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  1. CapnMunchh is offline
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    Posted On:
    12/18/2013 8:19pm

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    Hell yeah! Hell no!
    Quote Originally Posted by Hertzyscowicz View Post
    At least some news outlets seem to think that the entire family is included in the lawsuit:

    http://kfor.com/2013/12/16/victims-f...ffluenza-teen/

    http://www.businessinsider.com/ethan...-suits-2013-12

    But are you telling me the kid can actually be made to turn all his earnings past minimum wage over for the rest of his life? Because I was just wishful thinking about that part.
    The kid can end up with a judgment against him that will follow him all his life. How much of his earnings he will have to turn over monthly will depend on the discretion of the judge.
    A nation that makes a great distinction between its scholars and its warriors will have its laws made by cowards and its wars fought by fools. ― Thucydides
  2. goodlun is online now
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    Posted On:
    12/19/2013 4:09am

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    Quote Originally Posted by CapnMunchh View Post
    The company can be sued for negligence. This can get complicated. If the company was negligent (its employees) then the company's insurance carrier might pay, depending on the terms of the policy. If the father was negligent, its possible that the policy might cover him since he was an employee, but again, it depends on the policy. The insurance company might refuse to pay, which means another lawsuit between the company and its insurer.
    It is also possible that the damages may exceed his policy or this sort of negligence is outside the scope of their liability insurance. Of course the whole point is moot if you can't convince the court this is a case of negligence.
  3. CapnMunchh is offline
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    Posted On:
    12/19/2013 9:22am

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    Quote Originally Posted by goodlun View Post
    It is also possible that the damages may exceed his policy or this sort of negligence is outside the scope of their liability insurance. Of course the whole point is moot if you can't convince the court this is a case of negligence.
    Yeah, corporate negligence doesn't really jump out at me here. More the parents' failure to supervise.
    A nation that makes a great distinction between its scholars and its warriors will have its laws made by cowards and its wars fought by fools. ― Thucydides
  4. goodlun is online now
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    Posted On:
    12/19/2013 2:28pm

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    Quote Originally Posted by CapnMunchh View Post
    Yeah, corporate negligence doesn't really jump out at me here. More the parents' failure to supervise.
    I will admit it is a stretch, but as you should know when company asset come into play all bets are off.

    The company has a responsibility to make sure only authorised people are using their assets and only using them for company business at that.
  5. It is Fake is offline
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    Posted On:
    12/19/2013 3:05pm

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    Quote Originally Posted by goodlun View Post
    The company has a responsibility to make sure only authorised people are using their assets and only using them for company business at that.
    Yes, but not like you are implying. If I own a company, you use my company car and you ALLOW your child to steal/use the property, have fun trying to prove my company's liability. You were an authorized user, the child is not. Many companies I have worked for make you sign, like a rental car agreement, stating that "the undersigned employee is the only authorized user of named equipment."
  6. Permalost is offline
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    Posted On:
    12/19/2013 3:49pm

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    A while back, there was an incident at the club where my brother was a bouncer. A taxi driver, who had been awake for way too long, rolled through an intersection and pinned a woman to a support column of the club. The woman had to have her lower leg amputated (!), requiring thousands in hospital bills. In court, they sought payment from the entities involved that actually had money- the cab company, and the club itself, so they told my bro not to say anything about what happened that night (I have no idea how you could place blame on the club for putting a column where someone might someday be pinned by a car).

    To me, the fault was squarely on the shoulders of the cab driver, but he was a broke immigrant so they looked for blame among those with deeper pockets.

    Relevance to this thread: Even though the dad's company really can't be blamed for the incident, I wouldn't be super surprised if someone tried.
  7. goodlun is online now
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    Posted On:
    12/19/2013 3:56pm

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    Quote Originally Posted by It is Fake View Post
    Many companies I have worked for make you sign, like a rental car agreement, stating that "the undersigned employee is the only authorized user of named equipment."
    Given the nature of this guys company as an owner operator it wouldn't surprise me if he doesn't have a formal vehicle use policy. If that is the case it leaves him open. Once again I am not saying its some slam dunk law suite. However there is probably enough there to be worth consulting a tort lawyer if you where one of the families affected by this.
  8. CapnMunchh is offline
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    Posted On:
    12/19/2013 4:08pm

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    Quote Originally Posted by It is Fake View Post
    Yes, but not like you are implying. If I own a company, you use my company car and you ALLOW your child to steal/use the property, have fun trying to prove my company's liability. You were an authorized user, the child is not. Many companies I have worked for make you sign, like a rental car agreement, stating that "the undersigned employee is the only authorized user of named equipment."
    True. Even if it extended to employees' negligent acts, I doubt the policy would cover the employees' kids. Also, the policy would only cover acts within the scope of the employee's duties, and giving your kid the car keys doesnt qualify.

    Its not clear how much of the company is owned by the father tho. If there are no other shareholders he could try to use the policy or to pay a judgment from company funds, if the insurance company and/or the IRS lets him get away with it.
    A nation that makes a great distinction between its scholars and its warriors will have its laws made by cowards and its wars fought by fools. ― Thucydides
  9. CapnMunchh is offline
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    Posted On:
    12/19/2013 4:27pm

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    Quote Originally Posted by Permalost View Post
    To me, the fault was squarely on the shoulders of the cab driver, but he was a broke immigrant so they looked for blame among those with deeper pockets. Relevance to this thread: Even though the dad's company really can't be blamed for the incident, I wouldn't be super surprised if someone tried.
    A good lawyer sues everybody in sight, as long as its not so outrageous that he's going to be disciplined by the court or the state bar. The more people you sue the better your chances of getting a settlement, even if your case has little merit.
    A nation that makes a great distinction between its scholars and its warriors will have its laws made by cowards and its wars fought by fools. ― Thucydides
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