The family of a man trampled to death during a Black Friday sale has filed a wrongful death lawsuit against Wal-Mart and other defendants for failing to provide adequate security and for creating an environment of mayhem that led to the death.

Did Wal-Mart create mayhem?

That's what the family of 34-year old Jdimytai Damour of New York is alleging. Damour, a 6 foot 5 inch, 270 pound man, was hired by Wal-Mart a week before the store's day after Thanksgiving sale - commonly referred to as Black Friday where stores open before dawn and offer deep discounts to holiday shoppers. According to news reports, Damour was placed in front of the entrance to the store due to his size. However, when the store didn't open on time, the crowd of 2,000 waiting shoppers broke down the doors and trampled Damour. He died shortly afterwards.

His family has filed a lawsuit against Wal-Mart alleging that the retailer "engaged in specific marketing and advertising techniques to specifically attract a large crowd and create an environment of frenzy and mayhem and was otherwise careless, reckless and negligent." They are also suing Green Acres Mall, the complex where the store is located, about 20 minutes from New York City under similar theories of recovery.

Aspects of a wrongful death case

A wrongful death case alleges that a person was killed as the result of another's negligence or other form of liability. Each state has its own wrongful death statute, but most wrongful death claims consist of these four aspects, 1) that the death was caused by the defendant's conduct in whole or in part, 2) that the defendant was negligently or strictly liable for the person's death, 3) that the person is survived by a spouse, children or other dependents or beneficiaries and 4) that monetary damages resulted from the person's death.

So many accidents that result in wrongful deaths, such as the one described above, are preventable. If your family has suffered a wrongful death, contact an experienced personal injury attorney to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential.