Cops Blame Wal-Mart For Trampling Death

The police in Nassau County, New York released a report this week that clearly lays the blame for a Black Friday trampling death on Wal-Mart.

The worker's death on November 28th took place at a Valley Stream, Long Island Wal-Mart store. According to Newsday, which says the plan was released December 31st, the police report suggests that Wal-Mart needs to be much better prepared than it was when bargain hunters took the life of a temp worker at the retailer's store.

Nassau County Police want Wal-Mart to plan thoroughly, arrange for efficient crowd control and engage in clear communication, to prevent another tragedy. Wal-Mart would not comment on the plan, but told Newsday, "We look forward to continuing to work with law enforcement to make our safety measures even stronger in the future."

The latest report is the result of private discussions that took place in mid December at Nassau police headquarters, attended by 75 representatives from area department stores and malls. The retailers and the police were under pressure to demonstrate that some reforms would be made in the wake of the death of Jdimytai Damour of Queens, New York, who was called "a seasonal worker" by Newsday. Wal-Mart officials were at the closed-door meeting at the Nassau police station.

In their report, Nassau police said they will respond and assist when needed, "but the responsibility for the security and control of these sales events rests with the store. Store administrators should never market a sales event without having a plan, and the proper resources to manage it." The police also note, "history has shown that large-scale events can turn from an orderly gathering to chaos as the doors open. Ultimately the goal is to provide a safe and comfortable shopping experience for patrons." This requires "cooperation from the business owners, mall security, contract security employees and law enforcement. These special sales pose unique challenges to the business owner, mall owner and those who are charged with providing security for the event."

The Nassau County police recommend that retailers should: 1) begin planning months before the sales event 2) make sure enough trained employees are present 3) request an "intensive patrol" from the local police, and alert officers of large or unruly crowds 4) communicate with waiting customers with signs and announcements 5) set up barricades or rope lines that reduce the risk of a crowd surge or stampede 6) hand out wristbands or numbered tickets as customers arrive 7) allow customers to enter in small groups 8) have automated external defibrillators, and trained staff, on hand.

Just before Christmas, there was a rally held in front of the Valley Stream Wal-Mart. A group called the Committee for Occupational Safety and Health, told the media: "This wasn't the crowd's fault. Wal-Mart should have had a plan in place to deal with this difficult situation." The demonstrators held candles and signs, and wore pins with Damour's face that read "Black Friday kills." A spokesman for the group The Workplace Project, said Wal-Mart's Black Friday failings were just part of a larger issue with its workforce. "I hope that [shoppers] don't go into Wal-Mart," a spokesman told Newsday. "If they do go into Wal-Mart, they should think about how they're walking where someone's blood was spilled."

Wal-Mart has been trampled with national criticism for its lack of a Black Friday security plan. The company is also facing a lawsuit in connection with the stampede. Nassau County prosecutors have been reviewing employee records and surveillance film of the store. No charges have been filed yet. Wal-Mart's director of corporate affairs for the Northeast, issued a statement similar to the one that emanated from Bentonville, Arkansas: "We are looking forward to working with local law enforcement officials, as well as lawmakers and other retailers to implement even stronger safety measures for Black Friday going forward."

Five days after the incident in Valley Stream, the family of Jdimytai Damour filed a wrongful death lawsuit naming Wal-Mart, mall owner Vornado Realty Trust, and Securitas Security Services USA as defendants in its Bronx Supreme Court filing. The Secuity company named was reportedly providing security and patrol services at the Valley Stream store. The lawsuit charges that the defendants "created an atmosphere of competition and anxiety amongst the crowd that caused the crowd to surge and enter into a crowd craze" and "engaged in specific marketing and advertising techniques to specifically attract a large crowd and create an environment of frenzy and mayhem." The lawsuit also says that Wal-Mart and the other defendants failed to provide adequate security and properly train or supervise existing security personnel, and used ineffective crowd control. The mall's owner, Vornado Realty Trust, issue a statement to the media which said, "We are saddened by the tragic occurrence, but we do not comment on pending or threatened litigation."

It would be refreshing if Wal-Mart just acknowledges its culpability in this case, and offers to settle the wrongful death lawsuit filed against it immediately. The company was not prepared to handle the consequences of its Black Friday promotions, and ended up promoting mayhem and frenzy instead. In the process, Wal-Mart exposed its employees to dangerous working conditions, and a tragedy resulted. Wal-Mart should admit it, offer generous restitution to the family, and beef up its store security at all locations to protect both its workers and the shopping public.

The Nassau County police report points the finger of blame directly at Wal-Mart---but their recommendations will mean nothing unless they are implemented as soon as possible by Wal-Mart management. Otherwise, Black Friday will remain just another Black Eye for Wal-Mart."

Al Norman's website is http://www.sprawl-busters.com. He is the founder of Sprawl-Busters, and the author of "Slam-Dunking Wal-Mart." He has been helping communities fight superstore sprawl since 1993.

Comments

[graduate09]

Where can I get a copy of the Police report? Thanks.

[Dr. Judith Rich - Huffpost Blogger]

What if they gave a Black Friday special and no one showed up? How about we all just get a grip and boycott these ridiculous sales events?

It's all such BS..... consumers are completely manipulated into thinking the supply is scarce so "I'd better get mine while the getting is good".

Come on, people! Isn't it time we stopped being ignorant consumers and wise up. Besides, don't we have enough "stuff" already? We're drowning in "stuff".

My family had a "gift-free" Christmas this year and we all loved it! The whole Christmas season was a most relaxing and freeing experience, just knowing there were no gifts to shop for. We all decided we'd do it again next year.

Humbug on Wal-Mart any day of the year!

[DuganS1]

Boycott sales events? I guess consumers should just go to stores that aren't having sales.?? Customers manipulated into thinking supply is scarce? How is that? Calling customers "ignorant"­... Why, because they go shop when there are sales? People have "enough stuff" already... ? So people shouldn't buy presents for Christmas anymore? The millions of people who go to Walmart every week shouldn't be going at all because they don't need or couldn't use anything there in the first place?

[DuganS1]

Walmart at fault?

1) begin planning months before the sales event
... Walmart has sales events all the time.

2) make sure enough trained employees are present
...Trained to do what? ...open the front door? What training do you need for that? And since when doesn't Walmart have enough employees? They have employees everywhere.

4) communicate with waiting customers with signs and announcements
...Aren't there always signs and announcements in the Walmart entrance or just inside?

5) set up barricades or rope lines that reduce the risk of a crowd surge or stampede
...So Walmart has to assume their customers are a bunch of violent animals? What about the tens of thousands of Walmart's that don't have such problems?

6) hand out wristbands or numbered tickets as customers arrive
...Why?

7) allow customers to enter in small groups
....How is that possible? The customers trampled the guy at the front door right after unlocking the door.

8) have automated external defibrillators, and trained staff, on hand.
.... So all retail stores in America need to have defibrillators on hand on case an angry mod just happens to burst through their front doors at some point?

Aren't the people near the front of the line that actually did the trampling going to take any blame?

[Zeje]

If it were up to you, nothing would be done. And we will all await another tragedy.

[DuganS1]

One problem with government today is that they always feel they need to do something, even when doing nothing or using simple common sense is the best and most efficient answer. We don't need to create new laws, new mandates, new training programs, new punishments, etc every single time something bad happens to somebody in the country. Things happen. Life entails risk each and every day. That Walmart worker should just have been more careful with opening that front door. That's all. I sure wouldn't have done it with that aggressive mob up against the door.

[ReasonIsMyReligion]

Ban door-buster sales.
Unless they're for coffins.

[sloreader]

Retailers lick their lips when the doors bust open at one of these events. Why people would be willing to trample one another over a refrigerator, DVD or whatever is beyond me but it has been known to happen, especially when the crowd starts pushing at the doors way before they open.

[bloity]

Thanks for the update. It reminds us to make sound choices of where we shop and only support corporations with a conscience.

[Truby]

No offense but is this the first time you have wondered if this corporation has a conscience?

[RoseMerry]

The Wal-Mart manager(s) of this store need to be held accountable - like with a nice long job sentence. This poor man was a TEMP for gawd's sake. And they fail him and failed to manage this situation that they created.

Let justice be done!

[PandaBunnium]

Hate to say it but WalMart will pay off the family and even so this is just the cost of doing business for them - they probably allocate funds for this sort of eventuality.

[Culturemaven]

Walmart is notorious for a scorched earth policy regarding lawsuits. They will fight and fight and never surrender, even when they are clearly wrong. Heck, I'd be surprised if they didn't countersue somebody, anybody.

[sloreader]

I completely agree with you about their reputation. Would not expect a settlement anytime soon.

[wolfgangmo]

Heck,

They will likely sue you for commenting on their history.

[moAb]

and the agreement will be sealed and that will be that. no one will know what really transpired.