Carry at work -- a prototype law for PA?

[legendarylorot]

The problem, as johnnysquire pointed out, is that we're dealing with civil court and not criminal court. With crimes, things are fairly cut-and-dry: either it meets the requirements to be defined as a specific crime, or it doesn't.

Civil law isn't nearly as straightforward-nearly everything is done on a case-by-case (literally) basis, with a nod to legislation and precedence. Strict liability wouldn't work, because situations vary so greatly that a strict liability ruling could be unfair to either party. Any legislation would have to be somewhat vaguer than Chuck suggests so that judges have a free hand to handle actual justice, with a legislative guideline.

Actually, it might be harder, but this could be more comprehensively handled via OSHA guidelines.

[ImminentDanger]

My original post regarded the possibility that the proposed Ohio law might remove 'any existing' liability from the employer who would 'prohibit a licensee from bringing, a handgun onto the premises or property of the private employer.'

http://www.wdc-online.org/index.php/download_file/262/

Civil lawsuits brought by an employee against his employer are
infrequent, even in the criminal acts context, because of applicable
workers’ compensation statutes. The employee typically files for
workers’ compensation benefits in connection with an injury at work,
even if that injury was due to a criminal attack. The “exclusive
remedy” provision of most workers’ compensation statutes would then
prevent the employee from suing the employer in a civil action.

This entire article (in PDF) might be a worthwhile read for anyone considering this topic....

Note particularly the comments regarding pre-1960 - implying that the courts previous to that era held the actor alone responsible for their acts...

...

The expansion of government intrusion into our lives (for our own good) has had the very detrimental effect that far too many people now believe that every crevice of everybody's life is up for debate and public intrusion...

...

[schr8er2000]

I am confident that not everyone agrees with that!

Well I suppose there are some that feel that they live in a perfect world, and that free coffee and lunch is provided, as well as insuring that all workers are protected from bad situations.

I DO NOT.. and know that no matter how much "PROTECTION" an employer SAYS they provide, its a myth. Bad thing can happen at any time, under almost any condition. People have been attacked at work with anything and everything.

Sure, you can get Workmans Comp if you are injured ON the job... but what about going to and from that work place ? No employer can protect you during that time frame. And therefore comes the fact that SELF DEFENSE is the only alternative to insure your safe arrival during this travel.

[Mosinshooter762]

Has any company ever been held liable by a court for something an employee had in their car in the company parking lot?

Is the compelling of private property owners/companies by government force to do something, or not do something consistent with liberty?