Black Friday Walmart Lawsuit

Reuters reports that the family of a man killed in a stampede of frenzied Christmas shoppers on Black Friday filed a wrongful death lawsuit against Wal-Mart in New York.

This is a very public case. It is going to be hard to find a juror that has not heard about it. Many will also already know when they go to sit in the jury box that a wrongful death lawsuit was filed within three business days of the accident. What does that tell the jury? The jury’s determination of negligence may hinge on analysis of facts and systems and procedures at Wal-Mart that could not have been discovered when the lawsuit was filed? Do the personal injury lawyers who are trying the case lose credibility with the jury when they know the lawyer filed a lawsuit without knowing all of the facts that are the foundation for their case? Could the lawyers have settled the case for more than fair value without filing suit because Wal-Mart did not want the publicity of a lawsuit?

I don’t know the answers to these questions. What I do know is that the only harm in waiting to investigate the full facts of the case before filing a lawsuit is that the lawyers are delayed in making their big splash filing their high profile lawsuit. I’m not suggesting that is why a lawsuit was filed so quickly here because it could have been done for a number of reasons, including the insistence of the family. But these “5 minute after” lawsuits don’t help the clients and also don’t help the general public perception of personal injury lawyers or their clients.

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  • Rob Schneider

    I’ll agree Ron. Also, the disruptive behavior of the crowd might make it hard to identify the person responsible for the man’s death. However, the law suit names Wal-Mart as responsible for the negligent behavior of the crwod. No business or individual would want this to happen — but with the suit chasing Wal-Mart, obviously the intent it to target the deep pockets and blame Wal-Mart for the patrons inability to exercise patience.

    Society is to blame before Wal-mart. But with no way to file a lawsuit on society, it makes sense the “deep pockets” are attacked first for maximum gain.

  • Kathy

    Here’s the thing. Wal-mart does not, I repeat, does not train employee’s correctly.The employee’s do lack safety training even though Wal-mart has their employees go through self training with a computer training labs. Employee’s are to train in this manner. If they fail, they just simply takes notes and plug in the correct answer. I believe that is not the correct way to train all employee’s. I believe that Wal-mart is at fault because a Salary Manager should have been at the door. Not a new associate.

  • Anonymous

    they need police security doing black friday

  • Trains

    this case was actually featured in Lie to Me series. but i never thought it was from Walmart. scary thing though good thing I wasn’t aware about the black friday craze at that time.

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