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Thread: Arrests over China Wal-Mart death

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by tlmorg02 View Post
    China's car sales boom, reshaping a way of life - USATODAY.com

    China is the number two consumer of the world's oil supplies behind the U.S.
    Fascinating.

    It doesn't mean that a Walmart there would have a football-field of a parking lot, though.

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by Coronado View Post
    Fascinating.

    It doesn't mean that a Walmart there would have a football-field of a parking lot, though.
    I cannot find anything related to the story anywhere except the BBC, so I have no way of knowing the actual size. Funny that no U.S. news outlets are reporting on the story.

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by tlmorg02 View Post
    I cannot find anything related to the story anywhere except the BBC, so I have no way of knowing the actual size. Funny that no U.S. news outlets are reporting on the story.
    The Associated Press: 2 China Wal-Mart workers arrested after death

    China Wal-Mart employees detained in shopper's death | Reuters
    Last edited by Coronado; 09-08-09 at 03:20 PM.

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by RightinNYC View Post
    The question of whether they would be liable here is definitely not as clear-cut as you imply. The fact that they worked for Wal-Mart doesn't automatically make the company liable for all of their actions.
    Correct me if I'm wrong, but in the United States businesses are generally held liable for the actions of their employees as they relate to their job duties. I think it would be very difficult to make the argument that the actions of these security guards was unrelated to their employment as security guards. If they were just random people in Wal-Mart rather than employees, would they have acted the same? Almost certainly not.

    But like I said, Chinese law might be entirely different.
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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by Kandahar View Post
    Correct me if I'm wrong, but in the United States businesses are generally held liable for the actions of their employees as they relate to their job duties. I think it would be very difficult to make the argument that the actions of these security guards was unrelated to their employment as security guards. If they were just random people in Wal-Mart rather than employees, would they have acted the same? Almost certainly not.
    It's all about agency, which has many factors. Being an employee on company time doesn't make the company liable if the employees exceeded the scope of their agency, including company policy. Don't know if they did or didn't, only that there's more to it than that.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by tlmorg02 View Post
    BBC NEWS | Asia-Pacific | Arrests over China Wal-Mart death



    Here is the real question! What will WalMart do to prevent a repeat of this incident, and will they be liable for this? Thoughts?
    How do you expect Walmart to prevent isolated incidents of violence? Why should they be liable?

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by Kandahar View Post
    Correct me if I'm wrong, but in the United States businesses are generally held liable for the actions of their employees as they relate to their job duties. I think it would be very difficult to make the argument that the actions of these security guards was unrelated to their employment as security guards. If they were just random people in Wal-Mart rather than employees, would they have acted the same? Almost certainly not.

    But like I said, Chinese law might be entirely different.
    Walmart company policy probably doesn't permit its security guards to beat people to death. Just a thought.

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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by Harshaw View Post
    It's all about agency, which has many factors. Being an employee on company time doesn't make the company liable if the employees exceeded the scope of their agency, including company policy. Don't know if they did or didn't, only that there's more to it than that.
    how do we know WHAT it's about in china?

    Originally Posted by johnny_rebson:

    These are the same liberals who forgot how Iraq attacked us on 9/11.


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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by Ethereal View Post
    Walmart company policy probably doesn't permit its security guards to beat people to death. Just a thought.
    I don't think that necessarily matters, at least in the United States. If it was that simple, then it should be relatively easy for companies to shield themselves from all agency-related lawsuits. All they would need is an employee manual that basically said "Don't do anything stupid" and provided examples of such.

    It's not that easy in this country for corporations to shirk their duties to keep their customers safe.
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    Re: Arrests over China Wal-Mart death

    Quote Originally Posted by Kandahar View Post
    I don't think that necessarily matters, at least in the United States. If it was that simple, then it should be relatively easy for companies to shield themselves from all agency-related lawsuits. All they would need is an employee manual that basically said "Don't do anything stupid" and provided examples of such.
    But a company policy of "no physical contact" could do it, especially if there's a documented record of enforcing that policy.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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