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Are companys just free to hire felons? Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by CBEV43, May 31, 2009.

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  1. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Let me know what browser you're using. Works perfectly on all 3 PCs for me in different browsers. If you were trying to view earlier, perhaps it was during the import of about 220,00 listings in the Lawyers database, which is finally virtually done. Looking now, it's all still working well.
     
    Green_Hornet likes this.
  2. CBEV43

    CBEV43 Law Topic Starter New Member

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    I spoke to several attorney's in DC, VA, and MD (She lives 5 mins outside of DC) back in March. Everyone except one was interested in getting her case. All the major law firms said she has a case, but of course nothing is slam dunk. I kept hearing a certain theme with everyone I called which was "Scope of Employment". Others mentioned several other issues but none gave any advice on "Him being already a convicted felon". Now I see that might have no legal standing.

    I really just want justice for her, since not only is she a veteran, who served her country proudly for 5 1/2 years, but she is only 25 yrs old and a single mother of one. She lost everything, including her job. She is not the same anymore, even with all this intense therapy she is going through. Not even our relationship is the same. We rarely see each other anymore. I just want my friend back. Honestly, we haven't spoken in awhile, and I am not sure if she finally got an attorney or not :(

    Another reason I am trying to disscuss this here: maybe someone else is going through something similar and can see they are not totally hopeless.

    Thank you very much everyone. Green Hornet thank you very much and thanks for looking for other similar cases in VA.
     
    Last edited: Jun 1, 2009
  3. Green_Hornet

    Green_Hornet New Member

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    I'm sorry to tell you this, she wont get justice. Justice would be two pro wrestlers working this guy over for 20 minutes with baseball bats before he is gelded (sausage, balls, and all). That said if she lives in a good area for finding counsel. Scope of employment is the problem as was pointed out earlier the guy called her off the property, more than likely off the clock. If you cant find an attorney to take it, then its a tough case. This type of litigation is expensive to launch, and usually done on contingency fee.

    One other thing L.P point out settlement talks has a claims adjuster from the gym showed up to try to make a settlement offer? There are firms that can coach you through the settlement negotiations for a nominal fee, if the case does not rate an action.
     
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  4. Green_Hornet

    Green_Hornet New Member

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    Browser is Internet explorer, I don't know the cable went down earlier and dropped Internet service and T.V. I don't know whats wrong, I logged off then logged on same problem. I could have corrupted file or something.

    I hope its just this one thread. Like I said 1st page stops at post #10 2nd page starts post #16. Any way I don't want to screw up the thread on a computer issue if I see any problems I'll post it elsewhere.
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    1) The technical problem - I think it's a cache issue. You may have to clear your cache - tools>browsing history-delete (you'll see the options.) That's my guess.

    2) Regarding the case itself - I am sure all the legal vultures descended for the opportunity to try to wrangle some money out of Bally's - a deep pocket (my apologies to my friends here who are PI attorneys whom I know read these posts! LOL) Regarding whether Bally's should be liable for hiring a convicted felon, I don't know the important details and there can't be a law that would just make it impermissible by "strict liability" in doing so. The point of punishment is to say that a person can be rehabilitated, they paid their debt to society and have learned and move on. So on this point, cbg is 100% correct - there is no strict liability law of which I'm aware that makes an employer liable for damages on that fact alone.

    Here's a thought - should a convicted felon be ostracized from society for the rest of his/her life because of that conviction alone? What do you know about it? I had a friend who had that brand for his short unfortunate life, having been the victim of being bipolar. In one short moment when he was a teenager when he was off his medication (which apparently was exhausting at times), he charged up $3000 of items on his aunt's credit card. The aunt decided to punish her own flesh and blood and press criminal charges and brand him a leper forever. He's never had any other issue, felony or misdemeanor or otherwise and you'd never know it from his conduct.

    Putting that aside, Hornet's opinion is that even if there isn't a law, there still is enough smoke for you to investigate a claim. Apparently you have, but even if there is a possible issue of comparative liability that Bally's created an unsafe environment, the lawyers are trying to assess whether or not it's worth potentially going to trial if you're not going to make much money. It costs money to go to trial. We still don't know the important facts and I'm guessing the problem is that Bally's was just the medium which introduced the victim to this bad person but perhaps not close enough in proximity to say that they had any reason for blame as to what eventually happened, e.g. he offered to give her a free, off campus personal massage. Unless Bally's knew or should have known that he presented a significant danger to clientele, there is going to be a small amount, if any, of comparative negligence found.

    Let me ask you this - what if you introduced a guy to a girlfriend whom you knew occasionally from hanging out in a bar after work. Seemed like a nice enough guy. He then proceeds to make unauthorized charges to your friend's credit card after taking down the number when she left for the ladies room after leaving the card to pay for dinner. Turns out that he was convicted of stealing money 20 years ago when he was a teen. Should you be guilty of making the introduction and pay her for the eventual loss she suffered? Could you have known? Should you have known? Should that have made much difference? While there may be feelings of remorse and guilt, there isn't and shouldn't be liability for being the innocent matchmaker. While it's not exactly the same, I'm just trying to raise the point to help you understand why while this horrible thing happened, you can't just say that the matchmaker should bear liability for everything. We just don't have the important details. In America, we have this unfortunate perception that when anyone suffers injury, SOMEONE has to pay for your damages, whether or not they are really to blame or should be held to blame for damages. Especially in this economy, this practice will likely slow.

    I wish your friend the best of luck and am so sorry to hear about what happened. I really do feel the pain and understand why you feel an animosity towards the person/company that made the introduction. We simply don't know enough facts about the case to make comment on whether there was negligenc involved. Chances are if you've shopped around several law firms and getting the same answers that they haven't missed anything and the facts just are what they are.
     
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  6. CBEV43

    CBEV43 Law Topic Starter New Member

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    Bally Total Fitness filed for Bankruptcy (Chapter 11) on Dec 3, 2008. The rape occurred on 10/28/2008. He was convicted March 5, 2009. I read that Bally's is basically erasing everything before Dec 3, 2008 IF you didn't file a claim by March 6, 2009. My best friend didn't know this and wasn't notify by Bally's till June 2009. Does this mean her "possible" claim is gone? And which date do they count, the day of the allegation (10/28/08) or the day of the conviction (3/5/09)? I basically want to know if this banruptcy is going to null the whole case. I got all my info from http://www.kccllc.net/bally Please help.
     
    Last edited: Aug 13, 2009
  7. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I don't know for sure but, if there is a claim, it isn't extinguished by the bankruptcy filing. That deals with actual debts, not potential lawsuits.
     
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  8. jamrhein

    jamrhein New Member

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    Obviously companies are free to hire felons, as if they weren't, then felons would have to go back to being felons.
    Eyaya's sex offender registry site record proves he was not a sex offender before this incident.
    Sex offender registry records sites are public record, and do not include any criminal record info, other for sex crimes.
    Any other crimes, including felonies, are not public record.
    Unfortunately, it looks like the rapist has a lawsuit as well. By looking at the four counts he was charged with, he was charged with the same crime twice, of which constitutes double jeopardy, being punished for the same crime twice, which is illegal; and they also charged him with the lesser included offenses, of the rape charge, which is also illegal.
     
  9. CBEV43

    CBEV43 Law Topic Starter New Member

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    Thats not Double Jeopardy. I may not know a lot about the law, but are you telling me that someone can't be charged with two counts of rape, or murder? He committed two counts of sodomy and they gave him a lesser charge of two counts of aggravated sexual assault. It was part of his plea deal. Ask anyone on here, it is not double jeopardy. If someone orally sodomize you and anally sodomize you, those are two different counts of sodomy. If he orally sodomizes you three different times, that constitutes 3 different charges of sodomy as well. It is not double jeopardy, I can bet my life on that.
     
    Last edited: Aug 18, 2009

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