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Thread: Arrests over China Wal-Mart death

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    Re: Arrests over China Wal-Mart death

    It would appear that this is a very complex case. From the links Coronado provided it appears that the employees took their smocks of before chasing the woman down. Whether this was a done in order to avoid making Wal-Mart liable is another question. Regardless, Wal-Mart is handling this very carefully and aiding law enforcement in everyway in the investigation. I would say from my research of China, Wal-Mart will indeed be shouldered with some of this burden.

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by Kandahar View Post
    I don't think that necessarily matters, at least in the United States. If it was that simple, then it should be relatively easy for companies to shield themselves from all agency-related lawsuits. All they would need is an employee manual that basically said "Don't do anything stupid" and provided examples of such.

    It's not that easy in this country for corporations to shirk their duties to keep their customers safe.
    Okay, but do you think they should be held liable? I don't see how Walmart is responsible for the actions of these specific employees. Even if they gave the guards the most basic of guidelines (guard the store) that does not translate into tacit approval of irrational and excessive violence. Does Walmart have to include a beating clause in its security policy?

    Walmart Security Policy.

    Section 1: Walmart security guards are not permitted to-

    a. hastily and wrongly accuse people of stealing and
    b. proceed to beat them to death before conducting an investigation which would confrim or disconfirm the veracity of their accusations.


    I don't think Walmart (or any company for that matter) should be held liable for what they don't tell people to do; only what they do tell them to do.

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by tlmorg02 View Post
    It would appear that this is a very complex case. From the links Coronado provided it appears that the employees took their smocks of before chasing the woman down. Whether this was a done in order to avoid making Wal-Mart liable is another question. Regardless, Wal-Mart is handling this very carefully and aiding law enforcement in everyway in the investigation. I would say from my research of China, Wal-Mart will indeed be shouldered with some of this burden.
    Hmmmm...an interesting detail. I wonder if Orius will pop in here and give us a bit of perspective on this case. I'd be interested in hearing what he has to say about it.




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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by tlmorg02 View Post
    BBC NEWS | Asia-Pacific | Arrests over China Wal-Mart death



    Here is the real question! What will WalMart do to prevent a repeat of this incident, and will they be liable for this? Thoughts?

    Dirty topic stealer, I already posted this in Weird News!

    *edited cuz I dunt spel guud.
    Last edited by theangryamerican; 09-08-09 at 07:09 PM.
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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by tlmorg02 View Post
    BBC NEWS | Asia-Pacific | Arrests over China Wal-Mart death



    Here is the real question! What will WalMart do to prevent a repeat of this incident, and will they be liable for this? Thoughts?
    My thoughts are that I haven't shopped at WalMart for many, many years because of their cranky, unhappy employees, and a pall of discontent hanging over the place. They epitomize all that is wrong with American consumerism.

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by theangryamerican View Post
    Dirty topic stealer, I already posted this in Weird News!

    *edited cuz I dunt spel guud.
    Sorry about that, I have never frequented that section.

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by Ethereal View Post
    Okay, but do you think they should be held liable? I don't see how Walmart is responsible for the actions of these specific employees. Even if they gave the guards the most basic of guidelines (guard the store) that does not translate into tacit approval of irrational and excessive violence. Does Walmart have to include a beating clause in its security policy?

    Walmart Security Policy.

    Section 1: Walmart security guards are not permitted to-

    a. hastily and wrongly accuse people of stealing and
    b. proceed to beat them to death before conducting an investigation which would confrim or disconfirm the veracity of their accusations.


    I don't think Walmart (or any company for that matter) should be held liable for what they don't tell people to do; only what they do tell them to do.
    I think there's a very legitimate reason for the policy that Kandahar is getting at - it incentivizes companies to set strict rules about what their employees can or can't do, and gives them a reason to really enforce it.

    I can definitely envision a scenario where Wal-Mart would be held liable here. If they had a policy saying things like "preventing shoplifting is the most important part of your job, be diligent, if people get away you will lose pay, etc." and that failed to set strict rules about what they couldn't do, they would probably be liable.

    It's very unclear as to what their internal rules are, but going off of what I know about Wal-Mart's policies, it seems likely that they had strict rules in place to prevent this.
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    Re: Arrests over China Wal-Mart death

    In a previous case where Wallmart employee killed a suspected shoplifter, Wallmart paid 750,000 to the guys family. Not sure how Chinese law works or if they have changed their training, but it a precedent against them. I also saw various other articles about people being injured or killed by Wallmart employees in relation to shoplifting. Given Wallmarts size its not statistically that bad, but it doesn't exactly help their case either.

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by rathi View Post
    In a previous case where Wallmart employee killed a suspected shoplifter, Wallmart paid 750,000 to the guys family. Not sure how Chinese law works or if they have changed their training, but it a precedent against them. I also saw various other articles about people being injured or killed by Wallmart employees in relation to shoplifting. Given Wallmarts size its not statistically that bad, but it doesn't exactly help their case either.

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by RightinNYC View Post
    It's very unclear as to what their internal rules are, but going off of what I know about Wal-Mart's policies, it seems likely that they had strict rules in place to prevent this.
    I worked at Wal-Mart way back in 2002. They told us never to accuse a customer of shoplifting, and to get a supervisor if we suspected any funny business. But I have no idea if that was a company-wide policy, a nation-wide policy, or just the specific store I worked at.

    I also remember a couple years ago, the NYT published part of Wal-Mart's (very lenient) shoplifting policy: If someone is caught stealing $25 or less, and they haven't been caught before, then stores are supposed to let them go with a warning. But again, I don't know if that policy is the same in other countries.
    Last edited by Kandahar; 09-09-09 at 02:16 AM.
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