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Vicarious liability?
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Steve e ashton  
#1 Posted : 16 March 2012 15:41:41(UTC)
Rank: Super forum user
Steve e ashton
Anyone else think the case reported by the BBEB is not a proper claim http://www.bbc.co.uk/new...orkney-shetland-17404335 Does anyone think Sainsbury's should be held vicariously liable for a murder or is the murderer "off on a frolic of his own"... Strange. Steve
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MrsBlue  
#2 Posted : 16 March 2012 15:49:57(UTC)
Rank: Guest
Guest
Short answer. If Sainbury knew that there was conflict between the two men prior to the incident should they not have done something about it? Rich
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smitch  
#3 Posted : 16 March 2012 16:43:13(UTC)
Rank: Forum user
smitch
Not having a pop at anyone; but as we are not privy to all the facts then I feel it is not possible or prudent to comment.
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RayRapp  
#4 Posted : 17 March 2012 00:08:25(UTC)
Rank: Super forum user
RayRapp
I don't think vicarious liability has any bearing in this case a both workers were employees unless I have misread the article. An odd but tragic case which only the court can decide whether the employer owed the deceased a duty of care given the information they did or did not know about the accused.
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Canopener  
#5 Posted : 18 March 2012 20:00:20(UTC)
Rank: Super forum user
Canopener
A ‘proper’ claim! It would appear that they feel that they have a case. COULD Sainsbury’s either accept or be found liable? Only time will tell. I don't see why an employer couldn't be found vicariously liable where the actions of one employee injures another employee. Surely this is a regular occurrence? I don’t think that it only applies to the actions of an employee against a ‘non employee’. Happy to be wrong though.
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Phil Grace  
#6 Posted : 19 March 2012 09:20:10(UTC)
Rank: Super forum user
Phil Grace
It is certainly a valid allegation of vicarious liailbtiy. We must wait to see wheter it will be decided in the defendant's favour. In the meantime...... Interesting couple of cases that clearly set out two different sets of circumstances in which an employee sought to hold their employer vicariously liable for the violent actions of a fellow employee. One was agreed whilst the other was not… http://www.manches.com/n...or-an-employees-violence Phil
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Ken Slack  
#7 Posted : 19 March 2012 11:12:32(UTC)
Rank: Super forum user
Ken Slack
Which links nicely to another thread - Compensation Culture, Myth or reality.....
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