They don’t call it Black Friday for nothing. A woman in a Los Angeles Walmart hit the store at 10:20 pm to grab the holiday deals only to find other customers rushing toward the items that she wanted. Police say that, as the coverings on the items were removed, she pepper sprayed the other customers. Twenty people were injured.
Police Lt. Abel Parga said that she wanted to get “the upper hand” in grabbing electronics. Police are looking for the woman. Presumably, the area was under surveillance making identification more likely.
Once arrested, the woman may want to call pepper spray expert Fox correspondent Megyn Kelly who insists (in relation to the Davis controversy) that pepper spray is just a food product below:
As part of the holiday gift-giving to personal injury lawyers, tort and criminal cases sprung up across the country with reports of injuries and attacks. Stores can be liable in such cases, which have resulted in actual fatalities. One of the leading authorities in the area of promotional liability is the Weirum v. RKO decision, holding a radio station liable for injuries caused to a third party when teenagers drove recklessly to find The Real Don Steele in his marked van. The court held that the reckless driving was a foreseeable response of teenagers to the promise of free concert tickets.
In the case of a criminal assault, as here, Walmart is on better ground and would likely be vulnerable only in its response to the attack if it showed negligence.