? 
Liked by
The recent murder
of Surendra Dangol in
THINGS TO BE AWARE OF TO SUE A VIOLATING STORE/STATION
ENDANGERING THE LIVES OF STORE CLERKS:
- The
store must have adequate security cameras
- A
second staff must be available at all times during graveyard shifts
- A
bullet proof glass or similar measures must have been adopted.
- Repetition
of dangerous activities raises the liability of the store owners.
- A
possible case can demand (1) full compensation for victim's estate and
children and
aggravating circumstances damages, (2) punitive damages to force employer to opt for better security measures (3) costs of litigation, and other relief.
Working odd jobs at gas stations,
convenience stores, liquor stores and restaurants is not luxury for the
Nepalese but a necessity. Often, we
find work, specifically vacant for the graveyard shift, considered risky and
dangerous. The pay is same minimum wage ranging from five dollars to nine
dollars, sometimes with some perks such as an-hour-an-half pay. Is it worth it?
Again, this is our necessity, not a luxury. Graveyard shifts are considered
dangerous, risky and full of threats no matter where you live in the
On September 28, 2008 when Ashok Bhattarai was murdered in
Missoiri City, hundreds flocked in at the store, expressed their grief and
condolence and demanded justice be done. The mayor and the police department
vowed to take action and as a result the culprit was arrested and is being
tried. Whatever happened to First Stop Food Store’s liability towards the
victim’s family, we do not know! Similar fate of Late Rabindra Sharma in
In case of Surendra Dangol, the
criminal is at large, a white suspect. In case of Ashok Bharttarai, a
teen ager 17-year-old Raymond Whitcher is being tried for murder. Theodis
Dodson has pleaded guilty to capital murder of Gaurab Rajbanshi and
received a life sentence while Jeff Dodson is being tried for the death penalty
for killing in the same case and Fredrick Hughes who was in the get-a-way car
and was found not guilty. In case of Jas Bahadur Rai, Leonard Junior
Coulter, 46, was arrested. On the other hand, status of Himank Karki’s
murderer is still unknown. Weren’t the business owners, where the victims died,
responsible ethically and legally to some extent? What about the accidental
murder of Amrit Dhital, Puskar Acharya, Prahlad Gurung and
Subash Gurung who were killed in Leon County, TX on January 7, 2006 , in
which the victims were not at fault and were hit by another car? What about Utsav
Basnet, Bedija Kharel and Nishma Timilsina killed in a car
accident in
ARE
WE BEING FAIRLY COMPENSATED? THIS IS THE BIG QUESTION.
Based on my research as a law student, a Tort
Case against the employer store/station if the owner does not cooperate to
compensate the victims family. The case could be for : (1) compensatory and
punitive damage and (2) Wrongful death OR (1) Workers Compensation.
In any case, the owner will be liable
for compensation towards the victims family i.e wife, children and any other
direct dependents.
There
could be a huge verdict (although it will take a couple of years if the
victim’s estate does not settle with the employer) requiring the employer to
pay compensatory damage to the family, Punitive damages to pay for creating
more safe and secure environment at the stores AND/OR pay the family with
weekly workers compensation allowances for a long time. See the Link below.
A
comparative Analysis in Late Surendra Dangol’s case can be read here.
What is Workers’
Compensation?
When an employee is injured in the course of his or her employment, the injured
worker is
entitled to a number of statutory workers compensation benefits. The workers’
compensation
benefits include:
o Permanent and Total
Incapacity Benefits
o Vocational Rehabilitation Services
o Reasonable Burial Expenses up to $4,000 where Injury Results in Death
o Weekly Benefits to Surviving Spouse until she remarries
o Weekly Benefits to Dependent Children
What is a Wrongful Death?
In
contrast with murder and manslaughter, which involves the taking of a human
life without legal justification, which are
criminal acts punishable by imprisonment or death, claims for “wrongful death” are civil actions, by
which the estate of the decedent seeks monetary compensation for death brought about
by negligence.
The employer shall be liable in damages in the amount of: (1) the fair monetary value of the
decedent to the persons entitled to receive the damages recovered, as provided in
section one, including but not limited to compensation for the loss of the
reasonably expected net income, services, protection, care, assistance, society,
companionship, comfort, guidance, counsel, and advice of the decedent to the
persons entitled to the damages recovered; + (2) the reasonable funeral and burial
expenses of the decedent; + (3) punitive damages in an amount of
not less than five thousand dollars in such case as the decedent's death was
caused by the malicious, willful, wanton or reckless conduct of the defendant or
by the gross negligence of the defendant; except that (1) the liability of an
employer to a person in his employment shall not be governed by this section, [this
means workers compensation applies]
Disclaimer: The article or any of the articles in this
series may not be and should not be constituted as legal advice. Each case has
its own merits and differs from the other. The facts used are based on the
information disseminated on Late Dangol’s case in different US and
International Medias. Writer does not claim responsibility for any action
arising out of the academic research nor it is an intent or attempt to defame,
libel or slander.
The writer is exercising
his First Amendment Right to Speech.