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	<title>
	Comments on: Canada: &#8220;Crook wins damages for injury during theft&#8221;	</title>
	<atom:link href="https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Tue, 01 May 2007 12:31:25 +0000</lastBuildDate>
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	<item>
		<title>
		By: Bill Alexander		</title>
		<link>https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/comment-page-1/#comment-7137</link>

		<dc:creator><![CDATA[Bill Alexander]]></dc:creator>
		<pubDate>Tue, 01 May 2007 12:31:25 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4854#comment-7137</guid>

					<description><![CDATA[Jim Collins, maybe $100 (c) isn&#039;t a lot of money to you, but how many times a day does this have to happen before the store is no longer profitable and just closes?  The grocery business has a very thin margin, thanks to competitive pressures, so it takes a lot of sales to replace the money.  Let each runner get away, and the prices go up, and soon the store is closed.  Also, face it, the police will not find a shoplifter who is not detained.
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			<content:encoded><![CDATA[<p>Jim Collins, maybe $100 (c) isn&#8217;t a lot of money to you, but how many times a day does this have to happen before the store is no longer profitable and just closes?  The grocery business has a very thin margin, thanks to competitive pressures, so it takes a lot of sales to replace the money.  Let each runner get away, and the prices go up, and soon the store is closed.  Also, face it, the police will not find a shoplifter who is not detained.</p>
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		<title>
		By: Anirban		</title>
		<link>https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/comment-page-1/#comment-7136</link>

		<dc:creator><![CDATA[Anirban]]></dc:creator>
		<pubDate>Tue, 01 May 2007 05:43:19 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4854#comment-7136</guid>

					<description><![CDATA[&lt;i&gt;but from what I read he was just fleeing the store. Why take a chance on getting hurt for a few dollars of merchandise?&lt;/i&gt;

Does your gut sense allows that if your bag get snatched , and the thug is fleeing away .You don&#039;t &#039;cause may be you are lazy , incompetant, overweight blah blah .., even if you have a chance.No offence though.And the Dollar amount you mentioned may not appear that small to everyone. So where do you draw the line ? and who are you say that the guy was not a threat,sitting in front of a computer.

&lt;b&gt;Imafish&lt;/b&gt;,
Everyone , including police officers ,do have limits but this is not a finite one and everytime the goal post is shifted  on court decisions which are meddlesome, expensive , sometiimes unscientific and decided by lay juries which might not have the clues and bloody hell this disproportionately affects people whoa re most sued and get on the defendants side , and it costs a lot even to prove your innocence . Don&#039;t you think the store owners behaved appropriately. Would you,ve done something different?


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			<content:encoded><![CDATA[<p><i>but from what I read he was just fleeing the store. Why take a chance on getting hurt for a few dollars of merchandise?</i></p>
<p>Does your gut sense allows that if your bag get snatched , and the thug is fleeing away .You don&#8217;t &#8217;cause may be you are lazy , incompetant, overweight blah blah .., even if you have a chance.No offence though.And the Dollar amount you mentioned may not appear that small to everyone. So where do you draw the line ? and who are you say that the guy was not a threat,sitting in front of a computer.</p>
<p><b>Imafish</b>,<br />
Everyone , including police officers ,do have limits but this is not a finite one and everytime the goal post is shifted  on court decisions which are meddlesome, expensive , sometiimes unscientific and decided by lay juries which might not have the clues and bloody hell this disproportionately affects people whoa re most sued and get on the defendants side , and it costs a lot even to prove your innocence . Don&#8217;t you think the store owners behaved appropriately. Would you,ve done something different?</p>
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		<title>
		By: Jake		</title>
		<link>https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/comment-page-1/#comment-7135</link>

		<dc:creator><![CDATA[Jake]]></dc:creator>
		<pubDate>Mon, 30 Apr 2007 23:02:47 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4854#comment-7135</guid>

					<description><![CDATA[Most of the commenters above seem to have the right idea.  Those tending to atmospherics probably have never gotten their hands dirty, so to speak.

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			<content:encoded><![CDATA[<p>Most of the commenters above seem to have the right idea.  Those tending to atmospherics probably have never gotten their hands dirty, so to speak.</p>
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		<title>
		By: NE2d		</title>
		<link>https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/comment-page-1/#comment-7134</link>

		<dc:creator><![CDATA[NE2d]]></dc:creator>
		<pubDate>Mon, 30 Apr 2007 20:57:45 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4854#comment-7134</guid>

					<description><![CDATA[The article doesn&#039;t give enough facts to base an informed opinion on.  Was the thief injured by being tackled?  Was he tackled, then kicked in the face repeatedly?  Did he have a gun?  Did the guard have a gun?  I can imagine some scenarios where this judgment was proper, and some where it&#039;s outrageous.
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			<content:encoded><![CDATA[<p>The article doesn&#8217;t give enough facts to base an informed opinion on.  Was the thief injured by being tackled?  Was he tackled, then kicked in the face repeatedly?  Did he have a gun?  Did the guard have a gun?  I can imagine some scenarios where this judgment was proper, and some where it&#8217;s outrageous.</p>
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		<title>
		By: OBQuiet		</title>
		<link>https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/comment-page-1/#comment-7133</link>

		<dc:creator><![CDATA[OBQuiet]]></dc:creator>
		<pubDate>Mon, 30 Apr 2007 14:13:34 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4854#comment-7133</guid>

					<description><![CDATA[Fish,

Or maybe I am the poor writer. I notice, belatedly that my post seems rude rather than witty and sarcastic. I apologize for that. Both for being rude and for not being witty.

But my point was that EVEN assuming your imagined absolute immunity, retailers would still be constrained from shooting suspected shoplifters so you conclusion, &quot;it would only be a matter of time before my hypothetical involving a dead 8 year old comes true&quot; would be unlike to come about.


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			<content:encoded><![CDATA[<p>Fish,</p>
<p>Or maybe I am the poor writer. I notice, belatedly that my post seems rude rather than witty and sarcastic. I apologize for that. Both for being rude and for not being witty.</p>
<p>But my point was that EVEN assuming your imagined absolute immunity, retailers would still be constrained from shooting suspected shoplifters so you conclusion, &#8220;it would only be a matter of time before my hypothetical involving a dead 8 year old comes true&#8221; would be unlike to come about.</p>
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		<title>
		By: Jim Collins		</title>
		<link>https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/comment-page-1/#comment-7132</link>

		<dc:creator><![CDATA[Jim Collins]]></dc:creator>
		<pubDate>Mon, 30 Apr 2007 14:09:58 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4854#comment-7132</guid>

					<description><![CDATA[nevins,
What if this guy had a gun or knife?  You have already made sure that your employees are not armed because of company policy.  It would be different if this guy was posing a threat to someone, but from what I read he was just fleeing the store.  Why take a chance on getting hurt for a few dollars of merchandise?  Ever see the movie Article 99?  An administrator demands that a security guard disarms a man with an M-16.  The guard responds &quot;for $3.25 an hour, no f***ing way.&quot;.  If this guy had pulled a gun and an employee shot and killed him, I&#039;d be first in line to buy the employee a beer.  This guy wasn&#039;t a threat, let him go and let the Police earn their money.

]]></description>
			<content:encoded><![CDATA[<p>nevins,<br />
What if this guy had a gun or knife?  You have already made sure that your employees are not armed because of company policy.  It would be different if this guy was posing a threat to someone, but from what I read he was just fleeing the store.  Why take a chance on getting hurt for a few dollars of merchandise?  Ever see the movie Article 99?  An administrator demands that a security guard disarms a man with an M-16.  The guard responds &#8220;for $3.25 an hour, no f***ing way.&#8221;.  If this guy had pulled a gun and an employee shot and killed him, I&#8217;d be first in line to buy the employee a beer.  This guy wasn&#8217;t a threat, let him go and let the Police earn their money.</p>
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		<title>
		By: Peter		</title>
		<link>https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/comment-page-1/#comment-7131</link>

		<dc:creator><![CDATA[Peter]]></dc:creator>
		<pubDate>Mon, 30 Apr 2007 14:00:38 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4854#comment-7131</guid>

					<description><![CDATA[$100 worth of razor blades?  Dude must have some weird, wild beard!
]]></description>
			<content:encoded><![CDATA[<p>$100 worth of razor blades?  Dude must have some weird, wild beard!</p>
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		<title>
		By: Ima Fish		</title>
		<link>https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/comment-page-1/#comment-7130</link>

		<dc:creator><![CDATA[Ima Fish]]></dc:creator>
		<pubDate>Mon, 30 Apr 2007 12:58:30 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4854#comment-7130</guid>

					<description><![CDATA[&lt;strong&gt;OBQuiet&lt;/strong&gt;, maybe I&#039;m just a poor writer, but I think you misread my posting.  I&#039;m not in favor of shop owners having the right to shoot shoplifters of any age.

&lt;strong&gt;Jb&lt;/strong&gt;. &lt;em&gt;&quot;While there certainly is a boundary that should not be crossed in defense of one&#039;s goods, this seems to be clearly within it.&quot;&lt;/em&gt;

From the article I read, it was not clear to me.  The guy claimed he was &quot;beat up&quot; and the judge believed it.  I personally do know know what &quot;beat up&quot; means in this context.  And even more importantly to me, was he the cause of the beating, i.e., did they have to subdue him because he initiated a fight or resisted his apprehension?  I don&#039;t know.  The article is sparse.

However, while I&#039;m of the opinion that a retailer does have the right to stop and detain criminals, it does not have any right to beat up criminals.  Any punishment should be carried out by the courts.

&lt;strong&gt;Aniban&lt;/strong&gt;: &lt;em&gt;&quot;Why Imagine so much , why not stick to the matters of the case . Your 8 yr old dead boy is just a red herring , to obfuscate a common sense issue . You are really thinking like a lawyer&quot;&lt;/em&gt;

Actually, I was thinking like a philosopher.  For example, Descartes imagined a world where nothing was certain in an attempt to determine if there was any certainty in the world.  Hume imagined that there was no certainty in any judgment based on cause in effect to determine if any such judgment could be trusted.  And of course Socrates/Plato would take assertions down to their fundamental nature to determine if they contained any truth.

Thus my example was not used &quot;to obfuscate a common sense issue&quot; but was the use of common sense to show how retailers do in fact have some limits.  And from what I gather, you seem to agree that they have such limits.

You disagree with the judge in this case.  As I don&#039;t know the facts, I do not have an opinion either way.  My point isn&#039;t to say that the judge was right or wrong &lt;em&gt;in this case&lt;/em&gt;.  My point is that retailers do have limits.
]]></description>
			<content:encoded><![CDATA[<p><strong>OBQuiet</strong>, maybe I&#8217;m just a poor writer, but I think you misread my posting.  I&#8217;m not in favor of shop owners having the right to shoot shoplifters of any age.</p>
<p><strong>Jb</strong>. <em>&#8220;While there certainly is a boundary that should not be crossed in defense of one&#8217;s goods, this seems to be clearly within it.&#8221;</em></p>
<p>From the article I read, it was not clear to me.  The guy claimed he was &#8220;beat up&#8221; and the judge believed it.  I personally do know know what &#8220;beat up&#8221; means in this context.  And even more importantly to me, was he the cause of the beating, i.e., did they have to subdue him because he initiated a fight or resisted his apprehension?  I don&#8217;t know.  The article is sparse.</p>
<p>However, while I&#8217;m of the opinion that a retailer does have the right to stop and detain criminals, it does not have any right to beat up criminals.  Any punishment should be carried out by the courts.</p>
<p><strong>Aniban</strong>: <em>&#8220;Why Imagine so much , why not stick to the matters of the case . Your 8 yr old dead boy is just a red herring , to obfuscate a common sense issue . You are really thinking like a lawyer&#8221;</em></p>
<p>Actually, I was thinking like a philosopher.  For example, Descartes imagined a world where nothing was certain in an attempt to determine if there was any certainty in the world.  Hume imagined that there was no certainty in any judgment based on cause in effect to determine if any such judgment could be trusted.  And of course Socrates/Plato would take assertions down to their fundamental nature to determine if they contained any truth.</p>
<p>Thus my example was not used &#8220;to obfuscate a common sense issue&#8221; but was the use of common sense to show how retailers do in fact have some limits.  And from what I gather, you seem to agree that they have such limits.</p>
<p>You disagree with the judge in this case.  As I don&#8217;t know the facts, I do not have an opinion either way.  My point isn&#8217;t to say that the judge was right or wrong <em>in this case</em>.  My point is that retailers do have limits.</p>
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		<title>
		By: Anirban		</title>
		<link>https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/comment-page-1/#comment-7129</link>

		<dc:creator><![CDATA[Anirban]]></dc:creator>
		<pubDate>Mon, 30 Apr 2007 12:28:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4854#comment-7129</guid>

					<description><![CDATA[Ima Fish ,
Why Imagine so much , why not stick to the matters of the case . Your 8 yr old dead boy is just a red herring , to obfuscate a common sense issue . You are really thinking like a lawyer.Hope the storeowners don&#039;t start imagining like you.
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			<content:encoded><![CDATA[<p>Ima Fish ,<br />
Why Imagine so much , why not stick to the matters of the case . Your 8 yr old dead boy is just a red herring , to obfuscate a common sense issue . You are really thinking like a lawyer.Hope the storeowners don&#8217;t start imagining like you.</p>
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		<title>
		By: jb		</title>
		<link>https://www.overlawyered.com/2007/04/canada-crook-wins-damages-for-injury-during-theft/comment-page-1/#comment-7128</link>

		<dc:creator><![CDATA[jb]]></dc:creator>
		<pubDate>Mon, 30 Apr 2007 12:12:08 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4854#comment-7128</guid>

					<description><![CDATA[Fish,
I think we can agree that (a) the shoplifter was an adult, and (b) the store employees went after him unarmed.

While there certainly is a boundary that should not be crossed in defense of one&#039;s goods, this seems to be clearly within it.
]]></description>
			<content:encoded><![CDATA[<p>Fish,<br />
I think we can agree that (a) the shoplifter was an adult, and (b) the store employees went after him unarmed.</p>
<p>While there certainly is a boundary that should not be crossed in defense of one&#8217;s goods, this seems to be clearly within it.</p>
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