Wal-Mart Black Friday Death & New Mexico Work Injury Law

December 6, 2008

We have all heard about the massive crowds that gather for Black Friday. The shoppers that camp out overnight eager to get the best deals. However, things went too far at a Long Island New York Wal-Mart when a temporary employee was trampled by mindless shoppers racing to get good deals on tvs, toasters, toilette paper, or whatever else. The massive crowd barreled down the entryway trapping the employee and costing him is life.

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Such stories are interesting for a New Mexico personal injury lawyer. Claims by employees who are hurt on the job are generally limited by worker's compensation. However, under the new Delgado Opinion, which one of our New Mexico work injury lawyers helped author, injured employees, or their family members, may pursue claims against employers when their injuries were forceable and almost certain to occur. Don't get me wrong, the actual test for what amount to a viable New Mexico work injury case is far more complex, but for now, that essentially sums it up.

According to accounts, Wal-Mart should have known that such a seneraio was likely to occur and is partially responsible for its failure to staff adequate security, place safety barriers, and devise a better plan for its employees. This is not to say that the bargain obsessed shoppers are not also to plain, but under New Mexico work injury law, Wal-Mart may be on the hook as well.