Karalee Alaine Williams, an adult, entered a Baytown, Texas, Walmart on nine different occasions over a period of 27 hours in 2016 and bought, in total, at least 60 cans of aerosol dust remover. She purchased a towel and cans of dust remover during her first visit on April 10. On a second visit that day, she had soiled herself, but she bought additional cans and told the checkout employee she had suffered a seizure in the parking lot. The next morning she entered the store naked from the waist down. Several employees noticed her condition and some of them gave her a towel and a “sundress.” She bought ten more cans. On subsequent visits, she bought more cans of dust remover. Early on the morning of April 12, 2016, she died in the Walmart parking lot from the effects of inhaling dust remover. Her body was discovered the next day. Williams’ mother, Deleese Allen, sued Walmart claiming, among other things, that Walmart was negligent in repeatedly selling aerosol dust remover cans to her daughter, especially after employees knew she was behaving erratically. A federal district court dismissed Allen’s complaint, ruling that she had failed to state a claim of law, and the Fifth Circuit Court of Appeals affirmed that decision. Essentially, the courts reasoned that Walmart did not owe a duty of care to Allen to protect her daughter, and therefore, Walmart could not have any legal responsibility for her death. Furthermore, the sales were lawful since Williams was an adult. Walmart apparently did not violate either criminal or regulatory provisions of Texas law. 

Questions 

1. Who should we blame for Williams’s death? Explain. 

2. Broadly, how do we decide where blame lies? 

3. a. Should Walmart have refused service to Williams when she appeared in the store without clothing from the waist down? Explain. 

b. If so, how do we decide what forms of behavior, expression, and appearance would justify denial of service? 

4. How do you feel about the following online comment from “HBT” about the Williams case: Walmart is a store, not a babysitter. Why should there be any liability.[sic] If someone is that deranged, or have addictive personality,[sic] let them inhale and deal with the consequences. There are warnings on the can anyways. Common sense.”