Do they cite any cases to back up the claim? Every case of the affirmative defense states that i have seen was examples of what i was saying.
I guess I will put this here since their is not a fleet owners sections,
Discussion in 'Ask An Owner Operator' started by KANSAS TRANSIT, Apr 10, 2018.
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i generally carry a gun in the truck. a few times iv had to stop by someones house i know in Minot to drop it off with him going to either Minot air force base or if i get a load in or out of Canada and i wasn't expecting to run up there and no chance to stop by the house. i run a small enough area and generally know when im likely to run somewhere it will be a problem far enough ahead of time i will have a opportunity to take it out of the truck.
at the air force base i asked them onetime what would i would need to do if i got a load going there i was not planning on and had a gun with me, they basically told me to avoid that but said if it did happen to tell them at the gate and i would be escorted to some place on base where it could be secured basically sounded like a big hassle in short but it would not be a no go as long as i was upfront about it.
as far as a no firearms sign at a normal loading/unloading place just have it put away in the truck.
as far as hiring a driver that carried i would not have a problem unless they made it a problem.Pedigreed Bulldog Thanks this. -
Here is why.
If my driver gets into a fight with another driver, the other driver has a knife or a club and my driver feels threatened, and shoots the guy dead then I have a responsibility in the eyes of the law in many states and in the courts. It was because I permitted the guy to carry, I can end up being dragged into court with a wrongful death lawsuit because of that I did permit it.
Now in your example, if I tried hard to mitigate the risks by doing everything possible, then even if I get into a court room, I have a better chance to have little or no responsibility in the eyes of a jury or court for the driver's actions.KANSAS TRANSIT Thanks this. -
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When American buisness owners become cowards and start to infringe on second amendment rights at the hands of fantasy “what if’s”, the left has officially won the gun debate..
They can’t come and take them, the plan is to make it a big enough hassle the average dumb### American coward gives up their rights..PoleCrusher, Gunnerluv, Tropsnart and 4 others Thank this. -
PoleCrusher, nightgunner and spyder7723 Thank this.
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I being sued by the family of my driver because of a company policy is unlikely but being sued by a family who has been shot by my driver because I allowed it to happen is more likely to happen in our world.
what many don't seem to get is the thought that we have devolved into a society where personal responsibility is absent.
It is always someone else's fault.
Someone holds up a store, some customer blasts the guy to hell and then he is one charged with a crime, then that scum's family gets an ambulance chaser to sue over the guys rights being violated by the customer and causing his death even after the cops cleared him from any wrong doing.buddyd157 Thanks this. -
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I bet for every news article you find I can find 10 that the victim's family is the one suing and winning cases of wrongful death.
And anyway, if they are Independent Contractors like you claim that gives your company an additional layer of protection. -
People need to stop trying to out-think lawyers and their prospective clients. A lawyer will find any reason they can to sue if someone wants them to.
Looking to this board to justify a position as a company owner is a little weak if you ask me. It's your company, make the decision that suits YOU.
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