Laws should be changed to: if you are committing a crime, any resulting injuries cannot be litigated. Maybe this guy should have learned how to swim along with his theft skills…
You’re not thinking this through to the end result.
By your way of thinking:
You trespass on my property. Say, while walking your dog, for example.
That’s a crime. I should legally be able to shoot you, then drag your body behind the house and let you bleed to death, and be immune from the consequences? Because you were committing at most, a minor misdemeanor?
I think what Chuck means is that if, in your scenario of trespassing, the trespasser injures him/herself on your property, they cannot sue you for damages. They need to be responsible for their own actions.
Let them Sue and any $$ Award should 1st be used to pay off ALL Outstanding Fines, Reimburse the Store and make $ Restitution to Any & All previous Theft Victims of “Tavon Talley” …
Then Encourage Valor Security Services guards’ to Counter sue the Estate of Mr. Talley for Emotional pain/suffering & loss of consortium as a result of the Trauma they experiences as a result of his Criminal Acts…
Any remaining $ can then go to the Red Cross to support “Learn to Swim Programs” @ Local Anne Arundel YMCA’s
I realize it’s an unpopular opinion, but the security guard and manager’s authority ended when they left the premises.
Was the shoplifter in the wrong for stealing? Yes. Was he dumb to jump into a pond when he didn’t know how to swim? Yes.
But more likely than not, the court will side with the plaintiff on this case as the store and rent-a-cop exceeded their lawful authority once the kid made it off the store’s property.
Jon,
Are you saying that the manager has no rights to continue a chase in order to recover his stolen goods?
If a thief snatches my wife’s pocketbook on a public sidewalk, I cannot chase him down to recover the pocketbook?
Jon…. I could agree if they had injured him/killed him with a gun or weapon. They did not lay hands on him. The young man jumped into the pond on his own. There was no assault (if the story is accurate) on the part of the security people. Is is beyond terrible that a young man died for shop lifting, but he died at his own doing. I am wondering why there was a delay in calling 911?
Did the defendants have a legal duty to call 911 because someone jumped into a pond? I do not think so as if they did then every time anyone jumped in a body of water the 911 dispatcher would get a call. They only had a moral duty to call when and if they felt the individual needed help.
Um, he could have surrendered. Case dismissed.
Laws should be changed to: if you are committing a crime, any resulting injuries cannot be litigated. Maybe this guy should have learned how to swim along with his theft skills…
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Jon…sounds good to me!
Simple trespass is not a crime.
I think what Chuck means is that if, in your scenario of trespassing, the trespasser injures him/herself on your property, they cannot sue you for damages. They need to be responsible for their own actions.
Let them Sue and any $$ Award should 1st be used to pay off ALL Outstanding Fines, Reimburse the Store and make $ Restitution to Any & All previous Theft Victims of “Tavon Talley” …
Then Encourage Valor Security Services guards’ to Counter sue the Estate of Mr. Talley for Emotional pain/suffering & loss of consortium as a result of the Trauma they experiences as a result of his Criminal Acts…
Any remaining $ can then go to the Red Cross to support “Learn to Swim Programs” @ Local Anne Arundel YMCA’s
The first thing we do, let’s kill all the lawyers, William Shakespeare play Henry VI, Part 2- Old Bill was a smart man he was.
I realize it’s an unpopular opinion, but the security guard and manager’s authority ended when they left the premises.
Was the shoplifter in the wrong for stealing? Yes. Was he dumb to jump into a pond when he didn’t know how to swim? Yes.
But more likely than not, the court will side with the plaintiff on this case as the store and rent-a-cop exceeded their lawful authority once the kid made it off the store’s property.
In best pre-spinoff Gomer Pyle voice, “Citizen’s arrest! Citizen’s arrest!”
I remember that one!
Jon,
Are you saying that the manager has no rights to continue a chase in order to recover his stolen goods?
If a thief snatches my wife’s pocketbook on a public sidewalk, I cannot chase him down to recover the pocketbook?
Surely you jest. No jury lacks common sense enough to fall for that. But then, this is Maryland.
Jon…. I could agree if they had injured him/killed him with a gun or weapon. They did not lay hands on him. The young man jumped into the pond on his own. There was no assault (if the story is accurate) on the part of the security people. Is is beyond terrible that a young man died for shop lifting, but he died at his own doing. I am wondering why there was a delay in calling 911?
Did the defendants have a legal duty to call 911 because someone jumped into a pond? I do not think so as if they did then every time anyone jumped in a body of water the 911 dispatcher would get a call. They only had a moral duty to call when and if they felt the individual needed help.