Thursday, December 4, 2008

It's Not Walmart's Fault

I'm not one to defend Wal-Mart. I don't even shop at the store because of issues I have with their employment practices. However I must object strenuously to the multi-million dollar lawsuit that has brought against them by the family of Jdimytai Damour.

The responsible parties are those that trampled Jdimytai to death and they are the only responsible parties. Could Walmart foresee that it would be possible for people to act like they have absolutely no self-respect, self-restraint and total lack of home training? Sure. Is it Wal-Mart's responsibility for that? No? Could Wal-Mart foresee that some idiot in the parking lot of it's property could break into peoples vehicles? Sure? Is Wal-Mart responsible for the break in? No. Could Wal-Mart foresee that one could be run over in their parking lot when it is packed with customers going to a fro? Of course. Would Wal-Mart be liable if a person got run over in the parking lot? Absolutely not. Corporate entities as legal persons (an unfortunate circumstance) are no more responsible for the behavior of other people than is the citizen standing in line who was pushed along by the unruly crowd.

But Walmart is an easy, deep pocketed, fearful of bad publicity company. Little, broke, looking to save 5 bucks off a computer, ordinary citizens don't have much to offer. Hopefully the police will be able to ID the people who stepped on Jdimytai and will have them arrested. The best crowd control is the threat of prosecution. I can guarantee you that if a high profile example is made of those who stepped on Jdimytai, who I understand was trying to protect a pregnant shopper, the next Black Friday at Wal-Mart will not have anything like what transpired.