Wednesday, December 17, 2008

Wal-Mart Death

A Wal-Mart employee, Jdimytai Damour, died on November 28th, Black Friday in Long Island, NY. With about 2,000 costumers waiting anxiously in line, Damour unlocked the doors and was trampled by all the costumers. This is shocking to see. On a day that is suppose to bring happiness to a family ends up brining nothing but sadness and mourn. The Father, confused and trying to make sense of his sons death, expresses his feelings. I can't imagine having a child and loosing him/her on the day where families get together and enjoy the holidays. It shows how humans can be so cruel and will do anything to get what they want. I am still in shock; I don't understand how one can not notice a person underneath them. Other workers tried helping Damour, but they too were pushed around and trampled over. Bruce Both, president of the United Food and Commercial Wokers Union Local 1500 * said that, "This incident was avoidable." He questioned what safety precautions Wal-Mart took for a large crowd. He blames Wal-Mart for Damour death because they should of been prepared for a large group and should of had safety barriers around the store. I agree with Both; Wal-Mart spends a lot of money to advertise their big sales, and what gets a person's attention better than a 50% off sale? Wal-Mart should of known a big crowd was headed their way, and they should of taken serious precautions to avoid injuries or death in this case. Like Director of Special Projects for Local 1500 Patrick Purcell said, "If the safety of their customers and workers was a top priority, then this never would have happened." Wal-Mart should take responsibility for their actions and do something to prevent it. One thing, I think, Wal-Mart should do is install automatic doors, so that this situation would never occur again. UFCW Local 1500 demanded that a full investigation from Federal Safety Agency and Nassau County Prosecutor to ensure justice and safety to the family members and other employees. UFCW have been hard critics toward Wal-Mart because they believe it is one of the largest retailer that offer low wage and poor health care for its workers. They don't believe what Wal-Mart does it right. To further help their side, they also show other problems and police incidents Wal-Mart has in the past. On top of this death, UFCW state the Wal-Mart stock their products made in Chinese factories and causes American factories to shut down. "Wal-Mart gets ahead, middle class gets left behind," there are two videos that better explain why Wal-Marts extraordinary prices actually hurt American workers.
To conclude, i believe that this was a form of negligence, also known as a civil wrong. It's a tort that results in one person carelessly injuring another.
  • Duty of care
  • Breach of Duty
  • Proximate cause
Wal-Mart was not careful enough than a reasonable person or store should be. Safety of the costumer and workers should be first.



* UFCW Local 1500 is a labor union (group of people/workers that join together to reach a common goal in areas such as wages, hours, and working conditions). More general information can be found here.

4 comments:

Jamie said...

I think that it is ridiculous that Wal-Mart had to deal with situation. How can they not have automatic doors? Common people this is the 20th century, get with the program! Wal-Mart should totally reimburse the family for their terrible loss. These workers get paid below minimum wage and have no benefits. The employer should feel guilty that this happened and want to change their business so things like this won't happen again. If this situation was ever to occur again, Wal-Mart would be completely liable. I think they are all a bunch of idiots. The people should have stopped to help the man up instead of only caring about the sale.

Adam said...

I believe that Walmart should have taken better safety precautions when they knew that over 1,000 shoppers will come to their store. The fact that most shoppers did not care or see the person they were trampeling surprises me. They believed that the sales offered at the store were more important than a person that was dying below their feet.

Jeff B said...

I totally agree with you on this issue because Wal-Mart really should be liable for this death. The employee was killed by someone who obviously didn't care about anything or anyone except for the sales. The doors should have been automatic and if not then Wal-Mart should not have let the employee stand right in front of the door. The doors should have been switched on electronically by someone else who isn't standing right in front of it. Wal-Mart really has no idea how ignorant they are for letting this happen. Wal-Mart already is doing things that should put them in trouble and another issue arises again. Even if the store didn't have automatic doors then the employee should have told the people outside to let him around the traffic. Even so, people may have still trampled him. But the bottom line is that Wal-Mart should be punished for telling their employee to go there. The family now suffers from an incident that could've easily been revised.

D said...

I agree that Wal-Mart must be liable for this accident. I have heard about similar situations, but this case is really unbelievable. How wild should this people be to let one person die under their feet? That is why some part of liability should take those people. But it is very interesting who will carry the punishment?