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Link Posted: 4/22/2024 7:32:26 AM EDT
[#1]
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Originally Posted By DoctorCAD:
I'd bet that she isn't getting anything from Instacart.  They aren't the drivers employer, they are just a website .

The driver is 109% responsible.
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If they are providing a service where they direct drivers to her door, they have liability in vetting who those drivers are. Yes, the GF has a huge share of the responsibility, but steps should have been taken to prevent things like this.

A whole lot of things got missed in their business model if we are at a point where females customers are getting curb stomped in their front yard by people delivering their service.
Link Posted: 4/22/2024 7:40:37 AM EDT
[#2]
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Originally Posted By BillofRights:


There’s a valuable lesson here:    People are used to the idea that workers are going to act with restraint and civilized demeanor Because they are working and representing the Company.  

It’s not necessarily true at all, for contract workers on the fringe of society.   She assumed he was more than just a common criminal, but that was a mistake.
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IMO, there are two parallel but completely separate existences in this country for black and white people. They both have completely different outlooks, different standards for their own behavior, different standards of what is expected of them socially, different standards for expectation of impulse control, and totally different standards for appropriate use of violence as a means of achieving our wants.

It’s to a point where we can’t use our own logic to understand each other anymore, the difference is that great… I do believe that in my lifetime it is going to come to a head and be dealt with directly though and a lot of good people on both sides are going to suffer.

IMO, this is an extrapolate result of the Welfare State making the Black Man redundant in their nuclear family unit. No other result can be expected-without men around, boys will teach themselves how to be men.
Link Posted: 4/22/2024 7:42:16 AM EDT
[#3]
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Originally Posted By Brutus_15:
I wonder if the driver is an employee or an independent contractor. Vicarious liability becomes a little tougher if they are an independent contractor. Think you’d have to prove he was a known shitbag before hiring.
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No court in the world is going to let a corporation off the hook when the victim is a woman who got beat into the ER by one of their “contractors”.
Link Posted: 4/22/2024 8:07:02 AM EDT
[#4]
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Attachment Attached File
Originally Posted By Aimless:
Hire a lawyer?
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Link Posted: 4/22/2024 8:11:25 AM EDT
[#5]
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Originally Posted By DoctorCAD:
I'd bet that she isn't getting anything from Instacart.  They aren't the drivers employer, they are just a website .

The driver is 109% responsible.
View Quote

I'd bet you're 109% wrong.

All she has to do is leak the video to the news and Instacart will be begging her to take a check before she calls a lawyer.


Link Posted: 4/22/2024 8:51:35 AM EDT
[#6]
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Originally Posted By Spade:


If Instacart wasn't responsible in any way, they shouldn't have apologized.
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That letter wasn’t an actual apology. It was likely worded saying that they are sorry it happened and that drivers are not employees and such, just basically shifting the blame.
Link Posted: 4/22/2024 9:22:59 AM EDT
[#7]
No mugshot of offending instacart driver ?
Link Posted: 4/22/2024 9:24:32 AM EDT
[#8]
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Originally Posted By Dagger41:
No mugshot of offending instacart driver ?
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Do you really need one?
Link Posted: 4/22/2024 9:35:01 AM EDT
[#9]
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Originally Posted By Agilt:

Do you really need one?
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Yes. Just to be sure.
Link Posted: 4/22/2024 9:35:48 AM EDT
[Last Edit: Dagger41] [#10]
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Originally Posted By Agilt:

Do you really need one?
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One can never be sure enough.

Damn DT.
Link Posted: 4/22/2024 9:41:57 AM EDT
[#11]
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Originally Posted By StromBusa:


from another thread:


"Undercover St. Louis officer beaten by colleagues during protest awarded $23.5 million"
https://apnews.com/article/st-louis-officer-beating-235-million-award-e02ff1a30667a4872afea1a0675b4c77
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Originally Posted By StromBusa:
Originally Posted By NoImpactNoIdea:
Originally Posted By CavScout:
She wont have to work anymore, tell her goodbye for us and enjoy retirement.



I love reading about the fantasy world you guys live in with regards to lawsuits.  

If you all quit spending all your time trying to get out of jury duty or talking about jury nullification you might see how civil court usually plays out.


from another thread:


"Undercover St. Louis officer beaten by colleagues during protest awarded $23.5 million"
https://apnews.com/article/st-louis-officer-beating-235-million-award-e02ff1a30667a4872afea1a0675b4c77



My wife is dealing with shit heads at her work. Every one and their grandma said “I’d own that company”

Lawsuits aren’t like you see on tv. The big pay outs you see on the news are a very small percentage of lawsuits. It’s better than lottery odds but it’s not like people think.


It’s someone with practically no money against someone with almost unlimited money. Then add in the fact that Lawyers are pieces of shit that are just as bad as the criminals.

Civil lawsuits cost huge amounts of money because they bill at $300-500 an hr and they can stretch out for years. So if you aren’t looking at enormous amounts of money a lawyer won’t take a case on a contingency basis. Because the 1/3 or whatever they charge won’t cover the costs. A normal person can’t afford it.

And even though this should be a slam dunk case, laws are complicated. If there’s one small detail that could throw the case that will give lawyers pause on wanting to take it. Just the fact that she’s white and he’s black is a factor to consider with how our society works today. It’s not right but that’s how it is.

She could get a settlement out of them, but to get anything huge would be a multi year process that hopefully goes right in every way. Just the fact that he wasn’t the correct driver may get instacart out of it. They will claim he wasn’t their employee or contracted hire, the blame can possibly shift even more towards the original driver for letting someone use their vehicle and credentials to do the job. They are in a way committing a fraud against instacart.


So long story short, there’s a real possibility she could be SOL. It’s the same with my situation. I can go after the shithead employee that harassed my wife,  but the company, the one with the real money has the time, resources, and lawyers to get out of it.


Link Posted: 4/22/2024 9:47:44 AM EDT
[#12]
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Originally Posted By TheOtherDave:



No court in the world is going to let a corporation off the hook when the victim is a woman who got beat into the ER by one of their “contractors”.
View Quote


And what if the person doing the beating isn’t even a contractor of the corporation but instead was falsely using  credentials to make orders? I understand your sentiment, and instacart may offer to settle to save face, but the legal argument is an uphill battle.
Link Posted: 4/22/2024 9:48:35 AM EDT
[#13]
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Originally Posted By fike:


Apply that benchmark to everything. It’s an untenable slippery slope. Do you favor biometric sensors on firearms?


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Originally Posted By fike:
Originally Posted By brewthunda:
Originally Posted By fike:


That pretty much absolves Instacart, unfortunately.


I'd say the opposite - they obviously don't have any system in place to make sure that the person you agree to hire is the person that is doing the actual delivery.  It wouldn't matter how many background checks they do, if they don't keep track of this.  Maybe they need facial recognition or something.


Apply that benchmark to everything. It’s an untenable slippery slope. Do you favor biometric sensors on firearms?




Yep, instacart would have a defense that they were defrauded by the real driver. And I’m sure they consider them contract employees.


Instacart, Uber, and all these type companies probably had the legal stuff worked out before ever sending the first delivery out.


It would probably have to be an extraordinary situation that could make it past all the legal hurdles and lawyers before getting a big settlement.
Link Posted: 4/22/2024 9:51:16 AM EDT
[#14]
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Originally Posted By SARS:

Never poke a bear unless you have the means to put it down if it charges.
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That’s a good saying.
Link Posted: 4/22/2024 7:02:01 PM EDT
[#15]
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Originally Posted By Taom:
An apology email?
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I call BS on that also. It’s like it’s standard practice for any company now to never, ever admit any guilt. even in the slightest.
Link Posted: 4/22/2024 7:19:24 PM EDT
[#16]
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Originally Posted By uncle_big_green:


LOL.

You meant being a pussy/sociopath and shooting a little old dog. You're right. It's not the same thing, but neither are excusable.
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Originally Posted By uncle_big_green:
Originally Posted By Bat15:
Originally Posted By Sebastian_MacMaine:
Originally Posted By 80085:
However, dirtbag bf was acting as an agent of Instacart by likely getting the groceries from the store via the app and delivering the groceries via the app.

I swear I just read another story exactly like this some time last week, before OP's coworker got attacked.  Someone was expecting a female delivery driver, turned out to be a guy doing the delivery, and the guy attacked someone.  There were even some photos and names of the should-have-been-the-driver, a black female.

Edit: half a second after I clicked "submit" I remembered the thread:

https://www.ar15.com/forums/general/-Completely-traumatized-Angie-Harmon-says-Instacart-driver-shot-and-killed-her-dog/5-2716973/

This one was in North Carolina and involved famous hot actress Angie Harmon, whose dog got shot by the actual driver (who wasn't the woman who was supposed to be delivering her groceries).



Beating a customer and shooting a dog that attacked the driver is not the same thing. Anyone attacked by a dog has the right to defend themselves. Unlike this incident, the driver did not flee and was not arrested. He or the woman driver or both are no longer independent contractors for the delivery service.


LOL.

You meant being a pussy/sociopath and shooting a little old dog. You're right. It's not the same thing, but neither are excusable.


LOL.

The Charlotte-Mecklenburg Police Department is standing by its decision to not press charges against the delivery person who killed Oliver, the German shepherd/beagle dog belonging to the “Law and Order” star. While police would not say how they determined the delivery person acted in self-defense, they insisted to TMZ that he was attacked and had bite marks on him from the dog.


How big do you think the dog was?


Source
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