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View Diary: Walmart - this is going to leave a mark or Wal-Mart Nixed Paying Bangladesh Suppliers to Fight Fire (66 comments)

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  •  The fact that they werent soley in business with (2+ / 0-)
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    elwior, glorificus

    Walmart doesn't mean Walmart is excluded from liability.  Any other company that prevented these changes from being implemented would be equally liable, but the presence of other parties doesn't limit Walmarts liability.  Also, they can say they didn't approve this location, but if its true that they told them not to add more safety features I don't see how they can deny knowledge that their work was being done there.

    I work for a company that has Offshore developers and I know that we have to explicitly state in our contracts with them that we can in no way dictate the work environment.  

    Forgive me if more info has come out recently I haven't gotten my news update for the afternoon yet.

    •  Jeremy - no new facts that I have seen (0+ / 0-)

      I think the challenge for the lawyers representing the victims is finding a venue where they can succeed. I think the US will be a hostile venue for them. What Walmart, and others, have is a set of generic safety standards that they expect their contractors to meet. They don't have an affirmative obligation to inspect the facilities to be certain they are always in compliance.

      I imagine that your company does not have any legal obligation for the occupational safety of its offshore developers.

      "let's talk about that"

      by VClib on Wed Dec 05, 2012 at 01:09:57 PM PST

      [ Parent ]

      •  I agree. (1+ / 0-)
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        A venue would be very difficult.  US courts would be reticent to allow foreign citizens to sue US companies because that would open the door for thousands of lawsuits.  I would be interested to see what the laws of Bangladesh say (although I imagine not much considering they want more people to invest there).  This is one of the tragedies of the Neo-Liberal reforms that have been implemented in third world countries.

        And while my company has no legal obligation for the safety of the ODCs we also can't tell them how to conduct themselves.  So if we told them how to conduct their business in any way legally they might not be considered to be subcontractors at that point.

        International law is confusing as all hell (considering its not really law).

        •  Jeremy - as I noted before (0+ / 0-)

          I believe there will be a US class action lawsuit filed and it will be interesting to follow the case.

          "let's talk about that"

          by VClib on Wed Dec 05, 2012 at 06:26:44 PM PST

          [ Parent ]

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