Victim's kin sue in Wal-Mart stampede death

[Gods_Mercenary]

Wal-Mart will probably settle, the family will get their chunk of change, and the, for all intents and purposes, murderers who stomped the guys head in will get no punishment.

[Dan_77]

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

See, in the United States, you cannot bring a claim against your employer. You file a claim in your state's Workers' Compensation Board, and if you can provide prima facie evidence you suffered an injury (or death, for next of kin) at work, you get your medical bills covered, and then there are statutory compensation amounts you can get for being out of work/dying.

Wal-Mart will probably settle, the family will get their chunk of change, and the, for all intents and purposes, murderers who stomped the guys head in will get no punishment.

They won't settle, because the lawsuit will be dismissed quite easily.

[Gods_Mercenary]

Don't be so sure.

[Dan_77]

Don't be so sure.

If they settle for anything more than, say, $5000, their lawyers have committed malpractice.

You. Cannot. Sue. Your. Employer.

The lawsuit is no good. One court appearance and a 3 page memo to the judge and it would be thrown out.

[key wish]

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.

I don't think the employee was put at risk by the store. I don't remember anyone being stampeded to death in a store before.

I do remember some kids killed at a rock concert with no assigned seating but I feel that is a different situation.

People don't get killed shopping often. I know just because I have not heard of it doesn't mean it has not happened but I am pretty sure it is a rare event.

It was the people. A store has the right to expect its shoppers to act with a certain amount of civility and most certainly has the right to expect no shopper would put a tv sale before a mans life.

[prejudged_Fire]

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.

You've failed to mention any steps Wal-Mart could've taken to avoid the situation. Care to elaborate on what these "simple, cheap methods" might entail?

[key wish]

You've failed to mention any steps Wal-Mart could've taken to avoid the situation. Care to elaborate on what these "simple, cheap methods" might entail?

Maybe a large cattle prod for the greeter. But that would have gotten the store sued for sure.

[prejudged_Fire]

LOL


Oh, and Osborn F Enready.... I've been here several years and the meaning of your screen name just now hit me.


Anyway, back on topic..

[tinybear]

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.

Wow, I didn't know NY had such a law. I suppose this law limits the amount of compensation awarded even if the employee succeeds, right?

[Zeebadee]

Typical of American "justice". The poor sap hasn't even been buried yet and the relatives are going for the cash.

Just another example that America has a legal system, not a justice system.

[tinybear]

This is true of almost all jurisdictions. A legal system is not necessarily a justice system and, very often, the Department of Justice is a misnomer.

[Maximumbeing]

I wonder if the family has considered suing the inconsiderate shoppers who trampled their kin to death.