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UPS Truck Hijacked, Driver killed in Shootout
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<blockquote data-quote="freehoodies" data-source="post: 4620880" data-attributes="member: 80887"><p>Can someone really sue UPS if a driver shoots someone? “Respondeat Superior” is the legal term and it doesn’t seem like thats the case here. UPS wouldn’t be requiring its employees to be armed, just not infringing on their implicit right of self defense. </p><p></p><p>(Is UPS being sued for the feeder driver shooting people? Would UPS be sued if they didn’t have the no weapon policy?)</p><p></p><p>If a UPS driver hits someone with their package car, UPS wont be liable unless they could have reasonably foreseen it. If the driver had a history of accidents or drunk driving and was allowed to keep driving for example. Or the truck they were driving had reported issues with handling. Or if management told the driver to speed to get hours down or something (this is why there is a PCM every morning btw).</p><p></p><p>Heres another example, are UPS drivers explicitly allowed to have a lighter with them? Is UPS responsible for an intentional fire (arson) set by the driver? What about accidental? (Flicked cigarette butt, or maybe they started a small fire on lunch to heat up some food)</p><p></p><p>Both cases would be no, you dont need a lighter for UPS work, so its not within the scope of employment. Same with a gun. We don’t require it to do the job, but some employees would prefer to have one with them.</p></blockquote><p></p>
[QUOTE="freehoodies, post: 4620880, member: 80887"] Can someone really sue UPS if a driver shoots someone? “Respondeat Superior” is the legal term and it doesn’t seem like thats the case here. UPS wouldn’t be requiring its employees to be armed, just not infringing on their implicit right of self defense. (Is UPS being sued for the feeder driver shooting people? Would UPS be sued if they didn’t have the no weapon policy?) If a UPS driver hits someone with their package car, UPS wont be liable unless they could have reasonably foreseen it. If the driver had a history of accidents or drunk driving and was allowed to keep driving for example. Or the truck they were driving had reported issues with handling. Or if management told the driver to speed to get hours down or something (this is why there is a PCM every morning btw). Heres another example, are UPS drivers explicitly allowed to have a lighter with them? Is UPS responsible for an intentional fire (arson) set by the driver? What about accidental? (Flicked cigarette butt, or maybe they started a small fire on lunch to heat up some food) Both cases would be no, you dont need a lighter for UPS work, so its not within the scope of employment. Same with a gun. We don’t require it to do the job, but some employees would prefer to have one with them. [/QUOTE]
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