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KrK
Heavy Artillery For The Little Guy
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join:2000-01-17
Tulsa, OK
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| reply to jc100
Re: Odds are this will pass in most states
said by jc100  :Which is absolutely wrong. Individuals should be held accountable instead of the whole. Sounds good far...
If you get hurt in a store because an employee failed to mop up a broken container, you sue the store. You don;t sue the employee? Why? ... and here's where you go right off the deep end. With most jobs, the employees have a lot to do. They aren't standing around in the aisles waiting for someone to break something and then swoop in to clean it up. They have to be told about it, and then they get over there and clean it up as soon as possible.
My question to you: If there's a broken container on the floor, how come you didn't see it? Don't you watch where you are going? Don't you look where you put your feet? Where's the responsibility for your own actions? Why is it's the employee's fault that you can't pay attention to what you're doing? And.... then there is who broke the container.... Another customer.... so why not sue them? They knocked it down and broke it, it's more their fault then the store or the employee.... So the guilty parties are in descending order: 1) The person who walked into an obvious hazard; 2) The other person who created the hazard, and then a distant third MIGHT be the employees, and only if they were notified or aware of the hazard but failed to do anything about it and made no effort to begin to correct the hazard.
Slip and falls are such BS. Yes, it's raining. Yes the concrete is wet. Yes you are wearing flip-flops which are flat and slide on the wet concrete. Who's at fault? YOU, you're the one responsible.... Not the owner of the parking lot.... sheesh. Sue the employees. Are you an employee somewhere by chance?
The RIAA is trying to claim these students are an agent of the school. It's the schools job to monitor them. I think that is complete B.S. here. Unlike a company paying an employee, the STUDENTS pay the school. It should fall on EACH STUDENT to face the music if he or she is caught, not the whole. Now with this I'd have to agree... and notice that how your blaming the store employee for the individual's actions is exactly backwards to this.
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"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!) | |
jc100
join:2002-04-10
1 edit | Krk,
I agree fully, however, the law is stupid. In terms of the law, you have to sue the store. The store hired the employee responsible for said section. The plantiff's lawyers in court will without a doubt argue he or she should have noticed and cleaned it up in a reasonable time frame. Obviously, there is a lot grey area here. Personally, I AGREE. Slip are falls are the CLASSIC B.S type lawsuits. People NEED TO AND SHOULD watch where they are going. Don't for one second believe i was defending this type of litigious crap. It's frivolous to the MAX. I was merely giving you an EXAMPLE of how the law seems to work. Obviously, this law sucks as will the law when it comes to suing over torrents. Instead of holding those responsible at fault, the law / entity always hits the one with the deep pockets. THAT, was my point. Sorry if it wasn't clear. | |
KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK | Ok, I understand what you're saying. It seemed you were advocating the employees should be sued, not the store.
Not a chance. The person who was the most at fault was the individual themselves. | |
jc100
join:2002-04-10
| Well in some ways I was IF and ONLY if it was pure negligence on the employees's part. If he saw the mess, walked by it, and did nothing and some idiot got hurt. It would be both the idiot and employees fault. However, the idiot won't sue the employee, he or she will sue the store with deep pockets. That is an isolated example. Most times, it goes back to the idiot not watching where he or she was going, and looking for a windfall. Then, ambulance chaser lawyer hits the store with a big lawsuit and the rest is history. | |
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