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I am an employer. Am I liable if I ban concealed carry, and one of my defenseless employees gets attacked? |
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In giving a "no-guns" notification to customers or employees, a business may incur an extraordinary liability should customers or employees be attacked while at the business or in the business' parking lot, since the management has specifically preempted the individual's right of self-protection.
Further, businesses may incur an extraordinary duty of care and responsibility to protect customers and employees while they are on the business property. But even an attempt to provide extra protection does not negate the extraordinary liability incurred by usurping the personal rights of its customers or employees.
Generally, when businesses consult their attorneys and their insurance companies concerning the extraordinary liability and the extraordinary duty to provide more extensive safety and protection for customers, the signs immediately come down.
We recommend that businesses that have posted such signs check to be sure they understand the legal and financial consequences of such unwise actions, and to be sure their insurance is sufficient to cover the potential for additional liability.
For more information, please visit www.ofccpac.org, and consult the section entitled "What Businesses Need to Know about CCW".
This is not intended to be deemed or considered legal advice. It IS intended to advise decision-makers to seek unbiased legal advice on the issues of extraordinary liability and extraordinary duty of care and responsibility to protect customers while they are on the business property before posting discriminatory signs barring CHL-holders.
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Article Id: 157 - Version: 1 - Created: 17-03-2006 - Last Updated: 30-11-1999 - Hits: 1794