Are you serious?

[drag n' fly]

I cannot believe this! Had no idea there was such a hot market for razor blades!




Shoplifter awarded $12,000 in damages

(CBC) - An admitted shoplifter has been awarded $12,000 for injuries he suffered during an altercation with a security guard and a store manager at a Superstore in B.C.'s Lower Mainland nearly three years ago. Daniel Baines admitted in court that he was trying to steal more than $100 worth of razor blades from the Superstore in Delta in August 2004.

The two employees grabbed him by the arm as he tried to leave the store. Baines tried to pull away, and the three men began to struggle.

All three ended up stumbling down the stairs, and Baines got kicked and punched during the altercation that led to his arrest.

He lost a tooth, and said he can no longer chew properly or speak properly.

Baines sued the store, claiming the use of force against him was not justified.

The store's lawyer argued that Baines was the author of his own misfortune; that when he stole the razors he should have expected to get stopped, and that Baines shouldn't have resisted when the security guard grabbed him.

In the end, B.C. Supreme Court Justice William Ehrcke ruled Baines did not deserve to be kicked or punched, and assessed damages at $15,000.

But he also decided that Baines was partly at fault, assessing his responsibility for his injuries at 20 per cent, reducing the award by $3,000.

 

[F4disneyfan]

This is why somone who steals something should ultimateley give up his rights. I mean they are a theif they have no rights to sue if they are hurt during apprehention.

 

[PrincessNED]

Let's hope he nicks an artery the next time he's shaving.

 

[declansdad]

This is why somone who steals something should ultimateley give up his rights. I mean they are a theif they have no rights to sue if they are hurt during apprehention.

That would open the door to some serious uses of unreasonable force.

 

[F4disneyfan]

That would open the door to some serious uses of unreasonable force.

You are probably right but honestly if your a theif you should have no rights. I mean come on somone breaks into YOUR home and hurts themselves they can turn around and sue YOU the homeowner for neglegence and 99% of the time win the case I mean how stupid is that.

 

[declansdad]

You are probably right but honestly if your a theif you should have no rights. I mean come on somone breaks into YOUR home and hurts themselves they can turn around and sue YOU the homeowner for neglegence and 99% of the time win the case I mean how stupid is that.

They don't win 99% of the time. For a trespasser to successfully sue for injury, they would need to prove that the owner (or occupier depending on where you live) willfully or recklessly caused the injury.

 

[F4disneyfan]

They don't win 99% of the time. For a trespasser to successfully sue for injury, they would need to prove that the owner (or occupier depending on where you live) willfully or recklessly caused the injury.

But to be honest why the heck would you want to sue somone for hurting yourself when you broke into their home I mean how do you explain why you were there to begin with. Regardless teh actual number the fact they win any cases is a real slap in the face to the homeowner who's house and life have thus been violated.

 

[declansdad]

Not totally disagreeing with you but there has to be some limits as to what you can do or everyone would be creating traps for would be thieves. If theat happens, many innocent people could get hurt as well.

 

[Kurby]

ok you guys - the guy's a criminal but that doesn't give the security guards the right to beat the snot out of him.

restrain him, cuff him, then call the police - if he struggles with them well so be it - they can charge him with resisting arrest.

as for the B&E - good luck going to court with that one - at least here in Ontario they don't win 99% of the time.

in fact they are laughed out of court if they are convicted of B&E and then try to get $$ by claiming "while i was robbing this house of $20, 30, 40,000 of camera equipment, tv's, jewellery the owner came in and punched me in the face, pushed me down the stairs where i hit my head and now have headache's every day" judge "take 2 aspirins and get out of my court.

it would be a scary day when criminals can win in these cases BUT undo force from someone who is supposed to be trained - that's never a good thing

 

[kenneyjo]

And just to address the actual theft of razorblades...this is guy is very likely a crack addict.

He no doubt was planning to sell the razorblades to purchase a couple of rocks of crack.

As per the actual merits of the case, I have no idea if the guards went too far. It sounds like the Police never laid criminal charges against them, which bodes well for the guards. The burden of proof in criminal cases is substantially higher then civil cases.

I am not surprised that the judge granted the rounder 12000$. No sooner then the money will be awarded, it'll all be gone. What's he going to do, invest it?

 

[drag n' fly]

What bothers me is he received a settlement. He is an admitted thief with a record and obviously is not a compulsive shaver It is like the case of people in prison who complain their constitutional rights are being affected when privledges are removed.

 

[declansdad]

What bothers me is he received a settlement. He is an admitted thief with a record and obviously is not a compulsive shaver It is like the case of people in prison who complain their constitutional rights are being affected when privledges are removed.

The fact of the matter is that everyone who tries to apprehend someone must use reasonable force in restraining the person. In this case, it would have been cheaper for the store to simply report him to the police and possibly lose the value of the razor blades. Many stores will not allow their employees to stop shoplifters because of the risks associated with false imprisonment and assault.

 

[bunnyfoo]

Not totally disagreeing with you but there has to be some limits as to what you can do or everyone would be creating traps for would be thieves. If theat happens, many innocent people could get hurt as well.

Agreed. There was a recently a thread on another board (RFD I think) where the poster says she was at a Fortinos and she mistakenly put $3 worth watermelon on top of her stroller and left the store, forgetting to pay for it. She was stopped by store security and detained for several hours with her child. She says security wouldn't let her buy food her child. I'm sure store security hear all kinds of excuses from shoplifters but that seemed pretty extreme and unnecessary.

And then people who live in Toronto might remember the case of Patrick Shand who died after he was restrained by store security (I believe they sat on him) at a Loblaws or No Frills.

Interesting that the stores are here are all in the Loblaws family...

 

[PhotobearSam]

And then people who live in Toronto might remember the case of Patrick Shand who died after he was restrained by store security (I believe they sat on him) at a Loblaws or No Frills.

Interesting that the stores are here are all in the Loblaws family...

Doesn't surprise me. I worked for the evil people at Loblaws for 7 years and there is something completely flawed about that whole company.

Now I don't agree that this guy should have been punched but we need to stop shoplifters because razor blades and condoms are stolen soo much that it's crazy.

Loblaws has a weird way of dealing with all problems BIG and small. They are really weird about most things and I thought I was losing my mind working there. I started to feel crazy. Then I realized it was THEM not me.

 

[thejollyfinn]

"That's right officer, I FELL on him while waiting for you to show up."