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dgnx6
Atlanta Braves Fan
Baton Rouge
Member since Feb 2006
48750 posts
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re: Montana couple sues Albertsons after knife slashing
quote:

We elect lawyers to public office


Like our lovely governor.


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DemonKA3268
LSU Fan
Parts Unknown
Member since Oct 2015
17280 posts

re: Montana couple sues Albertsons after knife slashing
quote:

We are an overly litigious society, but this case isn't one of those.


Suing the shopping center is overly litigious.


VABuckeye
Ohio State Fan
Naples, FL
Member since Dec 2007
30606 posts

re: Montana couple sues Albertsons after knife slashing
quote:

Should the employer always be held liable for the actions of the employee?


At their place of business? Uh huh.


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Scruffy
USA Fan
Kansas City
Member since Jul 2011
66802 posts
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re: Montana couple sues Albertsons after knife slashing
quote:

Companies have been held liable for their employees off property.
I am not surprised.


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jmarto1
LSU Fan
Houma, LA/ Las Vegas, NV
Member since Mar 2008
28621 posts

re: Montana couple sues Albertsons after knife slashing
A business cannot and should not be liable for every action of their employees. It isnt reasonable to expect the business to control 100% of an individual's behavior. This is how we get an over regulated society as well as a society that mires us in special needs


dgnx6
Atlanta Braves Fan
Baton Rouge
Member since Feb 2006
48750 posts
 Online 

re: Montana couple sues Albertsons after knife slashing
quote:

Suing the shopping center is overly litigious.


Well, do they provide security that wasnt there, do they have lighting that wasnt working?

There are ways you could find them at fault.

Not saying it's right or that they were at fault in this particular case, but i could see where a center could be held liable for something like this.

I do think we are an over litigious societ, but getting stabbed by a violent employee with a violent background while you are just trying to get groceries isnt it.
This post was edited on 9/20 at 12:32 pm


Scruffy
USA Fan
Kansas City
Member since Jul 2011
66802 posts
 Online 

re: Montana couple sues Albertsons after knife slashing
quote:

A business cannot and should not be liable for every action of their employees. It isnt reasonable to expect the business to control 100% of an individual's behavior. This is how we get an over regulated society as well as a society that mires us in special needs
Just so you are aware, that is apparently a crazy viewpoint.


GreatLakesTiger24
LSU Fan
Louisiana
Member since May 2012
45092 posts
 Online 

re: Montana couple sues Albertsons after knife slashing
quote:

Well, do they provide security that wasnt there, do they have lighting that wasnt working?

this is why we wait and see instead of doing the "lawyers and lawsuits r bad!" virtue signal.


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DemonKA3268
LSU Fan
Parts Unknown
Member since Oct 2015
17280 posts

re: Montana couple sues Albertsons after knife slashing
quote:

There are ways you could find them at fault.


Unfortunately, you are correct.

quote:

Not saying it's right or that they were at fault in this particular case, but i could see where a center could be held liable for something like this.


It's not right but as we see here, it happens.


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Elleshoe
LSU Fan
Rosy Finch Boyz
Member since Jun 2004
141198 posts
 Online 

re: Montana couple sues Albertsons after knife slashing
quote:

I asked, So, no matter what the felony, they should be held liable? What if it was malfeasance in office? Felony DWI?

Care to answer or are we going to get another zinger?


I think your question was answered before you asked it.


dgnx6
Atlanta Braves Fan
Baton Rouge
Member since Feb 2006
48750 posts
 Online 

re: Montana couple sues Albertsons after knife slashing
quote:

ust so you are aware, that is apparently a crazy viewpoint.


If i work at Burger King or any similar place and put a razor blade in your sandwich.

Who are you coming after for civil? Me that makes $8/hr? No, you arent.

This post was edited on 9/20 at 12:39 pm


CocomoLSU
Penn State Fan
Inside your dome.
Member since Feb 2004
142438 posts

re: Montana couple sues Albertsons after knife slashing
This thread is very strange to me. So this guy is a current employee at Albertsons, and was wearing the vest (meaning he was presently "at work" I assume?), and attacks someone in the parking lot.....and people are arguing that Albertson's shouldn't be liable for their own employees on the clock and on company property? On the surface, that seems like crazy land to me.

How in the world would Albertson's not be responsible for its own employees in that scenario? It's not like an employee murdered someone at his house, or on vacation...or one of its employees gets drunk on the weekend and kills someone in a car accident. Of course the store shouldn't be liable for something like that. But how in the world should the store not be liable for something its employee did at the damn store?


Elleshoe
LSU Fan
Rosy Finch Boyz
Member since Jun 2004
141198 posts
 Online 

re: Montana couple sues Albertsons after knife slashing
quote:

But how in the world should the store not be liable for something its employee did at the damn store?


especially when he was convicted already of burglary.


DemonKA3268
LSU Fan
Parts Unknown
Member since Oct 2015
17280 posts

re: Montana couple sues Albertsons after knife slashing
quote:

I think your question was answered before you asked it.


Maybe so. If the guy was on parole for attempted murder and Albertsons hired him, then they could be held liable. Not sure with burglary. It's also why I provided the other 2 examples.

I get why they would, money. Not going to get it from the perp in this case.



Weekend Warrior79
LSU Fan
Member since Aug 2014
9103 posts

re: Montana couple sues Albertsons after knife slashing
quote:

not hiring violent felons on parole would be my first thought to avoid having your customers at risk of death from your employees

That will play out well as receiving and maintaining gainful employment is often a requirement of said parole. Part of the whole get ingrained back into society.


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21
chryso
Baton Rouge
Member since Jul 2008
9236 posts

re: Montana couple sues Albertsons after knife slashing
quote:

Not hiring felons.


You would prefer they return to crime in order to eat?


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DemonKA3268
LSU Fan
Parts Unknown
Member since Oct 2015
17280 posts

re: Montana couple sues Albertsons after knife slashing
quote:

convicted already of burglary


Yeah, being a burglar always means they will try to cut someone.


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CocomoLSU
Penn State Fan
Inside your dome.
Member since Feb 2004
142438 posts

re: Montana couple sues Albertsons after knife slashing
quote:

especially when he was convicted already of burglary.

But his past doesn't really matter anyway. He could be a straight A student and valedictorian of his college MBA class. If he assaults someone on property while at work, the store should be liable for that, at least partly. It's their employee.


Bard
LSU Fan
Poli Board President-Elect
Member since Oct 2008
41802 posts
 Online 

re: Montana couple sues Albertsons after knife slashing
quote:

The couple is asking the court to find Albertsons guilty of actual malice and pay punitive damages.


Agreed.

quote:

The couple also wants the court to find that Tremper, which leases space to Albertsons, should have exercised more reasonable care and must pay damages as a result.


Disagree. It's not the property owner's responsibility to make sure their leasee is providing adequate hiring practices nor adequate security from the leasee's employees.


GreatLakesTiger24
LSU Fan
Louisiana
Member since May 2012
45092 posts
 Online 

re: Montana couple sues Albertsons after knife slashing
quote:

If the guy was on parole for attempted murder and Albertsons hired him, then they could be held liable. Not sure with burglary.
in which state do you practice law?


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