Store owner can be liable for injury to customers caused by sales events that are improperly policed
Posted on May 08, 2009
Wal-Mart stampede victim likely died of asphyxiation. Preliminary results of the autopsy were announced by Nassau police. The results underscored the necessity of store owners controlling sales events. At the time we called it the advertising campaign that had Madison Avenue gleeful. Today it's not so gleeful.
Store owners and operators have a legal obligation to protect their store patrons. In Iowa this case would likely result in a lawsuit for wrongful death.
According to Mulvey, police and Green Acres Mall security had been at the site “in anticipation of these sales.”
'And the message was clearly portrayed to all those parties that these kinds of events fall within the purview of their security,' said Mulvey 'And they need to plan, organize and police them properly. We clearly put it out on their plate,' he added.
Jdimytai Damour, 34, seasonal security worker from Jamaica, Queens, was trampled by a stampede of 2,000 frenzied shoppers at the mall, as they broke through a glass door, rushing to grab a bargain.Damour’s cause of death, says police, was “positional asphyxiation” consistent with having pressure applied to his chest. More bluntly put “he was trampled to death.”