View Single Post
Old 06-01-2004, 09:14 PM   #40 (permalink)
rat
smiling doesn't hurt anymore :)
 
rat's Avatar
 
Location: College Station, TX
The facts are that the overwhelming majority of businesses/corporations that are in the industries involving cash registers and/or delivery drivers support policies of compliance with any would-be robberies.

Compliance has been statistically correlated with fewer injuries and/or fatalities when it comes to robbery/standoff situations in these places of business. Whether it be a corporately owned gas station, a restaurant, a store, or any other cash-handling business, the numbers of stores supporting compliance far outweigh any that do not.

There are several issues at hand. One, legal duty to maintain and promote the safety of one's employees to the best of the company's abilities. As stated above, there are far fewer injuries and fatalities in situations involving compliance with demands. The company has a duty to its employees to advocate the course that provides them the best chances of survival or safety from harm. Two, there lies a liability to the company if one of its employees uses excessive force in restraining/disarming any would-be robber on its premises or during the execution of the employees work (ie, on a delivery). In many states, homicide self-defense is only legal if lethal force is first used upon the person defending himself, and ONLY if that person has no chance to flee. This duty to flee creates greater issues when there is a driver with an automobile on a delivery. Excessive restraint/force is grounds for both criminal damages and civil suits in America. Simple fact of life. It's the same reason the police can not simply beat you with nightsticks if you tell them you won't exit your automobile after a traffic stop. They can remove you from your car, but not club you unconscious unless you resist to such an extent as to place their safety in danger. Thirdly, if a delivery person were to chase a would-be robber and the robber ditched their weapon, they could even make a case for assault and battery against the driver if the weapon is not found nearby or their are no witnesses. Add to that the possibility of criminal trespass to private property if any chase goes through the property of other homeowners, and now you're staring at even MORE liability.

Last thing I'd like to point out is that even if convicted, the robber could pursue legal damages through civil court, where the statutes of evidence are not "beyond a reasonable doubt" but rather a "preponderence of the evidence"--simply put, if it's better odds than a coin flip that the company's employee(s) overstepped their bounds, the company will probably end up settling out of court for a hefty sum.
__________________
Quote:
Originally posted by clavus
To say that I was naked, when I broke in would be a lie. I put on safety glasses.
rat is offline  
 

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360