv sale than some guy they were crushing beneath their feet.

Wal mart did nothing wrong. I hope the suit gets tossed.

[Osborn F Enready]

Wal Mart did do something wrong.

This has happened before, and this result is not unexpected in events like this, and most imporantly, this could have easily been prevented through simple, cheap methods not putting any employees life at risk.
Wal Mart knows, and knew prior that there is risk involved with events such as this.

[Dan_77]

Of course you can sue your employer for injuries/death received at work,

No, you really can't.

Section 10 of the WCL establishes that employers have to have Workers' Comp insurance and must cover the medicals and out-of-work expenses of employees who are injured or die while in the course of their employment.

Then, Section 11 says this:

NY Workers' Compensation Law, s.11

The liability of an employer prescribed by the last preceding section shall be exclusive and in place of any other liability whatsoever, to such employee, his or her personal representatives, spouse, parents, dependents, distributees, or any person otherwise entitled to recover damages, contribution or indemnity, at common law or otherwise, on account of such injury or death or liability arising therefrom,

(emphasis added)

If you're injured or die on the job, your exclusive remedy is to file a claim for Workers' Compensation, not a lawsuit.

[Arawn-ap-Hywel]

So the US is not a risk biased society?

Does this mean employers who cannot be bothered to consider a risk are immune from action by the authorities?

Though presumably their are no country or state enforcers of safety?

In the EU most work related accidents that are caused by the employer are the only cases brought to the court where the defenedants are guilty and asked to porve their innocence

[HelioPrime]

How is Wal-Mart responsible?

Opening the doors to a store is a task repeated every day in every store. It's not like they knew there was a major risk on Black Friday and should have installed special robotic door openers.

If anyone is to be sued it should be the shoppers. Of course they don't have as much money as Wal-Mart. So this isn't about just compensation, it's just a grab at money.

[Calam]

I was under the impression that the "herd" forced their way into the store.

I don't hold Wal-Mart responsible. I hold every person who stomped on those employee's heads without trying to stop.

In a mob, people are often carried along against their will, so it doesn't mean every single person who ran into the store is responsible for the deaths of the employees. However, a lot of them are. The problem then becomes how you pick out who is responsible and sue each and every one of them.

Sadly, it's a tragedy with no real recourse.

[Aussie]

So it's WalMarts responsibility to ensure a pack of morons actually has the common decency not to trample someone to death in order to save 50% of Sheridan towels? What a load of bollocks.

[Diogenes]

This is exactly the same as concerts where the organizers have not only been sued successfully but also faced criminal charges...that's why some Countries and some US States have banned those types of concerts.

Probably the most infamous of this is:

The Who Concert Tragedy - Twenty Years Later