The family of Jdimytai Damour, the Wal-Mart temporary-employee who was trampled to death at the beginning of the Black Friday sale last week in Long Island, New York, has filed a wrongful-death suit against the retailer.

Damour’s death was caused by “the carelessness, reckless negligence, wanton disregard for public safety and gross negligence” in the “staging, conducting and advertising for sales events,” said the lawsuit, filed in Bronx Supreme Court.

-Reuters.com: Family of man trampled at Wal-Mart sues retailer, Wed Dec 3, 2008 3:09pm EST

The fact this this man, along with others, was hired as additional security for the retailer’s Black Friday sale at the store seems to imply (to me anyway) that Wal-Mart is not really at fault. The fault lies on the scores of individual citizens that mindlessly and destructively stampeded through the doors. These individuals are the direct cause of Jdimytai Damour’s death.

In last week’s CNN.com article, it was argued that it would be not be possible to isolate individual people on the security video tape to prosecute in the killing because it’s not possible to tell what individuals stepping on Mr. Damour were being shoved or propelled forward by the surge of the crowd behind them.

So, is it right for the victim’s family to place the blame on the retailer? What are the terms of employment that Mr. Damour was contracted under as security personnel — surely that carries a waiver of risk due to the nature of the job?

It’s pitiful and unfortunate that individuals cannot be singled out as responsible for this tragedy. And further so that it’s not possible charge the entire crowd that rushed through those doors for the crime and seek restitution from each participant. But I don’t see how Wal-Mart should be skapegoated for it.

Each person who was part of that stampede should feel remorse and shame in their souls for what happened as the result of their mindlessness and carelessness. Grow up, people. Stop behaving like undisciplined children and understand the consequences of your actions.