Re: Car stolen from car park whilst at work

On Sat, 5 Jul 2008 09:55:44 +0100, scott1
<scott1.2b51993@xxxxxxxxxxxxxxxxx> wrote:


Of course you're entitled to your opinion - you said earlier that you
would have warned your employees if you have been the manager.

yes, I probably would.


If the
average reasonable person would have done this then he hasn't shown the
necessary care.

NO.

This is incorrect

In order to be found liable for negligence in court, it needs to be
*well* below the level that would be expected of the "average
reasonable person".

Not just something which many, or even most people would have done.


Thats it. Whether its unreasonable not to warn others is
neither here nor there - it is reasonable to expect someone to do so as
this is what the average person i.e. you and me would have done.

Your postings altogether in this thread appear to show the same level
of misunderstanding about what is required to make somebody liable for
negligence.

It has to be WELL below what might be expected of a reasonable person.

And even "what might be expected" of a reasonable person is less than
what an *average* reasonable person would do, it is what *most*
reasonable persons would do.


You shouldn't get annoyed Alex - you find my defination of Negligent a
lesser one, but yours is the other side of the scale. Some middle
ground might be more to our liking.


I'm not annoyed.

And this isn't about what definition *I* would like for negligence. Or
even about what most people might think it meant in everyday
conversation.

If you are going to have Asda found liable for negligence, then it is
all about what a *court* will consider negligent.

And a wikipedia definition is utterly irrelevant to that
consideration.



As for the door - the average person wouldn't try the door, but a thief
just might - what do you think? I believe a nice staff only sign
wouldn't go amiss.

I agree that a sig would be extra help, but I don't think it would do
as much as the keypad already does.

And while a potential thief *might* try the door just to see if the
keypad is working, I don't think most would unless they happened to
notice a staff member going through without using the keypad.



With regards Asda, I have had an email to state that the manager should
have a regular car park patrol - which he doesn't.

That sufficient deterent signage exists -

And they will expect him to warn employees of crime in the car park
because a REASONABLE person would do this - just like he has done for
the locker room - both are places with at your own risk signage.


Asda may well require him to do those things.

And that is very probably going beyond what is *necessary* to make
sure they are not being negligent.



Again - I'd like to thank you for your reply Alex - and I'm not
grabbing at straws, a reasonable person remember. Its not reasonable to
assume that 300+ staff whom are constantly changing and working
different shifts even know one another let alone talk.

I didn't realise it was *that* horrible a place to work. Or that the
store in question was that large.

Admittedly, I have never worked in retail, but there has never been
anywhere that I *have* worked that such a thing would not become
common knowledge around the building within a very short space of
time. And quite a few places I have worked have had a lot more than
300 staff.


Its also
unreaonable to dismiss something because it has only a 1% chance of
happening in your belief.

But then I haven't done so.

But it is perfectly reasonable for the manager to work on the
assumption that when something *has* happened, it was the very much
more likely cause than the unlikely one.

That doesn't mean he should completely dismiss the possibility of it
being the very much less likely cause, and I doubt very much he has
done so.


The reason Alex, that he cares and warns people about the locker thief
is because he believes that they are stealing from the store itself.

You seem to be getting increasely unfair and unreasonable - maybe I am
grasping at straws - maybe you're an employee of Walmart. Who knows.

I am not getting at all unfair or unreasonable, it is you who are just
determined that regardless of what anybody else says, they *must* be
guilty of negligence, because you think they *could* have done more.

They certainly could have done more.

And many people in his position *would* have done more.

But that doesn't mean he has failed in any legal duty because he
didn't.
--
Alex Heney, Global Villager
In /dev/null no one can hear you scream...
To reply by email, my address is alexATheneyDOTplusDOTcom
.

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