The Cochran Firm Legal Blog

Rather than face a $10,000 criminal charge in the Black Friday trampling death of a Valley Stream, New York temporary employee, Wal-Mart, Inc. instead agreed to pay almost $2 million to improve safety at its 92 New York stores. The improved crowd management plan for post-Thanksgiving Day sales was developed by experts who have worked with some of the biggest events in the past, such as the Super Bowl and Olympics.

In addition to the $2 million improvement in safety, Wal-Mart will also donate $1.5 million to Nassau County social service programs, expedite $400,000 in restitution to other victims injured in the melee, and hire 50 local teens annually for three years. They also avoid any admission of wrongdoing.

All of this stems from the events last November when an estimated 2000 people broke down the doors of the Wal-Mart before the morning's sales had begun. The victim was trapped in the vestibule and asphyxiated. It was reported that the store stayed open and allowed people to continue shopping even after the man was killed. Eleven other people were reportedly injured.

This is a seemingly generous gesture from the world's largest retailer, but it may make people wonder if Wal-Mart is simply trying to buy its way out of a criminal charge. The 34-year-old trampling victim's family has said this is too little, too late and will continue with their wrongful death suit against the corporation. The Nassau County District Attorney has said that Wal-Mart's settlement will keep the victim's death from being in vain since the money will be going to drastic changes made in the way Wal-Mart comports itself on a day in which sales prices are lower than they are at any other time of the year.

Certainly spending millions of dollars to avoid a mark on your reputation may seem magnanimous, but what about the family of the victim? He was a Jamaican immigrant with a temporary job, not a wealthy native born American. A corporation cannot go to prison and the largest criminal charge is $10,000. If Wal-Mart is found negligent in some way in the victim's family's wrongful death suit, hopefully they will receive the compensation they deserve.

If you need an experienced attorney to help you through the process of filing a wrongful death suit, please contact the Cochran Firm. Our experienced attorneys serve clients nationwide.

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