Wal-Mart Death Update

[Kiwi]

Walmart death update

What do you all think?

[fireheart]

It's good to see that something positive has come out of it. Hopefully Walmart have learnt from their lesson and will be better prepared this year.

[XCashier]

While it is good that they're improving security for Black Friday sales, it kind of sounds like they're trying to weasel their way out of responsibility for Mr. Damour's death.

Edward H. Gersowitz, an attorney representing Damour's family in a civil lawsuit, blasted the settlement and said the family was never consulted before the deal was announced...."The ability of Wal-Mart to, in effect, buy off this criminal investigation demonstrates the epitome of corporate arrogance that has become all too familiar in this day and age, and shows how Wal-Mart has nothing but contempt for the victims of such corporate malfeasance," he said in a statement.

I'd like to hear more about this, from both sides.

[Nurian]

I'm glad safety is being improved. It's too bad it came at the cost of life.

[Eric the Grey]

While it is good that they're improving security for Black Friday sales, it kind of sounds like they're trying to weasel their way out of responsibility for Mr. Damour's death.

I'd like to hear more about this, from both sides.

From the article, Walmart is paying considerably more money, just under 200 times the amount they would have been responsible for if they had been prosecuted.

Also realize, this was the criminal case, not the civil one. The family of Mr Damour can still sue them in civil court.

I think it's a good thing all in all.


Eric the Grey

[Kiwi]

I don't think any amount of money will bring back a lost one from their father and I don't think a well done is deserved to WM for stepping up to the plate, I feel its more like a "thats the least you can do".

[Shpepper]

What I didn't like about this was that they are giving 1.5 million dollars to social service and non profit organizations and only putting $400,000 into a fund for those injured or for the family of the man killed. If the injured partied accept a settlement from the $400,000 fund, they give up the right to file a civil laswuit against Walmart.

[PepperElf]

I don't think any amount of money will bring back a lost one from their father and I don't think a well done is deserved to WM for stepping up to the plate, I feel its more like a "thats the least you can do".

no but... if they'd gone for a court trial the family would only get 10k according to the article.

i do respect wally for giving them 2mil instead cos... it will help the family make ends meet until they can recover.


obviously it'd be nicer if he hadn't died
but they're taking care of the family

[One-Fang]

Pepper, the family gets nothing, either way.

The 10k is a criminal case, it's a fee that goes into government coffers, not retribution to the family. That would come from a civil case.

The $2m is not being paid to the family. It's going to beefing up security and general victim support.

Personally, I think the paragraph XCashier quoted is deplorable. Yeah, they really "bought off" their $10k criminal case with a $2m plea bargain. Yeah, smart move. In fact, increasing their security systems to ensure it never happens again is the best outcome. Further comment would be best placed in fratching so I'll shut it there.

[PepperElf]

well that sucks

[lordlundar]

Personally, I still see it as buying their way out. Yes, it's 2 mil for a 10k fine, but there's still the issue that they foresaw this happening eventually, took no precautions, and were willing to risk the lives of their employees. Without the charge, legally no one can say that without facing a lawsuit.

In addition, no one knows what these additional security measures are going to be. They could be as simple as putting 1 or two LP officers on for crowd control and call it an improvement. It's about their speed.

Basically, the company will do whatever it takes to avoid a legal reference, then do as little as possible to save money, at the expense of anyone on the front lines. If they weren't facing the criminal charge, do you think those donations or the security evaluation would even be considered? And do you think any measures they take will last beyond a year when they find out the cost? Personally, I doubt it.

[One-Fang]

What would be the consequences of a criminal charge? Obviously there's a $10k fine, but what else?

Remember too, that WM aren't deciding on the security measures. That's independent.

[lordlundar]

What would be the consequences of a criminal charge? Obviously there's a $10k fine, but what else?

That nice little note at the federal level that states "Company is known for disregarding employees needs and safety at a criminal level." Which means when (because let's be honest, it's only a matter of time) it happens again and it hits court, they have prior notice, which really hurts their case.

With their actions, in another case like this, the prior incident cannot be legally submitted as prior history, which means they can basically walk away with no more than an "oops." As well, because they were never held legally accountable for it, if the media says they did know about the problems (ie, tells the truth) they can get sued.

2 million for the ability to legally lie to the public and able to financially destroy anyone that tries to tell the truth. Sounds like a bargain to me.