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You're brother was trampled by random people...so you sue....AHH everyone?

http://www.foxnews.com/story/0,2933,460924,00.html

Throw the lawsuit out and Wal-Mart can counter sue the family.

Quote:

Originally Posted by Wagner

You're brother was trampled by random people...so you sue....AHH everyone?

http://www.foxnews.com/story/0,2933,460924,00.html

Throw the lawsuit out and Wal-Mart can counter sue the family.

File a countersuit against the family for what? Why throw out the lawsuit?

Of course you sue everybody who you feel is potentially liable! During the discovery phase you determine who should remain in the suit and who should be dismissed. If you do not sue the proper entities and that entity is later to be found liable, then you would be looking at an "empty chair." Then you are stuck like Chuck and would be filing a malpractice suit against the attorney... and rightfully so.

Quote:

Damour, a 6-foot-5, 270-pound temporary worker, was asphyxiated at the Wal-Mart in Valley Stream, N.Y., Friday morning while trying to shield a pregnant shopper from the throngs of bargain hunters pushing their way in.

Sue the family? This guy saved a catastrophy from becoming a nightmare. (if there is any difference in the two).

That dude was huge and still got trampled. Kind of makes me sick that someone had to die so all these freaking nuts can go out and save a few dollars on some cheap sh!t that Wal-Mart is selling. You know what...I hope they do sue Wal-Mart and everyone they feel is responsible. Maybe now they will be forced to change the way they go about dealing with all the frenzy behind these huge sales. Hasn't this happend before? Why can't it be changed from just opening the door and letting a bunch of crazy rednecks trying to save a dollar on a Taz shirt or Carrie Underwood CD bust through?

Shame on all of the people who line up and push through the doors like that. Freaks.

Quote:

Originally Posted by Krimson X

How exactly is ANY of that Wal-Marts fault? If Wal-Mart didn't have deep pockets, there would be NO lawsuit. When did people being @ssholes equate to you being able to sue a business for it. Sorry but only a lawyer would view this as a possibility.

Quote:

Originally Posted by FSETH

That dude was huge and still got trampled. Kind of makes me sick that someone had to die so all these freaking nuts can go out and save a few dollars on some cheap sh!t that Wal-Mart is selling. You know what...I hope they do sue Wal-Mart and everyone they feel is responsible. Maybe now they will be forced to change the way they go about dealing with all the frenzy behind these huge sales. Hasn't this happend before? Why can't it be changed from just opening the door and letting a bunch of crazy rednecks trying to save a dollar on a Taz shirt or Carrie Underwood CD bust through?

Shame on all of the people who line up and push through the doors like that. Freaks.

BINGO.

Before anyone attacks me, I was just being sarcastic about the Rednecks, Taz shirts and Carrie Underwood CD's. I find myself in Wal-mart a couple times a year for something or another.

It really is the fault of the shoppers bursting through the doors, but Wal-mart and other stores that open their doors to a mob of salavating shoppers have to know that this could happen. This is not the first time that someone was trampled at the grand opening of an after Thanksgiving day sale. They should do something to ensure their employees and shoppers safety. Shame on the people for doing this and shame on Wal-mart for creating an environment for this to happen. That poor employee was trying to save a pregnant woman and ended up losing his life because of it. I would be pretty pissed as well if I were part of his family.

Other businesses and corporation have been sued for less...why should this case be any different... They are damn right to sue Walmart for not anticipating a bunch of idiots bursting in through the doors like that...People pushing people in...who are you gonna blame? the last guy in line pushing everyone??:dunno:

Quote:

Originally Posted by Wagner

How exactly is ANY of that Wal-Marts fault? If Wal-Mart didn't have deep pockets, there would be NO lawsuit.

Quote:

Originally Posted by Wagner

When did people being @ssholes equate to you being able to sue a business for it.

People being @ssholes on black friday was reasonably forseeable, and Walmart should have been prepared.

So, if one of your employees hits me over the head or causes me to become injured during the course and scope of his employment, I cannot come after your business for compensation for my injuries?

Quote:

Originally Posted by Wagner

Sorry but only a lawyer would view this as a possibility.

...and a competent one at that.;)

Quote:

Originally Posted by Krimson X

There is a such thing as premise liability. They have a duty to provide a safe work/shopping environment that extends to all of its workers and patrons. They had a duty to control the crowds and Walmart's failure to do so resulted in its potential negligence and exposure to liability.

Its called Duty/risk analysis. The question is whether Walmart had a duty to protect this worker from this type of injury/death resulting from this type of event? A reasonable person, after learning the facts, would probably say yes. In this case, I think that the family has a strong case against Walmart and others involved. I just wonder if the claims against Walmart would be limited in Workers Compensation since he was in the course and scope of his employment when he was injured.

That's right, Wal-Mart had the corporate meeting where they were fully aware that this guy was going to get bull rushed and killed by patrons on Friday morning, and did nothing. They were also fully aware that all bystanders would do nothing to help the individual, yeppers :rofl:

What is the Risk/utility? What could Walmart have done to protect this person from this type of injury or death? Hire a few off-duty cops to control the crowd? How much would that have cost Walmart? 2-3 grand for a day's work?

Whas this event forseeable? Walmart knew or should have known that black friday crowds are large and highly aggressive and that damages or injuries could result from the activity.

Oh yeah..Wal-Mart is suppose to anticipate individual attitudes...damn Wal-Mart for dropping the ball
Look up your own state's tort law and see what it has to say on the issue.

People being @ssholes on black friday was reasonably forseeable, and Walmart should have been prepared.

So, if one of your employees hits me over the head or causes me to become injured during the course and scope of his employment, I cannot come after your business for compensation for my injuries?

No..go after the employee that did it. Unless I told them to do it to you as part of their job, they are the ones that did it. Just more of the "I'm not accountable for my actions" crap.

...and a competent one at that.;)

Rational like this is how McDonalds gets sued for coffee being hot.

Quote:

Originally Posted by Dannyell

Yes of course, the business should be accountable for its patrons :rofl:

So if you get drunk at a bar, sleep with a ho you met there and get a disease..sue the bar..it is their fault. They should of anticipated that you'd get drunk and nail that ho :rofl: