OSHA cites Wal-Mart in 2008 Black Friday Riot

[bigjimslade]

http://news.yahoo.com/s/ap/20090526/ap_on_re_us/us_wal_mart_death_2

 

GARDEN CITY, N.Y. – The death of a temporary employee who was crushed in a stampede of post-Thanksgiving shoppers at a Long Island Wal-Mart store could have been prevented, federal officials said Tuesday as they proposed fining the world's largest retailer $7,000.

 

The U.S. Department of Labor's Occupational Safety and Health Administration announced it was citing Wal-Mart Stores Inc. for inadequate crowd management following the Nov. 28, 2008, death of Jdimytai Damour.

 

The 6-foot-5, 270-pound Damour had been on the job for about a week when a crowd estimated at 2,000 strong broke down the Valley Stream store's doors in search of pre-dawn bargains, trapping him in a vestibule. The 34-year-old Queens man died of asphyxiation. Eleven other people, including a pregnant woman, were injured.

 

"Effective planning and crowd management could have prevented this incident and its grave consequences," said Robert Kulick, OSHA's regional administrator in New York. The retailer has 15 days to respond to the allegations, which could lead to a fine of $7,000, Kulick said.

 

The fine is the maximum allowed, OSHA said. The agency said it issues such serious citations when "death or serious physical harm is likely to result from hazards about which the employer knew or should have known."

 

Daphne Moore, a spokeswoman for the retailer, based in Bentonville, Ark., said in a statement that Wal-Mart has "never had a tragedy like this occur in our stores and we never want it to happen again."

 

The company disagrees with the type of citations issued, she said.

 

"There is no OSHA or retail industry guidance that would have alerted us to this type of unforeseeable hazard," Moore said. "We expect to resolve this matter in a constructive manner that fosters the safety and well-being of our associates."

 

Nassau County District Attorney Kathleen Rice announced this month that she was ending a criminal investigation of the stampede after Wal-Mart agreed to pay nearly $2 million and improve safety at its 92 New York stores. The retailer also said it would consider safety improvements beyond New York.

 

Rice contended that had the company been found guilty of a crime, it would have been subject to a maximum fine of $10,000.

 

Instead, she said, the company agreed to improve crowd management at post-Thanksgiving Day sales, set up a $400,000 fund for victims, and give $1.5 million to county social services programs and nonprofit groups.

 

An attorney for Damour's family did not immediately respond to a request for comment on the citation but has previously criticized the prosecutor's settlement, as have attorneys for other victims. Damour's family, as well as a number of other victims, have announced plans for lawsuits.

[lovebears65]

about time:no:

[BigNate]

Honestly I fail to see how this is Walmart's fault. It's the fault of the basket cases that literally crushed a man to death because they wanted to save a few dollars. A store shouldn't have to worry about people killing others over a sale but the public is going nuts lately. This is why I'm not really planning on going out on black friday anymore. People are getting rabid.

[jbrawn26]

Honestly I fail to see how this is Walmart's fault. It's the fault of the basket cases that literally crushed a man to death because they wanted to save a few dollars. A store shouldn't have to worry about people killing others over a sale but the public is going nuts lately. This is why I'm not really planning on going out on black friday anymore. People are getting rabid.

I agree... I'm sure I'll get plenty of flack over it but I think if Walmart is getting fined and sued then so should every person that stepped on that poor man should be as well

[mgmckny]

Honestly I fail to see how this is Walmart's fault. It's the fault of the basket cases that literally crushed a man to death because they wanted to save a few dollars. A store shouldn't have to worry about people killing others over a sale but the public is going nuts lately. This is why I'm not really planning on going out on black friday anymore. People are getting rabid.

I'm with you on this. Nothing is worth the maniacs that are out there! And I don't see how they can blame Walmart either, look at the Old Navy Store this weekend that had to close due to a near riot...over flip flops.

[bluesky225]

Honestly I fail to see how this is Walmart's fault. It's the fault of the basket cases that literally crushed a man to death because they wanted to save a few dollars. A store shouldn't have to worry about people killing others over a sale but the public is going nuts lately. This is why I'm not really planning on going out on black friday anymore. People are getting rabid.

I agree with you too. Walmart was nice enough to have the good deals, but the people just acted WAY out of line. I still don't see it being Wal-mart's fault...

[fluresentcrayon]

I agree with you too. Walmart was nice enough to have the good deals, but the people just acted WAY out of line. I still don't see it being Wal-mart's fault...

I totally agree!

[vonnyb]

Ok I agree with the article maybe Walmart could have provided better crowd control. BUT ultimately the public killed that poor man, over cheap gifts and they should be ashamed of themselves.. That is why I stopped going to the walmart doorbusters, I dont want to lose life or limb.

[bigjimslade]

I think WM is at fault. WM has created the culture of the stampede at BF. You dont hear of any problems at any of the other stores expect for WM. BB has the ticket system and more stores should adopt a similar system to make BF more safe.

[mommyx3]

I totally believe Walmart is at fault. They even advertised their sale as a "door-BUSTER". They created a culture where there is no order and people are encouraged to come out to the said "doorbuster". I see no reason whatsoever why Walmart can't figure out a better way of doing their specials. Even Best Buy who in my opinion has the WORST customer service figured out the ticket system.

 

A lousy $7000 fine is like you and I being fined $0.70. Hopefully, the families lawyers have better luck than the government. Because without a doubt no security and no crowd control I truly believe that yes Wal mart bears some of the blame in this man's death. Obviously, it goes without saying that the people in the crowd bear some blame to, but in fairness I bet some of them would have been killed as well had they stopped to help.

[Rockfordmom]

"door-BUSTER" does not literally mean "bust the door"

 

I'm sorry, but you know if you stepped on a person or not, and anyone that steps on a person or a part of a person and then keeps on going to get a tv that's on sale or whatever is completely in the wrong!

 

People get there later than others and then think that they have the right to push and shove and run to get things before the people that were waiting in line and got there before them. It happens at other stores too. I got shoved and pushed at the Old Navy sale recently for $1 flip flops.

[chrisjuvers]

I think WM is at fault. WM has created the culture of the stampede at BF. You dont hear of any problems at any of the other stores expect for WM. BB has the ticket system and more stores should adopt a similar system to make BF more safe.

I live by 3 walmarts and 2 are super walmarts. They DO NOT do the ticket system here in southern IL. It first come first serve.

[cassgurlie04]

My local walmart does do the ticket thing for any big items but believe it or not the toys and the kids clothes that go onsale are usually what the stampede is for around here so no one is smashing anyone over tvs.

[siczlo]

Wal-mart is at fault for not doing crowd control. Even if the original person who stepped on the poor man tried to stop, the crowd behind them would keep pushing, (Spoken from experience!)

Wal-mart needs a ticket system or some kind of system for the door rushers. There's no consequences for these folks, so they keep doing it. And Wal-mart fined $7000, give me a break, that's hardly a slap on the wrist, and I don't think the fine will make them come up with a better system. The family of that guy must feel jaded.

[sbwolfer]

I believe Walmart is partially responsible. Once they saw the size of the crowd and that things had the potential to turn ugly they should have called in for reinforcements from the police.

 

The disgusting people who trampled that poor man should be ashamed of themselves but I guarantee they'll be out again this year acting the same way.

[Rockfordmom]

But Target and Kohls and Kmart don't have a ticket system either.

 

How would Walmart know things had the potential to turn ugly?

 

I'm going to say it again - you KNOW if you step on a person or an arm or a leg, you know that you are not stepping on just the floor, and if you step on someone and then continue to run to get a tv or whatever you have your priorities pretty screwed up, period! I don't care if someone behind you pushed you, at some point you have the ability to stop or scream or do something.

 

How many people were on their phones at that exact moment telling someone "you should see this crowd..." or taking pictures of the crowd with their cellphones? I want to know how many of them hung up and stopped and called the police? And how many kept shopping?

[arci122]

Wal-mart needs to take the door greeters out of the equation that morning, get a clue on how to put things in reasonable places to find, and have more stock of those items. A few years ago a lady at a small wal-mart near me got her arm broken.

 

To make up for this bad publicity, they should leak the flyer for this year 4 weeks early!

[KoopawnKode]

They should have a scavenger hunt! (i.e., if there's only 10 laptops, place them all around the store with clues) so the people in search of these "doorbusters" will be spread out on which items they're looking for and all the other early morning shoppers can have more space to get their low-priced non-doorbuster items. LOL.. doubt they would do something like that (even without the hunt )

 

Also, they should be unconventional.. like making several more locations of where their cheap filler items that attract enormous crowds(like dvds).

 

All kidding aside, it greatly depends on the Walmart store itself. There are 2 nearby (8 mile radius) and they both don't do tickets except for the "big" stuff like LCD TVs and that's just so those people are guaranteed their item without having the item broken/scratched/etc. with 100's of people running into the boxes. You pay for it and they bring it out for you.

 

Other than that, their method of crowd control is to let in groups of 25 into the store at 5 second intervals (5 sec. from when the last person of the last group fully enters) It's not perfect, but everyone knows they'll just slow everyone down by pushing and shoving.

 

 

Walmart would've gotten fined $10k MAX! They did something better IMO, they accepted the $7k fine and "set up a $400,000 fund for victims, and give $1.5 million to county social services programs and nonprofit groups." All of which is separate from the legal battles going on by the families suing Walmart.

 

It wasn't something to be forgotten, but people are quick to put the blame on someone they CAN blame (like Walmart) when those who should be blamed (people involved but not caught in the act) are out there walking around saying they were victims too! (I'm sure some of them were, but countless more probably contributed to the stampeding more than helping )

[Silverstreak24]

=KoopawnKode;1578818]They should have a scavenger hunt! (i.e., if there's only 10 laptops, place them all around the store with clues) so the people in search of these "doorbusters" will be spread out on which items they're looking for and all the other early morning shoppers can have more space to get their low-priced non-doorbuster items. LOL.. doubt they would do something like that (even without the hunt )

 

Also, they should be unconventional.. like making several more locations of where their cheap filler items that attract enormous crowds(like dvds).

I love your dvd idea. It's great! Could you imagine what those crazy crouds would do if you hid the doorbusters?! HaHAHA I could just see the clothes, groceries, toys, shoes, everything everywhere and the poor person that finds laptop #10? I can only imagine the fights/chaos that would happen!

 

[Ravenseye]

Ugh...as a retail sales employee...I really really really would hate the cleanup afterwards....

 

-Mike

[tinkrbel]

you should NOT be joking about scavenger hunts that would totally ruin my BF. However, taking a step back, it would make it more challenging. I am not out for a challenge on BF.

 

I suppose really awful stores would do a caountdown over the PA of whats been found or what quantity is left just to make the crazies a little crazier right?

[jamieva]

WM certainly has some blame in this based on how they run their BF door busters. I had a co worker got to a local WM last year and she said people were literally scratching, clawing, pushing and shoving each other at the doorbuster displays to get the items, especially if there was a limited number of them. They were literally ripping stuff out of people's arms as they held the item. Now WM is not totally to blame as these people are idiots to behave like that, but WM's free for all policy gets that mindset going to start with.

 

WM needs to address this before BF this year and come up with a better way...ie ticketing...to keep the crowd somewhat under control.

[KrystalMae1231]

I don't think Wal-mart is completely at fault here, they really need to track down all of the people on that video that stepped on that poor guy and prosecute them for manslauter. Bunch of crap!!

I never start out my BF at wal-mart, they price match and other than the large items they always have plenty of what I want so I go back later in the AM to get it. Since we have two walmarts if I want a large ticket item I go to the less used one, hardly no one there and some big ticket items last for an hour or more.

I agree they need to learn to control their crowds better or use the ticket system like other stores. No one pushing or shoving then!! :)

[Nate Dogg]

Wal-mart is at fault for not doing crowd control. Even if the original person who stepped on the poor man tried to stop, the crowd behind them would keep pushing, (Spoken from experience!)

Wal-mart needs a ticket system or some kind of system for the door rushers.

I am with you. If anyone would have stopped to help the guy they would have also been trampled. I have been in this situation. It is not pretty. We were lucky that no one died in the one I was in.

 

Walmart needs a better system. I hope they come up with one this year.

[iluvwalmart]

I think all stores are at fault for the craziness on BF. The problem lies with many people wanting the items that are limited. If these stores had more quantities of these limited hot items, I don't think things would get so bad. I also blame the people cause many do not have self control on BF. I think more BF items need to be available online & that would also help cut down the craziness. To blame any store for putting doorbuster on there ad I am sorry but that is ridiculous. There are sales in my area through the year that are doorbusters & I have never seen people rushing, fighting or trampling someone to get these items.

 

I think there is gonna be things done differently this year at Walmart. I don't know if it is true but I have read that people will not be allowed to surround the palletts this year like previous years. Instead there are going to be lines for the 5-11 items.

[Talama]

Well the OSHA citation means Wal-Mart failed to create a safe working environment. The incident happened on their property, which makes them liable. If somebody trespasses on my property and gets hurt, they can sue my homeowner's, even though they weren't invited.

 

Here in the Miami area I avoid Wal-Mart like the plague. Went once, no control, the minute the doors open HUGE rush from the parking lot as people tried to cut in line, knocked my SIL down. I turned my shopping cart sideways, it was like a rock in a waterfall, everyone just broke around it, protecting her.

 

BB has the ticket system, Target barricades, does a serpentine line here, has police and employees outside directing, it effectively thwarts the parking lot rush.

 

While I agree it is ultimately the crowd that killed the worker, there is a certain group psychology at work that has existed for YEARS that other stores have worked to diffuse (namely BB and Target) that Wal-Mart seemed only to encourage. I find it amazing there haven't been more tragedies.

[bfaddict1977]

This is why I honestly go out later on in the day and would rather spend a few more bucks for an item then be crushed.

[AMiklosovic]

This is obviously WM's fault. Stores like BB that sell hot electronics have a ticket system or "max occupancy" system. (i know a BB near me lets in X# of people, then when 1/2/3/4 persons leave, 1/2/3/4 are allowed back in.) Target also seems to attract more "civilized" shoppers. last year I went to WM, BB and Target on BF, and the 24 hour WM was by FAR the worst place. The electronics area was completely congested with people trying to get at TV's and all the other hot items, and we literally could only walk in one direction, so my mom and I left without making a purchase, and we likely will not return to WM this year. We then slid over to BB and picked up some stuff then went over to a Target, which was pretty crowded, but all the hot stuff wasn't jammed into the electronics dept.

 

WM having to pay $7,000 is like a regular citizen having to pay $2.00 for a speeding ticket, its just a tiny inconvenience that isn't going to teach you anything.

 

WM should be fined by OSHA, fined by the county the WM was in, and be sued by the family of the victim for not having enough safety precautions in place to avoid this sort of thing. If WM was hit with fines totaling in the 8-figures, they would MAKE CERTAIN it would never happen again at any store.

[MisterBill]

WM had people lining up, and it worked at other stores. It was just the animals who were at that particular store who decided to rush in through a different door. Sadly, those animals were not held accountable for their actions because you can't arrest a mob.

 

As others have said, people who rush in are not necessarily going for the electronics, so tickets would not necessarily help.

[TazErase]

http://news.yahoo.com/s/ap/20090526/ap_on_re_us/us_wal_mart_death_2

This store is not to far from me and I know a few people that were there on Black Friday. Not only did they trample the "greeter", they knocked over the paramedics trying to get in to save his life.

 

ONE OF THE BEST REASONS NOT TO BRING KIDS WITH YOU ON BLACK FRIDAY!

 

Then again, the Walmart where this happened is in an area not too far from NYC and is the closest Walmart to the city. It attracts some real low life people who don't care about anyone but themselves. I've been to the store numerous times when I lived in New York City and there are many rude people there, both employees and even more so the customers.