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MBA-610 3-1 Discussion: The Tort of Negligence

For this discussion, first read Chapter 7 of textbook. Review this excerpt taken from page 273:

An employee at Wal-Mart was killed in 2008 when “Black Friday” shoppers broke down the doors at a sale at a store in Long Island, New York. The employee, Jdimytai Damour, was initially hired to perform maintenance at the store but was asked to provide security on the morning in question because he was a large man, well over six feet in height.

At 4:55 a.m. many in the crowd, some who had been waiting for hours, began to push against the double glass doors. Damour and others inside tried to push back but the doors bowed and crumpled. The shoppers surged through, crushing Damour to death and injuring others, include a woman who was eight months pregnant.

Damour had no experience with crowd control and was not trained for such a job. Crowd control barriers were not used and security personnel were inside the store when the incident happened, rather than being outside to manage the crowd. Customers shouted angrily and kept shopping when store officials said they were closing because of the death, police and witnesses said.

Wal-Mart, based in Bentonville, Arkansas, called the incident a "tragic situation." The company said it tried to prepare for the crowd by adding staffers and outside security workers, putting up barricades, and consulting police.

In your initial post, address the following:

  1. Discuss whether the facts of the case meet the requirements of a successful negligence claim (see pp. 287–288 of your text).

  2. What defenses could Walmart raise in this case? Explain.

  3. Do you think the threat of lawsuits like this is necessary to protect the public from dangerous products and actions by business? Explain.

In response to your classmates’ posts, state whether you agree or disagree with the basis used to justify your classmate’s opinion, and explain why.

To complete this assignment, review the Discussion Rubric document.

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