I Hope Wal-Mart Takes A Hit For This Whether They're Guilty Or Not

[lame54]

Fuck 'em

[w4rma]

1. They're guilty. I hope justice will prevail. (nt)

[BrklynLiberal]

2. I agree. The company carries so much responsibility for the loss of

American made products, they deserve some payback.

[ColbertWatcher]

7. Not to mention small companies.

And unions and workplace safety and wages and ...

[BrklynLiberal]

11. yes. It is a VERY long list..

[TomInTib]

3. The "Blitz Line forms here" is what did it for me.

They knew just who was going to show up for that deal (this is not a racist comment, just realism from a professional Marketer).

That sign was tantamount to inciting a riot.

Fuck WalMart and everyone who helps support them.

[no_hypocrisy]

4. Civil liability.

Walmart will have to share some of the liability (responsibility) with "the mob", even if the latter cannot be identified as defendants for trial.

First, Walmart had a duty of care of general safety to anyone who came unto its property upon its invitation, whether as an employee or a customer.

Second, the factfinder (judge or jury) need to determine how much preemptive protection Walmart needed to take considering Black Friday is not an ordinary day of shopping, and later, how much responsibility to protect anyone during a dangerous condition created in the store.

Third, Walmart is still liable if it anticipated potential problems but didn't invest enough protection for a heightened risk of danger, e.g., didn't hire enough security guards to manage the crowd, pass out tickets on line, allow a certain number of shoppers into the store at a time, etc.

No, Walmart won't go to jail for this tragedy, but I promise that there will be a lawsuit and they'll settle in order to keep its gross mistakes out of public record.

[tularetom]

5. Whaddya mean "whether they're guilty or not"?

They advertised a "door buster" and a crowd of people busted down their door. And killed a guy in the process.

They're guilty.

[lame54]

6. I know...

they are fucking guilty but there are a lot of threads defending wal-mart.

and I say who cares - even if you think they are not liable here - they get away with so much why on earth would anyone give an ounce of effort to defending them

[depakid]

9. Guility of what?

and/or liable for what?

[lazer47]

10. Depraved indifference...Criminal negligence,, Implied Criminal Risk

anything else??

[depakid]

12. As far as I can tell, those aren't crimes or torts

though I don't know what NY Statutes or case laws might apply.

Possibly, there's a wrongful death action, based on some gross negligence or recklessness theory that removes the case from workers comp.

There may well be health and safety violations- that lead to some criminal action.

Hopefully, there'll be a thorough investigation and legal accountability as warranted based on the facts of the case.

[stillcool]

8. I predict a jury will award...

a sum of money to the victims family. Walmart will appeal, and the amount will be reduced to a pittance, and that will be that.

[TexasObserver]

13. Walmart will pay seven figures to settle it, probably before trial.

[aikoaiko]

14. Never goes to jury -- nice settlement, absolute confidentiality, Wal-mart addresses crowds better