Chrissy Polis to sue McDonalds over beating

[GHook93]

I doubt seriously McDonald's employees are trained or required to break up fights.

LOL, there is a big difference from breaking up a fight and filming it, cheering the beating on, instigating it and warming the perpetrators of the cops!

By law businesses owe have certain duties to their patrons. They have a duty to protect (its different for another patron's duty to the victim - they could sit there and do nothing). The duty to protect includes against battery.

The elements of the duty to protect are something like this:
1. The owner (who is vicarious liable for the actions of his employees who are under his control - not independent contractors) had a duty to exercise reasonable care to protect his/her patron from harm or assault - I think not filming, instigating the fight, cheering the beating and warning the perpetrators is unreasonable
2. The owner failed to exercise reasonable care to protect his/her patron no doubt see above
3. The assault must be foreseeable to the owner. No doubt this one was
4. The assault occured on the owners premise which he owns and controls . It all took place in the McDonalds
5. The owner's failure to exercise reasonable care caused the resulting injuries/death Seizures at the end are good proof. Injury can be a fear of the public

This won't make it to court.

The cops were called. And I don't see how you can claim that the assault was foreseeable to the owner.

An assault happening in your establish is foreseeable!

 

[TheBrain]

LOL, there is a big difference from breaking up a fight and filming it, cheering the beating on, instigating it and warming the perpetrators of the cops!

By law businesses owe have certain duties to their patrons. They have a duty to protect (its different for another patron's duty to the victim - they could sit there and do nothing). The duty to protect includes against battery.

The elements of the duty to protect are something like this:
1. The owner (who is vicarious liable for the actions of his employees who are under his control - not independent contractors) had a duty to exercise reasonable care to protect his/her patron from harm or assault - I think not filming, instigating the fight, cheering the beating and warning the perpetrators is unreasonable
2. The owner failed to exercise reasonable care to protect his/her patron no doubt see above
3. The assault must be foreseeable to the owner. No doubt this one was
4. The assault occured on the owners premise which he owns and controls . It all took place in the McDonalds
5. The owner's failure to exercise reasonable care caused the resulting injuries/death Seizures at the end are good proof. Injury can be a fear of the public

This won't make it to court.

The cops were called. And I don't see how you can claim that the assault was foreseeable to the owner.

An assault happening in your establish is foreseeable!

LOLWUT?

Let's say you come to my house and just out of the blue my neighbor punches you in the mouth. Are you saying I should have foreseen that and prevented it?

 

[Intense]

Just an FYI...

The guards at banks...many of them NOT armed...are trained to protect the public...not the money. If the customers are not harassed, they are trained to allow the theives to leave without incident.

Guards in bank transfer trucks are trianed to protect the lives of their partners and themselves and thus why they carry weapons. They, too, are trained to "let them flee" if the heist is successful.

In troubled Locations where Security is needed, it should be provided.

Should the Law requite it?

What if the business can't afford it?

Should the city/state/fed subsidize it?

Should the Law requite it?

After multiple reports of related problems at a location? Arguable. An alternative would be to further limit hours of operation. Potential Law Suits V.S. Cheap Security.

What if the business can't afford it?

Either a Business can produce a Safe Environment for It's Customers or it can't. If it can't, it is being Mismanaged.

Should the city/state/fed subsidize it?

The Local Government is charged with Maintaining Law and Order. Keeping the Peace is one of the Roots from which Government receives it's authority over the Public.

You can do better than that.

 

[manifold]

Bottom line is if the camera operator is found to be criminally negligent and/or liable in any way at all, then so to is McDonalds. The fact that they fired him absolves them of nothing.

 

[Againsheila]

I'm no lawyer and didn't even stay at a Holiday Inn Express last night, but I suspect that legally a person should have a reasonable expectation of safety when they're in a commercial business that's there for the purpose of serving the general public.

Well, you're wrong.

Let's take armed robbery for example. McDonalds, as well as most fast food restraunts , probably all, has a WRITTEN policy that employees are not to resist and are NOT to interfere, just hand over the fucking money. So if a burglar smacks a customer around , McDs has a written policy that an employee should stay out of it. I'm sure the same policy governs here even though it isn't written down, although it probably will be after this case.


This should be thrown out in summary judgment.

From the pieces I've put together, the guy who filmed it and laughed, and told the perpetrators to leave as the cops were called <finally> was an employee at McDonald's. It was his responsibility to call the cops when the fight started, not film it and then call the cops when she went into convulsions and tell the black girls to leave before the cops got there. McDonald's is responsible for their employees and this employee was at least partially responsible for the severity of the beating and the perpetrators leaving before the cops got there.

While I don't think she should be suing McDonald's I do believe she has a case.

 

[JBeukema]

After multiple reports of related problems at a location? Arguable.

It's only arguable if you have no problem with government playing such a role in private business decisions.

An alternative would be to further limit hours of operation. Potential Law Suits V.S. Cheap Security.

Are not such decisions the prerogative of the business owner? What if they cannot afford to limit hours or hire private security?

What if the business can't afford it?

Either a Business can produce a Safe Environment for It's Customers or it can't.

Do you have evidence this was an unsafe work environment and not an isolated incident? What if an entire neighborhood can be deemed unsafe? Should we forbid private business int he inner city?

If it can't, it is being Mismanaged.

Or happens to be surrounded in an area with a high crime rate. I highly doubt making it harder for businesses to operate (and for the people in the area to earn an honest paycheck) would help in that regard.

Should the city/state/fed subsidize it?

The Local Government is charged with Maintaining Law and Order.

Is that not what the police are for? Instead of forcing businesses to hire private security whether they can afford it or not, wouldn't it make more sense to ensure the police force is not understaffed/underfunded and patrols problem areas more often- thereby reducing criminal activity and improving response time if something does occur?

Keeping the Peace is one of the Roots from which Government receives it's authority over the Public.

Again, that is what the police are for.

You can do better than that.

 

[xotoxi]

Which is why I carry my own means of self-defense whenever I'm in public. I don't expect other people to protect or defend me. I intend to be ready to do it myself if that unfortuante situation ever occurs.

Anachronism's means of self-defense: just add the attacker to his Ignore List.

 

[manifold]

Which is why I carry my own means of self-defense whenever I'm in public. I don't expect other people to protect or defend me. I intend to be ready to do it myself if that unfortuante situation ever occurs.

Anachronism's means of self-defense: just add the attacker to his Ignore List.

quoted for anachropussy

 

[Intense]

After multiple reports of related problems at a location? Arguable.

It's only arguable if you have no problem with government playing such a role in private business decisions.

An alternative would be to further limit hours of operation. Potential Law Suits V.S. Cheap Security.

Are not such decisions the prerogative of the business owner? What if they cannot afford to limit hours or hire private security?

Do you have evidence this was an unsafe work environment and not an isolated incident? What if an entire neighborhood can be deemed unsafe? Should we forbid private business int he inner city?

Or happens to be surrounded in an area with a high crime rate. I highly doubt making it harder for businesses to operate (and for the people in the area to earn an honest paycheck) would help in that regard.

Is that not what the police are for? Instead of forcing businesses to hire private security whether they can afford it or not, wouldn't it make more sense to ensure the police force is not understaffed/underfunded and patrols problem areas more often- thereby reducing criminal activity and improving response time if something does occur?

Keeping the Peace is one of the Roots from which Government receives it's authority over the Public.

Again, that is what the police are for.

You can do better than that.

You need to find someone else to jerk off with JB. You are not my type. This coulda-woulda-shoulda crap gets old. There are those that get things done, and those that do nothing but complain. Learn to Resolve problems rather than obstruct. In the end we all need to choose sides. What happened in that Restaurant there is no excuse for. Had I been there, had Anyone with half a brain been there it would have played out differently.

 

[JBeukema]

You suggest a Statist solution, I highlight some concerns with the Statist solution you advocate, and then you get whiny and run away?

 

[Valerie]

Which is why I carry my own means of self-defense whenever I'm in public. I don't expect other people to protect or defend me. I intend to be ready to do it myself if that unfortuante situation ever occurs.

Anachronism's means of self-defense: just add the attacker to his Ignore List.

quoted for anachropussy

Sounds like something up Sampson's alley......

 

[manifold]

Anachronism's means of self-defense: just add the attacker to his Ignore List.

quoted for anachropussy

Sounds like something up Sampson's alley......

alley???

Is that what the kids are calling it these days?

 

[PLYMCO_PILGRIM]

Chrissy Lee Polis, the transgender woman brutally beaten by two teens in a Baltimore, Maryland area McDonald’s one week ago, says the attack was definitely a hate crime, and adds she will sue McDonald’s and the McDonald’s employees who stood by, according to reports. The employees were momentarily filmed watching and laughing in a three-minute video, as two teens brutally beat and battered her into a seizure last Monday.

Chrissy Lee Polis: It Was A Hate Crime, I Will Sue McDonald’s | The New Civil Rights Movement

I'm not sure that she has a chance in hell of winning anything. Someone called the police and as far as I know that was their only legal obligation.

I doubt seriously McDonald's employees are trained or required to break up fights.

I agree ravi. She wont get anything, they called the cops.

Personally I would have stepped in and put myself at risk to help this person. I would have also tried to help/comfort them through the seizure....but im a human not an asshole.

 

[xotoxi]

...something up Sampson's alley...

A very disgusting, shit-smeared image just popped into my head.

Now I need to irrigate my nares with bleach to get it out of my mind.

 

[Valerie]

I'm sure there is an insurance policy that will cover any personal injury claim filed, which will come down to what harm was done... What are the injuries and how will it effect that person's ability to work and live...? Hurt feelings don't usually amount to much.

I have not watched the video and only read some of the posts here, so I'm not sure of the status of any actual physical injury?

 

[manifold]

You suggest a Statist solution, I highlight some concerns with the Statist solution you advocate, and then you get whiny and run away?

^ This from the guy who advocates nothing but 100% statist solutions for every perceived societal ill both large and small. Irony thy name is JB.

But whatcha gonna do?

 

[Valerie]

...something up Sampson's alley...

A very disgusting, shit-smeared image just popped into my head.

Now I need to irrigate my nares with bleach to get it out of my mind.

An unfortunate choice of words then........Sorry!




It's an old saying, Yeah, it's right up his alley!

 

[JBeukema]

You suggest a Statist solution, I highlight some concerns with the Statist solution you advocate, and then you get whiny and run away?

^ This from the guy who advocates nothing but 100% statist solutions for every perceived societal ill both large and small.

Do cite. Seeing I would ultimately have the dissolution of the nation-state, it would seem you're talking out your neck

 

[chikenwing]

Then there is this thing called depraved indifference,this will be interesting,and I agree it probably won't make it to court.

 

[Intense]

You suggest a Statist solution, I highlight some concerns with the Statist solution you advocate, and then you get whiny and run away?

Total Bullshit. You are doing no more than bringing ants to the picnic.
A Mac Donald's Customer has a Right to a Safe Environment to eat their Mac Donald's burger in. You can't maintain a decent atmosphere you need to be shut down, that is if you are stupid enough to defend the position that far. You need to get out more.