Black Friday, the day after Thanksgiving, has been a tradition in the United States since 1961. The term began in the Philadelphia, Pennsylvania, area; by 1975, it was a household term. Deep discounts, sometimes up to 80% off, are to be had by those who are willing to go to extreme measures such as camping out at the store the night before. What started out in good fun to save some money has turned into a dangerous situation in the last few year. Killings, muggings, and lawsuits galore now tarnish the name. Here are some of the most famous Black Friday lawsuits to date.Phantom Discounts
In order for retailers to still make a profit on their “doorbuster” deals, some have marked up the items in order to make an exaggerated sale. In 2012, several big name retailers were accused of making phantom discounts. The lawsuit said that the discounted inflated price was equal to or similar to the regular retail price; as a result there was no sale really to be had. There were three or more big name retail stores names as defendants. The case was ruled in favor of the retailers. According to the Federal Trade Commission’s guidelines there was nothing illegal or unethical that had taken place.
Shoplifting vs. Trampling
Gerald Newman was shopping for an unbeatable video game deal. Allegedly police tried to arrest him for a shoplifting attempt to which he resisted arrest. He said that he was helping his grandson who was being trampled by a frenzied crowd. He filed a $500,000 lawsuit against the town of Buckeye, Arizona, for police misconduct. This was in 2011; by the same time in 2012, no shoplifting charges had been levied against him. Newman settled for $30,000. The settlement was largely due to the Arizona Department of Safety had recommended action against the police officer; however, the Maricopa County Attorney’s Office had failed to act.
Wrongful Death
Jdimytai Damour, a seasonal employee of a big box retail store, was trampled to death in a stampede when the doors opened at 5AM. There were over 1,000 individuals waiting in line when the doors were opened. He and seven other physically large employees were told to watch the entrances and be there for crowd control. Because the individuals at the end of the line did not realize what was happening, they continued to surge inside, causing Damour to be crushed. His family sued for wrongful death. They planned to sue the company as well as their marketing firm. The county and police department were also named as defendants. Overall the company was found at fault by OSHA by not training their employees properly in crowd control. They were fined $7,000. The company paid Damour’s family $2M in the lawsuit settlement.
Overall some Black Friday lawsuit have significant merit while others are just foolish. While this informal start to the holiday season seems to be growing crazier each year, it is important to remember to stay safe. Doing comparison shopping can avoid overpaying for items; Black Friday deals are also becoming increasingly available online.
Theisen & Roche are wrongful death attorneys in Chicago and Wheaton, IL.
