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BarneyBadAss
Badasses Fight For Freedom
Premium
join:2004-05-07
00001

legal question about sales like those seen on TV RE: BF

So, I’ve been mulling about this off and on all day and haven’t quite formulated any kind of opinion which seems reasonable.

I’ve been wondering about if a store could be culpable for someone’s injury encountered by a “Black Friday” sale.

I’m sure we’ve all seen things on TV where say ‘STORE _X_’ has some high demand product on sale for astoundingly low prices, the hitch they only have say ‘n’ of them available at this price.

So in a hypothetical scenario, say a person arrives at the store’s location, stands in line, and is subsequently injured by the “mass” of the crowd moving forward just as ‘STORE _X_’ opens its doors.

With all this observable hysteria and insanity amongst some of the population trying to get one of ‘n’ products at some price that ‘STORE _X_’ is loosing money, if the consumer is injured does ‘STORE _X_’ have any liability?

I’ve argued with myself all day and can see several sides of the conversation and just can’t come up with a reasonable opinion.

On one hand I can see this being almost the equivalent of yelling ‘FIRE’ in a crowded theater. We all know it’s illegal to do so.

On the other hand, this is somewhat akin to doing something that incites a near riot like scenario amongst the crowd.

Wouldn’t the ‘STORE _X_’ be on better legal grounds if they just didn’t advertise these kinds of things and let those interested in shopping on ‘Black Friday’ arrive and find out what’s available?

Anyway, you’ve got my question, I’m hoping some of the legal folks here can toss out some thinking on this hypothetical scenario.

If it rests anyone’s mind, no I didn’t go shopping, no this didn’t happen to me nor anyone I know… it’s just a question that popped up in my twisted mind.
--
---Barney


Jehu
Premium
join:2002-09-13
MA
kudos:2

1 edit

I was asking myself this same question the other day when I heard about the various scuffles from the PS3 launch a week ago.

I thought for sure that say, Best Buy could be sued by someone injured while waiting in line overnight, but after speaking at length with the owner of a retail chain, I believe the law would favor the store in such a case, although some good lawyering might prove otherwise.

You can get mugged outside a store and not sue the store, so if a group of people decide to camp out or line up outside a store and get hurt, same deal.

However, given the circumstances, the fore-knowledge of hype, and people lining up 24-48 hrs ahead of time, a persuasive argument could be made about "reasonable expectations" from the retailer regarding safety, order, but again I think it would just come down to fancy lawyering.
--
Movies by Lynch


BarneyBadAss
Badasses Fight For Freedom
Premium
join:2004-05-07
00001

I'm in no position to argue with you. I'm no lawyer or attorney.

I'm sure it would be a very interesting legal battle and I presume the outcome would cause 'STORE _X_' not to advertize these highly sought items at stupendsly low prices.

I can certainly envision the prices not going away, just not advertized so those that go looking for 'deals' might find them. The advantage (from my view) is, the store didn't do anything to incite or otherwise cause the "mob" effect; thus; likely absolving 'STORE _X_' of any direct liability, because they didn't participate in causing the panic.

I don't know about you, but for the most part I've found the significant number of 'store managers' don't know their heads from holes in the ground when it comes to liabilatiy issues.

I took two years of law in college and wound up knowing more about contract law than the majority of 'store managers' I've dealt with and those courses have served me well over the years.
--
---Barney



Jehu
Premium
join:2002-09-13
MA
kudos:2

said by BarneyBadAss:

I'm in no position to argue with you. I'm no lawyer or attorney.
Ditto.. It would be a very interesting case
--
Movies by Lynch

BarneyBadAss
Badasses Fight For Freedom
Premium
join:2004-05-07
00001

I hope one of the legal folks here will chime in with thier observations and thoughts; not that I'm looking for any legal precident.. but it would be intersting to hear their thinking
--
---Barney


GhostDoggy

join:2005-05-11
Duluth, GA

reply to BarneyBadAss
If one is concern about being injured on one of these event-days then I would question their sanity, their ability to make wise decisions for their safety, etc., etc., etc.

Considering you could step off the sidewalk to cross a street and get run down doesn't mean you should take the city to court in a suit because it happened in the city.

Personally, if someone get's injured going to one of these events it will be another case of natural selection at work.


ralphy2k

join:2002-12-11
Grand Prairie, TX

reply to BarneyBadAss
In a country where a criminal breaking into a house can sue the homeowner if he gets injured, I wouldn't put anything past our civil court system. More than likely, the company would just buy the person off with hush money.


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