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Holiday Sale Trampling: Wrongful Death Lawsuit Against Wal-Mart

Posted on March 25, 2012 by Fast Lawsuit Team

The day after Thanksgiving (Black Saturday) is a much awaited time because of the crazy discounts. People line up hours before a store opening, excited to get the first dibs on the fabulous finds. Indeed, Black Saturday sales are about frenzied shopping. And sometimes this can go out of hand.

In 2008, a crowd of shoppers waiting outside Wal-Mart’s Long Island store got out of control and stampeded into the shop. Unfortunately, Jdimytai Damour, a guard who was tasked to provide security for the sale, died of asphyxiation. He was assigned to man the doors when around 2,000 shoppers rushed to the store and broke through the doors, trampling him in the process. Four other people were also injured. This is the first fatal trampling incident involving Wal-Mart. Surprisingly, the retail giant was fined only $7,000 for the incident.

The Wrongful Death Lawsuit

Damour’s family has filed a wrongful death lawsuit against Wal-Mart, as well as the shopping center it was situated in. The lawsuit claims that Wal-Mart was liable due to the following reasons:

-          The Black Friday sale was heavily advertised. This promoted heavy discounts on limited inventory (such as digital cameras and flat screen TVs) which resulted in frenzy and mayhem on the part of the shoppers.

-          There were not enough measures with regards to security to protect against overcrowding and stampeding in view of the size of the event and the expected crowd. There were no barricades to prevent shoppers from rushing towards the store. There was also no numbered ticketing system to make it more organized.

-          There was a failure to put into action a crowd-management plan.

-          Damour, who was a temporary worker, was not given training for this particular assignment, but was assigned to the front door because of his size (6’5” in height and 270 pounds).

The lawsuit alleges that because of Wal-Mart’s negligence, it resulted in dangerous working conditions for its employees. The challenge is to be able to show Wal-Mart’s liability in this case. With big businesses having a lot of resources and can afford to hire a team of lawyers to protect their interests. A lawsuit such as this may drag on for a long time. Meanwhile, a family may get more and more hard put to make ends meet.

The families of the victims can sue for:

-          Loss of future income

-          Loss of inheritance

-          Loss of consortium

-          Medical bills

-          Funeral and burial costs

-          Loss of benefits, including medical coverage, pension or retirement benefits

Families of victims have the right towards compensation for the loss of their loved one. However, it is also good to be able to negotiate and fight for fair and just compensation from a position of strength. This is where lawsuit funding can come in. Lawsuit settlement funding can provide funds to help hire experts, get depositions for the testimony of witnesses and cover court-related costs. It can also help provide for the family’s needs. can give families of wrongful death victims a lawsuit cash advance so that they don’t have to settle for a lesser compensation amount. offers non-recourse funding. This means that the family does not have to pay the money back when the lawsuit does not settled. also provides a quick and easy applications process so that families don’t have to wait long for them to get the funds they need.


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