Another cause of Thanksgiving/Black Friday stress? Lawsuits

By John O’Brien | Legal Newsline
The Center Square

Though generally seen as a two-day holiday for eating and spending, Thanksgiving and Black Friday also present increased risks for lawsuits alleging anything from turkey explosions to shopping injuries.

One man even went so far as to sue Thanksgiving itself, and a consumer group has issued an alert to keep families and businesses out of courts.

“Thanksgiving should be about family, food, and gratitude — not lawyers circling your turkey fryer or your storefront,” said Lauren Zelt, executive director of Protecting American Consumers Together.

“When law firms openly advertise for deep-fryer burn cases and Black Friday stampede injuries, it’s clear America’s lawsuit culture has gone too far. Families and small businesses deserve to enjoy the holiday without fearing a lawsuit on their doorstep.”

Cooking a turkey has become a catalyst for lawsuits (given most Americans do it only once a year, maybe the country needs more practice). Deep-frying is particularly dangerous, and the U.S. Fire Administration and National Fire Protection Association have warned against using traditional fryers.

It is said those fryers are responsible for more than $15 million in property damage each year. Oil can spill over, frozen turkeys cause the oil to catch fire and unstable stands tip the whole thing over.

Some firms advertise their services for these calamities, plus injuries caused by overcrowding in the kitchen. Fires, burns and appliance malfunctions are listed as potential subjects for lawsuits.

All of that, plus the stress of hosting family, can frustrate anyone. Jonathan Lee Riches, a noted filer of frivolous lawsuits, was a federal inmate when in 2007 he decided to sue “Thanksgiving, Pilgrims, Mayflower Movers, Pilgrim Pride, Turkey Hill, Black Friday, Corn on the Cob” and the Cleveland Indians.

A federal judge stopped the $100 million complaint from going forward, as none of those defendants could be sued for civil rights violations.

“Plaintiff states that the Thanksgiving holidays ‘offend’ him,” the judge wrote. “He alleges his Sixth Amendment rights are being violated because he cannot spend the holidays with his friends and family.”

Thanksgiving was “responsible for his mistreatment,” Riches said.

Retail stores are alleged to do the same for shoppers around the country on Black Friday. Walmart is a popular defendant, having been sued for out-of-control crowds, treatment of customers and falling turkey fryers. It paid $2 million in criminal fines in a case filed after a worker was trampled to death in 2008.

The family of that worker, Jdimytai Damour, received $400,000 from the criminal settlement and sued Walmart in civil court for wrongful death. The lawsuit alleged “an environment of frenzy and mayhem.”

PACT suggests that businesses plan ahead for crowds and have adequate staff, plus making sure liability insurance is in order. Homeowners should also double-check their policies and consider putting the deep fryer away, it adds.

“Thanksgiving weekend should be spent celebrating, not worrying about lawsuits,” the group says.

“But as long as lawyers aggressively advertise for holiday-related claims, consumers and small businesses must remain vigilant.”