Black Friday 1994

[YoshiEgg25]

The difference is that football players know the risk. Shoppers shouldn't have to take possible bodily harm into account when going to the mall.

Just give everyone in line one of these:

[Limewater]

The difference is that football players know the risk. Shoppers shouldn't have to take possible bodily harm into account when going to the mall.

Shoppers know the risk of shopping on Black Friday. It always makes the news.

Conversely, I wouldn't expect the six-year-old in the peewee leagues to know the long-term damage he's potentially subjecting himself to.

I agree with you that Black Friday sucks, and I wish it didn't exist. I just really don't think it's the government's place to step in. I'm not a fan of blue laws, either.

[dedalusdedalus]

1. New Putnam, Conn.: Armed robbery
A man waiting in line for a PS3 during the 2006 release was hospitalized when two robbers demanded the $2,500 the man had brought with him to purchase several of the consoles, shot him in the chest and fled. The man initially refused to leave the line despite his injury, but paramedics eventually convinced him to go to the hospital. He survived the incident.

What a trooper. Sony should have used this story to promote the PS3.

On a more serious note though...I'm curious if anyone has ever successfully brought a lawsuit against a retailer for injuries arising out of a Black Friday sale.

I think there's a good argument that the elements of a tort are all present here:
a) Duty - the retailer owes a legal "duty" to its customers as "invitees"
b) Breach - the retailer breaches this duty with its failure to take reasonable protection against a "foreseeable" injury
c) Injury - an injury is suffered
d) Causation - the injury is "actually" and "proximally" caused by the breach of duty.

If anyone's ever won a Black Friday lawsuit against a retailer using a similar legal theory as the one I outlined, I'd argue that retailers already have a financial incentive to make Black Friday as safe as economically possible.

[dsheinem]

The difference is that football players know the risk. Shoppers shouldn't have to take possible bodily harm into account when going to the mall.

Shoppers know the risk of shopping on Black Friday. It always makes the news.

Conversely, I wouldn't expect the six-year-old in the peewee leagues to know the long-term damage he's potentially subjecting himself to.

I agree with you that Black Friday sucks, and I wish it didn't exist. I just really don't think it's the government's place to step in. I'm not a fan of blue laws, either.

I don't want the government to step in. Wishing it was illegal isn't the same as actually wanting the government to step in and stop it.

I do know that some companies - including Wal-Mart after the 2008 death - tried to change some of their policies (such as changing hours, nipping some of their more insane deals in the bud, and toning down the hoopla). I can only hope that other companies follow suit and these stampedes will eventually be a thing of the past.

Following deadalus above, there have been lawsuits won. Unfortunately, those suits are probably the reason for the changes (instead of corporate responsibility).

[dedalusdedalus]

Following deadalus above, there have been lawsuits won. Unfortunately, those suits are probably the reason for the changes (instead of corporate responsibility).

The corporation, as a creature of the law, doesn't possess a conscience or a sense of ethical responsibility. In this case, however, tort law has successfully aligned the corporation's financial interests with the general societal good. The system worked this time.

[dsheinem]

Following deadalus above, there have been lawsuits won. Unfortunately, those suits are probably the reason for the changes (instead of corporate responsibility).

The corporation, as a creature of the law, doesn't possess a conscience or a sense of ethical responsibility. In this case, however, tort law has successfully aligned the corporation's financial interests with the general societal good. The system worked this time.

Agreed, though I wonder how many more lawsuits it will take until things reach a more reasonable level. The spike in Black Friday violence is really only in the past decade or so - it would be nice if we could see it return to a level where we no longer expect annual reports of injury or death.

And while the corporation as an entity may not have a conscience, the people who run them should and sometimes even do.

[Limewater]

I don't want the government to step in. Wishing it was illegal isn't the same as actually wanting the government to step in and stop it.

I see no distinction between wishing something was illegal and wanting it to be illegal. However, I trust you that there is one. Thank you for clarifying your position.

[Jbroderway]

Wow.didn't mean to make such a hot topic.

I love black friday. I have went around nine a.m. and have snagged insanely low deals on DVDs. I just bought a blu ray player and this year I will be targeting making my blu ray library grow.

In 1994 I would have spent my black Friday funds on snes games in the dump bins. Imagine a new in box sunset riders or mortal kombat 2..... That was the original intent of the thread.

[CRTGAMER]

The difference is that football players know the risk. Shoppers shouldn't have to take possible bodily harm into account when going to the mall.

Actually I think most know the risk and should get bodily harm.

I really don't get why more retailers don't extended Black Friday into a two week sale. Have the bait buys to bring in the crazed lunatics with the overdrawn debit charge cards. They could even spread the madness all the way to Christmas.

[Erik_Twice]

The problem is not Black Friday, huge amounts of people are intrinsically dangerous and you are likely to find a moron somewhere along the line.