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Black Friday offers consumers the opportunity to save massive amounts of money through door-buster deals. Some stores even advertise they will give products away to the first ten or so men and women in line, but these savings have come at a great cost in the past. From trampled employees to shoppers falling asleep while driving, Black Friday has led to seven deaths and nearly 100 injuries.
While some of the fatalities attributed to Black Friday were actually caused by pre-existing conditions such as heart disease, others could have been prevented including the Walmart wrongful death case.
One door-buster sale led to consumers shattering the glass doors of a Walmart in 2008. They were so eager to begin their shopping that they didn’t notice the fallen temporary employee beneath them. The 34-year-old employee was trampled to death, and his family filed a wrongful death claim against the major conglomerate.
Walmart had negligent security and failed to provide employees with a safe work environment by not taking the appropriate steps to control the crowd of approximately 2,000 people waiting outside the doors. An out of control crowd can put employees in a very real danger and could be considered an occupational hazard.
Following the 2008 fatality, the Occupational Safety and Health Administration (OSHA) issued retailers a crowd management safety guideline to protect both the employee and the consumer. The OSHA instructions go into detail about stopping injuries from occurring during sales events such as Black Friday.
If someone is injured on Black Friday due to avoidable unsafe conditions, the store may be held liable if they knew about the issue and deliberately failed to correct it or did not take preemptive measures to avoid crowd problems. There are several situations where a store could face a premises liability case including ignoring the standard precautions outlined by OSHA.
Colling Gilbert Wright & Carter wishes you a happy Thanksgiving. If you choose to participate in Black Friday shopping, we hope you will remain safe while searching for the best deal.
If you or a loved one has been injured, please contact our personal injury lawyers in Orlando today at (407) 712-7300 to schedule your FREE consultation. Colling Gilbert Wright & Carter serves clients in Orlando, Florida and surrounding areas.