Business Court Case

Court Case:

Outside of a Wal-Mart store in Valley Stream, New York, some 2,000 eager shoppers had been gathering for hours in the cold and dark as they awaited the stores 5 AM opening for its postThanksgiving Day sale (aka Blitz Day or Black Friday). The crowd became increasingly unruly and Wal-Mart even called the police. But the police left without taking action and shortly before the scheduled opening time, the crowd burst through the door and into the store. A temporary worker who had been sent to the vestibule of the store to ready it for the opening was trampled by the surging crowd and eventually died of asphyxiation. Although this was the first fatality, similar incidents have occurred on previous Thanksgiving Day sales including doors knocked off hinges and shattered glass. Employees are instructed to go to the front of the store to deal with the crowd, be safe, and help any customers who are knocked over in the melee. OSHA investigated and cited the retailer for violating the general duty clause by exposing its workers to the hazards of asphyxiation or being struck by the rushing crowd. The citation, which includes a proposed $7,000 penalty, is being appealed by Wal-Mart. On appeal, what should the OSHRC decide?

Instructions for the essay:

Paragraph 1 – What are the legal issues? What are the legal rules that apply to these issues?

Paragraph 2 – How can the legal rules be applied to the court case? What is your conclusion?

Paragraph 3 – Summary of a related court case found that occurred in the last 5 years and how it relates to the above court case scenario either comparing similarities or showcasing differences.

Note:
-This essay needs to be written in the APA format.
-This essay needs to be 100% free of plagiarism.
-This essay needs to include a reference page with the reference for the related court case in paragraph 3. Please also include the internal citation for this reference within paragraph 3.
-Proper spelling and grammar needs to be used.