Walmart Black Friday Death
The death of a Wal-Mart employee this past 'Black Friday' could have been prevented. His death is not only on those who trampled him, but also on Wal-Mart itself. The facts are relatively undisputed.
Crowds gathered throughout the early morning hours to be among the first to purchase various advertised sale items including flat screen TVs and DVDs. There were no surprises here. Throngs of shoppers are not unexpected. In fact, they are the goal of retail merchandisers on the busiest shopping day of the year.
There are reports that the doors did not open at 5a.m. as advertised. Some say a Wal-Mart employee announced they would open earlier and then said he was joking which angered the crowd. In any event, people in the rear rushed, pushing the people in the front into the sliding doors, which were literally knocked off their hinges.
Talk of criminalizing those who trampled the victim (a part-time temporary employee) is just that. There is no way a prosecutor can prove beyond a reasonable doubt that it was the intent of those in line to trample, let alone kill, a Wal-Mart employee. There is no way a prosecutor can prove beyond a reasonable doubt that it was the fault of those in the front of the line who actually trampled him, as opposed to those in the rear who caused the rush. Make no mistake, it would not be that difficult to establish who was in the front of the line. Surveillance videos, witness accounts and credit card purchases could establish an excellent starting point on who was in that store. However, to prove criminal intent and rebut the defense of accident from the sheer force of a crowd of 2,000 people is almost impossible.
Wal-Mart's criminal liability is a totally different matter. The Supreme Court of the United States has repeatedly approved the use of criminal sanctions in corporate situations because of an unsafe workplace, defective products or illegally dumped toxic waste. In addition, the "Corporate Manslaughter and Homicide Act of 2007" creates a federal statute clarifying criminal liability where serious failures in safety result in fatality.
There is no question that a civil lawsuit by the victim's family will be successful. The classic elements of breach of duty, causation and damage are present.
So why criminal charges against Wal-Mart? Wal-Mart created a dangerous and fatal situation for both its employees and its customers. It was quite foreseeable that there could be injury and/or death where 2,000 antsy shoppers are jockeying to get to sale items. Crowd control should have been addressed. Wal-Mart had notice -- make no mistake - 2,000 people did not congregate at 4:45 a.m. The crowd had been building for hours. They were unruly. There were no barricades nor were there any crowd control security guards. Go to any supermarket and one has to take a number to get a deli sandwich!! But even more than that, the employees inside, sensing catastrophe, formed a human chain in a feeble attempt to control the rush.
Wal-Mart's reckless disregard for human life and its extreme negligence warrant the filing of criminal homicide charges. It would be morally symbolic to assign criminal responsibility and sanctions so that Wal-mart and other companies are deterred from endangering human life by transgressing acceptable boundaries of risk.

The opinions expressed in Jeanine's Journal belong solely to Jeanine Pirro, and do not reflect the opinions or beliefs of the series' producers, AND Syndicated Productions, Inc., its parents and successors, employees, officers, agents, directors, subsidiaries, divisions, affiliates and assigns. Producers are not responsible for the accuracy of any information provided by Ms. Pirro. It is recommended that you consult with an attorney in your area.
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I was shopping at Walmart on Black Friday this past year (2008) for the first time. I went to the Walmart in Houston, Texas off of 1960. The experience was one that I will never forget and it was indeed traumatic. Customers surrounded the merchandise and blocked the aisles. There was no security that I could see. A woman screamed before 5am and then a riot broke out. I attempted to basically run for my life and secure a safe place away from the frenzy but no where was safe in that store. If my friend had not been there with me, who happens to be male, I would not have gotten anything at all. People were running around the store in total madness and one guy ran his basket full of a huge HDTV straight into my left side. I still have not recovered. I will never go to Black Friday events again and I have horrible flashbacks when entering Walmart. Needless to say, I try not to go to Walmart at all and instead go to safer stores such as Target and Kohl's.
i find crasy this phenomina...a sale... and everybody or almost everybody goes crasy...trampled even kill... i would like to hnow , a human life was lost... somewhere....and nobody... well almost nobody...cared...
i do not think that the store should be totaly responsible...i think that whoever goes shopping there for hudge discount and line up and rush and trempled,push people also carry part of of the burden....i do know that if there is a hudge sale somewhere it is my choice to go in or not...and i dont go..because i rather pay a little bit more and have peace...so people that are sick enought to step on people to get what they want...well
Walmart (and any other store expecting large crowds) can avoid situations like this by putting up ropes to form a line and/or issuing timed tickets as people arrive. You only allow so many people in at a time (based on the time on their ticket).
Although I think people in general need to be more considerate about how their actions impact the greater population, there is no one person you can point to with a crowd of 2000.
Have you ever spent much time in any Wal Mart? We live a good distance from New York but they all seem to attract the same kind of clientele. I don't understand why so many (not all) but many of the customers there have no respect for the employees or other shoppers. They will raise their voices even scream if they are not getting enough attention, they push, shove, if they see a friend they will cut in line with complete disregard for anyone else in line (and don't say anything to them or you'll start getting all the swearing and cursing turned on you. They run or even roller skate in the store and if you get in their way lookout that's your fault too. They argue with the cashier if the price rings up different than what they "thought" they saw on the sign, sometimes they are right but usually they "remembered" it wrong. These are just a few observations on any given day that you never see in a Giant Eagle or Shop n Save or I would tend to believe in any other supermarket.
I always go out on black friday and you expect maddness but this was ridiculas. Iwas at another store and they made you stand in a line and opened only one door and you had to come in orderly or they put you out. Maybe this is something Walmart should try if they are not open 24 hours. The Walmart where I live is open 24 hours so if you were there for one of the big ticket items you had to get in line and take a number making it fair to all that was there first come first served. This particular Walmart could have had employees outside doing something like that to cut down on the inital rush. There would not have been such a dash if people already knew they were getting what they came for.
I believe the major fault here in which who should be convicted of the crime is those who rushed the crowd. I was out on Black Friday in Walmart (one in Ohio) and yes the crowds were huge and we could hardley move but because everyone acted like adults there was no shoving and pushing - therefore every one went home safe. I could never start shoving and pushing other people that is about as immature as you can get and this is the reason this man died, therefore these people should be the ones prosacuted - How come it is if you are drinkning and get in to an accident and your friend beside you (also drinking and choosing to be there in the car with you) gets killed in the accident you get charged with manslaughter - but yet these people cant be charged because they had no intentions on killing this person - no but their actions did kill this person whether the meant it or not!!!
I think a lot of it had to do with the size of the crowd.... according to reports, there were over 2000 people in the crowd. There was also NO crowd control ---- from the pics, it just looks like 2000 people congregating. No order, no lines, nothing.
It's funny how this didn't happen at any other store or Wal Mart on Long Island --- it only happened at this one. Other stores and Wal Marts around Long Island had the exact same sales and there were no incidents. I think this speaks volumes about the class of people who were in that crowd. Yes, Wal Mart should have had a better game plan and better security but at the same time people need to take personal responsibility and not act like pure savage animals over a flat TV or a video game system.
It is such a tragedy that someone had to lose their life to finally get Wal-mart to be liable for their lack of security and control of crowds, that are certain to appear. In the last couple of years, it is almost a certain that some where in the U.S. there is a Wal-mart incident that makes the news on Black Friday.
I shopped Black Friday before and stayed far away from Wal-mart. I know what to expect and would rather pay more somewhere else than to deal with that mess.
If I do see a good deal at Best Buy on Black Friday, I know it will be safe to shop there.
They have security and only allow so many people in the store at a time. They pass out coffee, hot chocolate and doughnuts to keep the crowds calm. Best Buy found what works for them and that intern works out well for everyone.
Most Black Friday shoppers come prepared for what they seek and go in and out of the stores quickly. However, there is always someone ready to ruin things for everyone. There are good people out there who lose their good judgement for the sake of a bargain.
I truly hope Wal-mart is held accountable for this tragedy and I truly hope that the family of those hurt, will find some sense of justice.
This is exactly why I have never and will never step foot into a store on Black Friday morning. It's not worth it!!!!
That pregnant lady had no right at a black friday sale, especially walmart and that time of the morning, however the employee of walmart had to be there its his job, i think she was very careless.
I personally think they should get rid of black Friday! I think stores should have those prices all year round. This would help these stores to not be destroyed in the manner in which they always are, and possibly more money for the company through out the year. This means safer conditions for all shoppers and workers!!
We are supposed to be such a caring country,and yet we trample on a person who was trying to make an honest dollar. Whoever is responsible,should take time to take a good look at the people they went there to buy for ,and see if they are really apprectative of their gift.
We are supposed to be such a caring country,and yet we trample on a person who was trying to make an honest dollar. Whoever is responsible,should take time to take a good look at the people they went there to buy for ,and see if they are really apprectative of their gift.
yes i was not surprized to hear that someone died due to what they call black friday threw the years with department store doing this i new it would get worse as years go by but to kill someone while this happy event was to have a great holiday with good buys from the store was not a holiday that people bought for it was greed and they didnt care how they got their things that were on sale they just wanted them now the family of the deceased will not have a good christmas due to this tragged i hope people learn from this and stores like wal-mart learn if u want to put a sale on for christmas do it in moderation a little goes along way and this wont happen anymore let us be human not animals
susan t
Those who stepped on that man knows that they did, so if they want to come clean then they can, but facing prosecution is probably going to prevent anyone from coming forward. Walmart and every other store should have better security when putting on these type of sales. I feel that walmart should be totally 100% responsible and everyone that stepped on that man should ask god to forgive them and come clean because it could be your love one.
Hi
I have started watching your show just recently and I am very impressed with the way you deal with people. You show a lot of respect and caring.
As for the Walmart tragedy it never should haved happened. Greed is the main problem on both sides. I wonder how the people responsible can live with themselves.My heart goes out to the family of the victim.
I hope your show goes on for as long as you want. Thank You for your kindess and may you prosper in the future.
I am a Black Friday shopper. I have been doing it for about 15 years. I have seen rude people and also the very nicest. I shopped at a Wal-Mart in California and they had ropes up to guide shoppers in. They handed out maps as to where all the big deals were located. They also had coffee and donuts for those in line. Not all Wal-Mart’s created a dangerous and fatal situation for both its employees and its customers. I am saddened that this one chose to put its associates in harms way.
I for one have never allowed myself to get caught up in Black Friday shopping and for many reasons. People are so rude and mean on a day that was meant to start a joyous holiday season. I realize that the stores are competing for business, but when putting your customers and employees at risk what does that do for business. This tragedy could have happened at numerous stores it just so happened to be Walmart,and they should be held accountable. The people that engage in this conduct are far more responsible in my mind. I have never wanted something so badly that I would behave like that. If I had bought something in that store that day I would be sick to my stomach. Stores are always going to do this ,its up to us to stop going under those conditions. What if it had been you or someone in your family. Nothing is worth that.
I agree with everyone on the fact that it is pretty disgusting how people behave like animals over saving a few bucks! I also have to say I'm surprised nobody is holding the police dept. responsible for any part of this crime. From what I understand a young girl, whose arm was broken in the crush, and her mother had told the police before the incident that things were getting out of control and that something should be done. He replied that he was surprised nobody had been shot and walked away! I thought the job of the police dept. was to protect the public, so I see this as negligence and they should be charged as well.
I just find it horrible that people are so incredibly greedy that they would trample on a person to get to a piece of merchandise.
I can guarantee you, not one of the "people" who trampled that poor man feels an ounce of remorse about what happened.
Yes, Wal Mart has fault in this matter but what about those people? After the man was trampled to death, they refused to leave the store and almost rioted when employees tried to get them to leave.
What a way for the "holiday season" to start.
I've heard of injuries from similar incidents from previous years. Maybe someone dying will finally make stores take notice. It's really sad that anyone wants a "thing" badly enough to push their way through a crowd.
Kudos to you, Judge Pirro.
Wal Mart should be held to the highest extent of the law and charged for their negligence.
Have watched your show, Judge Pirro and find you a refreshing change from another... very dis respectful..... female judge. Scanning your 'webpage", I feel I should comment on the trampling of that poor individual at Wal Mart. What is there about electrical toys that would cause one to get so excited..to even go to the store and get into a 'mob'. Nothing is worth a life. I am concerned about the intelligence of people today. My condolences to the young man's family and your comments re Wal Mart are right on the button.
Jeanine, could not agree with you more. As a Long Island resident, I was mortified by this tragedy that literally hit home. You are very astute in your depiction of the culpabilty of Walmart. There needed to be a preemptive measure that would have prevented what transpired on this Black Friday. Increased security would have assisted during the opening of the Walmart doors. So sad. The family will no doubt be awarded compensation in a Civil Lawsuit. No matter how much money is awarded, it does not bring back the 34 year-old victim who was just doing his job. Thank you for providing your professional wisdom for us Long Islanders who lived this tragic story last Friday.
Love your show! Nothing like Judge Judy, who I find loves to talk down to people as though she is the almighty God. Yes, she has the throne, but she needs to realize that her stink smells just the same as any others! You are a beautiful, classy woman, and you seem to really care for all around you. You are tough when needed, but very caring as well. I will continue to watch your show and I wish you the best, always!!
Unfortunately, this is not the first time this has happened. Every year there are injuries from Black Friday shopping. A few years back I was in line at 4am at a local Walmart. Once the doors opened a small girl, about 7 or 8 years old, was caught in the stampede. Her parents were pushed through and could not help. As she screamed for help a few of us were able to stop a cart long enough for her to climb in and get into the store to a frantic mother. The biggest problem with Black Friday is the limited number of products per sale. If there were more units available the rush to be first would not be as great.
I agree with Judge Pirro; however, there was another victim in this case that most of the media neglected to acknowledge. A pregnant woman was also trampled in the crush & taken to the hospital. Thankfully,the woman & her unborn baby were fine. This goes to show that not only Wal-Mart is culpable of this tragedy, but the whole media and retail hype surrounding the whole "Black Friday" promotion is to blame as well. One only has to look at the amount of ads inserted into the Thanksgiving Day newspapers and the ads on television and internet to see what a problem this creates. If the department stores are willing to advertise both deep discounts and early opening times within their stores, they should have the security available to handle the crowd. It's apparent that profits are more important than shoppers' security. Thank God terrorists didn't take advantage of Black Friday to carry out their murderous, sick agenda!