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  1. #1

    Default What Are Unforeseen Circumstances

    My question involves an injury that occurred in the state of: Ontario, Canada

    I'm having difficulties with trying to pinpoint or determine what the following legal terms or explanations are for the following:

    1). Unforeseen circumstances or events

    2). Knowing of an event which took place beforehand and not doing anything legally or procedurally to prevent it from happening again. If an event took place (when there was already supposed policies and procedures in place to prevent it from happened) and then it happened again, even though it was supposedly taken care of, what is the legal definition of this or term to describe this? Is it negligence?

    TIA,
    Ontario guy

  2. #2
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    Default Re: What Are Unforeseen Circumstances

    Ontario is not a U.S. state, and this is a U.S. forum, but seriously... dude, get a dictionary. This is plain English.

    Unforeseen.
    Circumstances.
    Events.
    Negligence.

  3. #3
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    Default Re: What Are Unforeseen Circumstances

    Anyone who thinks Ontario, Canada is a US state could also have trouble understanding plain English.

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    Default Re: What Are Unforeseen Circumstances

    Quote Quoting livinginontario
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    My question involves an injury that occurred in the state of: Ontario, Canada
    This is basically a US board but negligence law has some relatively universal elements so I'll give you some general information.

    Quote Quoting livinginontario
    View Post
    1). Unforeseen circumstances or events
    That's already the definition of "fortuitous" so it's difficult to define a definition other that saying that it's something that cannot be predicted or expected.

    Quote Quoting livinginontario
    View Post
    2). Knowing of an event which took place beforehand and not doing anything legally or procedurally to prevent it from happening again. If an event took place (when there was already supposed policies and procedures in place to prevent it from happened) and then it happened again, even though it was supposedly taken care of, what is the legal definition of this or term to describe this? Is it negligence?
    No, if somebody does their best to correct a defect and the same thing happens again despite their best efforts, then it's not negligence.

    Once you have determined that there is no negligence then what you call what's left doesn't really matter because you don't get any money for it.

    Provide the details of what happened and perhaps I can give you an analysis.

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    Default Re: What Are Unforeseen Circumstances

    Quote Quoting adjusterjack
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    No, if somebody does their best to correct a defect and the same thing happens again despite their best efforts, then it's not negligence.
    Point of order: It can be negligence. Sometimes to fulfill your duty to others you need to have the problem corrected by somebody with a greater skill set than you possess.

  6. #6

    Default Re: What Are Unforeseen Circumstances

    Wow, Mr. Knowitall and eerelations, is this the way you treat everyone on this site? Why be rude to someone asking a question when they just want some clarification or a 2nd opinion on it?

    Thank you adjusterjack, at least you are civil and helpful.

    I just wanted to make sure that unforeseen circumstances or events is something that's commonplace in terms of being used. If it's referred to as fortuitous usually, even better, I will refer to that term instead.

    In hindsight, at my work there was an incident where someone was able to get into a restricted area with the help of our security officers. This person either lied or conned their way into the restricted area (closed off to the public) and is behind security door (accessible only by a keycard) and past the security booth which is bulletproof. This individual was not checked for ID or for any weapons and left unattended for approx 10 mins without security knowing who he was. He was looking for me and as I walked past this area, he was standing with a manager who pointed me out to him (as he didn't know what I looked like) without my permission. He then quickly left the building with no incident but also no identity too. The security team then tore out the log book from that day and also lost the video footage of the incident. My employer was notified of this incident soon afterwards and promised to rehaul all the security procedures and retrain everyone on the steps to be taken with members of the public in the building. No proof though was shown any additional training or procedures were ever changed or addressed for this incident.

    A few months later, the same thing happened again, except this time a member of the public (different person) was able to not only get inside the restricted area but also able to wander hallways with a loaded gun. This individual even conned another manager into leading them to my actual workspace without anyone asking who they were and why they were in the building (my building is high security, blocked off from the public, deals with very sensitive material). This individual, again, was not asked for ID when they came to my building, not checked for weapons and not asked why they needed to see me. They got within a few feet of my desk, I was not there at my desk at the time, and then it was discovered they were not there for business and escorted out of the building quickly without anything happening.

    My second question was dealing with negligence in the fact one incident happened when there was already high security and procedures in place well before it happened, so it shouldn't have happened except for the fact many people fell asleep at the wheel that day or just were too lazy to do their jobs. The fact that it happened only a few months later, this time with a loaded gun (which multiple witnesses have stated was seen on the individual when walking) and being led to my area (they stated they were there to see me) is enough to prove to me negligence on my employer's part. The police charged this person as well with trespassing and gross misconduct but they couldn't prove the gun was going to be used, so there was no criminal misconduct charges laid.

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    Default Re: What Are Unforeseen Circumstances

    Quote Quoting livinginontario
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    Wow, Mr. Knowitall and eerelations, is this the way you treat everyone on this site? Why be rude to someone asking a question when they just want some clarification or a 2nd opinion on it?
    You disregarded the forum's instruction that this site is only for U.S. legal issues, and asked questions that you could have answered yourself if you spent thirty seconds with a dictionary. Now you want to act like a spoiled, entitled brat? Wow.

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