Entertaining... Who's Fault Is It?

[AKL_Megs]

Imagine there is a Marathon gas station with a Tim Hortons inside of it. The Marathon and the Tim Hortons are owned/operated by two seperate groups of people, they both simply rent the space, and they absolutely do not get along.

The Tim Hortons people are mad at the Marathon nightshift people because the Marathon nightshift people send their customers to use the Tim Hortons restroom at night.

One day, the Tim Hortons people have had enough. They call Tim Hortons headquarters (general manager/district manager), and complain about the Marathon nightshift people. During the phone call, the person representing Tim Hortons threatens retaliation against the Marathon nightshift worker.

A couple of days later, the Tim Hortons worker comes by and shoots the Marathon nightshift worker in the leg.

Of course, the Tim Hortons worker was arrested and is now in jail.

NOW, the family of the Marathon nightshift worker is hiring a high profile lawyer to sue Tim Hortons for BIG BUCKS for not warning them of the threat.



So, is it Tim Hortons fault???

(P.S. - This is some extended family drama that is happening right now. My "family member" is Marathon Man )

 

[AKL_Megs]

MY opinion...

I don't know what Tim Hortons would have done, other than say, "Stop letting your customers use our restroom, you are making our employees upset, and they are throwing around threats."

Even with that information, Marathon nightshift worker would still have gone to work, I am sure, because he needs to support his family.

What can the police do over a threat? People threaten other people on a daily basis. I'd say 1% actually follow through.

Maybe Marathon Man shouldn't have allowed his customers to use the Tim Hortons restroom. I am NOT saying that what Tim Hortons man did was justifiable in ANY way, but I would be mad as well if I cleaned a restroom daily and came in in the morning to find it dirty again.

I say, be glad the man is in jail, and use as much effort as you are using to make money off of Tim Hortons to make sure the Tim Hortons man stays in prison as long as he can!

 

[kymmyk13]

the lawyer will be suing the employee and the employer and he may even sue Marathon. Was the tim horten employee working when he shot the other guy? if there is a known issue that the employer know about and did not take any action they can be held responsible, just remember when you get a jury involved anything can happen.

 

[FireDancer]

<sarcasm>Isn't Michigan a no fault state anyway?</sarcasm>

In situations like this it isn't either company's fault. It is the fault of the person who decided he was going to shoot another person. To blame either Tim Horton's or Marathon is merely trying to shift the blame from the person who committed the crime and, most likely, a money grab.

Person A did something of his own free will to person B. Full stop.

 

[AKL_Megs]

Isn't Michigan a no fault state anyway?

In situations like this it isn't either company's fault. It is the fault of the person who decided he was going to shoot another person. To blame either Tim Horton's or Marathon is merely trying to shift the blame from the person who committed the crime and, most likely, a money grab.

Person A did something of his own free will to person B. Full stop.

Thank you! I totally agree!!!

 

[kymmyk13]

common sense says that it is not the company's fault, but this attorney would not be taking the case unless he knows he can collect money from someone. I have been working for attorneys for over 15 years and right and wrong does not always factor into the law. don't forget that the person shot will also have a worker's comp claim.

 

[wdwfan16]

Imagine there is a Marathon gas station with a Tim Hortons inside of it. The Marathon and the Tim Hortons are owned/operated by two seperate groups of people, they both simply rent the space, and they absolutely do not get along.

The Tim Hortons people are mad at the Marathon nightshift people because the Marathon nightshift people send their customers to use the Tim Hortons restroom at night.

One day, the Tim Hortons people have had enough. They call Tim Hortons headquarters (general manager/district manager), and complain about the Marathon nightshift people. During the phone call, the person representing Tim Hortons threatens retaliation against the Marathon nightshift worker.

A couple of days later, the Tim Hortons worker comes by and shoots the Marathon nightshift worker in the leg.

Of course, the Tim Hortons worker was arrested and is now in jail.

NOW, the family of the Marathon nightshift worker is hiring a high profile lawyer to sue Tim Hortons for BIG BUCKS for not warning them of the threat.



So, is it Tim Hortons fault???

(P.S. - This is some extended family drama that is happening right now. My "family member" is Marathon Man )

WOW you have an interesting family.

Is the family member's leg OK?

 

[AKL_Megs]

WOW you have an interesting family.

Is the family member's leg OK?

Tell me about it... (This is a REALLY extended family member, but still...)

Yes, he is fine.

 

[cabanafrau]

Isn't Michigan a no fault state anyway?

In situations like this it isn't either company's fault. It is the fault of the person who decided he was going to shoot another person. To blame either Tim Horton's or Marathon is merely trying to shift the blame from the person who committed the crime and, most likely, a money grab.

Person A did something of his own free will to person B. Full stop.

Just to clarify, Michigan is a no fault state in regards to auto insurance. Has nothing to do w/ the issue above.

 

[FireDancer]

Just to clarify, Michigan is a no fault state in regards to auto insurance. Has nothing to do w/ the issue above.

Yes Literal Larry, I am aware of that. I'll go back and add my sarcasm tags.

 

[cabanafrau]

Yes Literal Larry, I am aware of that. I'll go back and add my sarcasm tags.

 

[phorsenuf]

Depends. Were the customers using Tim Hortons towels?

 

[AKL_Megs]

Depends. Were the customers using Tim Hortons towels?

Well, you are right. Now that changes EVERYTHING!!!

 

[luvmy3]

<sarcasm>Isn't Michigan a no fault state anyway?</sarcasm>

In situations like this it isn't either company's fault. It is the fault of the person who decided he was going to shoot another person. To blame either Tim Horton's or Marathon is merely trying to shift the blame from the person who committed the crime and, most likely, a money grab.

Person A did something of his own free will to person B. Full stop.

You are probably right however the OP said that they are suing for not being warned of the threat, which may mean they have some sort of liability issue. (Not saying I agree with it but legally they may have a real case). Where are the DIS lawyers when you need them?

 

[Arielle22]

common sense says that it is not the company's fault, but this attorney would not be taking the case unless he knows he can collect money from someone. I have been working for attorneys for over 15 years and right and wrong does not always factor into the law. don't forget that the person shot will also have a worker's comp claim.

I believe any money received from a lawsuit would have to be used to offset the worker's comp insurance spent on the injury.

 

[KiKi Mouse]

It would depend on the threat.
Here in Canada uttering threats is criminal.
If the Tim's employee said "I'm going to shoot that Marathon guy" then I would say Tim's should have reported it to the police.

How does the wounded party know about the threat?