Yep and no one would sue if they had that policy. I mean sure they could spend lots of money and finally beat it in court, if you are right, but the idea that they wouldn't get sued is wishful thinking at best. All it takes is a city employee being involved in a shooting while they are in the performance of their duties and the city will be vulnerable. The you have the possibility of employees who may not follow all the policies. A dog catcher who holds someone at gunpoint for instance. You can say there is no liability because your "policy" says that is against the rules. Well you're right but how much in legal fees do you think that decision will take or would the city just settle and move on? Ignoring reality actually hurts the cause.srothstein wrote:I don't see it as a legitimate issue at all. An employer can only be held liable for the actions of an employee under certain circumstances, such as a failure to train, failure to supervise, etc. If the employee is not acting within the constraints of their job, it is very hard to hold the employer responsible.
All an employer would need to do is write a reasonable policy that says that employees are not to use the weapon to defend the business or other workers in case of a crime and not to have the weapon out during business hours. I know it makes it kind of silly to allow carrying then, but if the policy included that they wanted the carrying to prevent criminals from breaking in the cars to get guns, the business would be fairly well covered. The bad news for us would be that they would need to enforce the policy if someone broke it, but liability is actually not that difficult an issue, IMO.
Obviously, the lawyers on the board would know more about this than I do. This is based on my one course in business law for a college degree.
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Return to “Considering trying to get a city policy modified to allow CC”
- Fri Jan 03, 2014 12:40 am
- Forum: General Texas CHL Discussion
- Topic: Considering trying to get a city policy modified to allow CC
- Replies: 24
- Views: 3079
Re: Considering trying to get a city policy modified to allo
- Thu Jan 02, 2014 11:11 am
- Forum: General Texas CHL Discussion
- Topic: Considering trying to get a city policy modified to allow CC
- Replies: 24
- Views: 3079
Re: Considering trying to get a city policy modified to allo
It is a legitimate issue. One possibility is to carry liability insurance that would cover the organization you work for. Much like if you use your personal vehicle a company might mandate that you have certain min coverage.jmra wrote: The liability issue is the biggest hurdle. One that many organizations will never see past.
- Thu Jan 02, 2014 1:21 am
- Forum: General Texas CHL Discussion
- Topic: Considering trying to get a city policy modified to allow CC
- Replies: 24
- Views: 3079
Re: Considering trying to get a city policy modified to allo
txglock21 wrote:To which my response is to have the employee sign a waiver talking full responsibility and releasing the city of any responsibility.( Ensert crickets chirping here.)
I'm on your side but you do realize you can only wave liability in regards to yourself. You might not sue if you shoot someone. I can't think of why you would but who knows, but nothing you sign or do can keep someone from suing the City if you are involved in a shooting while at work.