Hypothetical situation and laws

[Indrid Cold]

I just thought of this the other day, fulfill my curiocity please (I'm using names to make it easier to understand):

John drives his car from work to his house through the same street every day. Jason, who wants John dead, knows that. One day some company sends workers to dig on that street (why is irrelevant here). The workers dig a very deep hole and put signs around it so that people will be careful not to fall in.
When the workers are done for the day, John still hasn't come home. Jason, without anyone noticing him, goes and removes the signs, fence, and everything else from around the hole. John falls in the hole with his car and dies, and no one knows Jason is the one who caused that.
Peter was the worker responsible for making sure signs were there. The company gets sued for not placing signs, and as a result fires Peter, although he insists he put signs up.

Several years later, Peter still hasn't found a good job and is now poor, although not homeless, so people could still find him by his name. Something happens and Jason's deeds are revealed and proven, so Jason is prosecuted for John's murder.

1)Will the company that Peter worked for get any compensation, since it is now revealed that it wasn't their fault the signs were missing?
2)Will Peter himself get any compensation, since his life has been wrecked because of a mistake he never made?

There's no particular reason that I'm asking this, just a thought that appeared in my mind.

[Bunnie]

I should actually know the correct answer...but this is an educated guess.

Due to the conviction of Jason, there is therefore proof that he removed the signs. However, as it was proved in a court of law, that Peter and his Company were to be held responsible, that would still stand. They could take the case to appeal, and due to new evidence could be found Not Guilty. But the prosecution would argue that they still had the responsibility, and therefore should have had something in place to ensure incidents such as this did not happen. Not just have signs around the area, boards over the hole, lighting around the area. If there was any impression someone could be harmed in this situation, it was their responsibilty to ensure this did not happen. Its a common law duty of care.

The court would not pay out compensation, this is relatively rare, and happens in very extreme cases, so unless the company attempt to sue Jason, I dont know how they will claim any comp.

That ok my dearie?

Edited coz I got the names the wrong way round :blush:

[katralla]

I am amused. Were you very bored when you came up with that hypothetical situation?

[Bunnie]

I am amused. Were you very bored when you came up with that hypothetical situation?
it is worrying...I am thinking that there is a 'John' out there and Indrid wants to be a 'Jason', and he is wondering what will happen :p

[Indrid Cold]

I am amused. Were you very bored when you came up with that hypothetical situation?
hehe, I often wonder about things like that, bored or not. :D

Don't worry Bunnie, I don't want to kill anyone. Though if I did, the questions I asked wouldn't make it easier, no? ;)

[Bunnie]

hehe, I often wonder about things like that, bored or not. :D

Don't worry Bunnie, I don't want to kill anyone. Though if I did, the questions I asked wouldn't make it easier, no? ;)
hehe! no!! be good young man!

[Indrid Cold]

Then again, maybe I asked the "wrong" questions to seem innocent, although I got the "right" answers as well. :razz:

[budda]

You are mixing up laws between the criminal and the civil.

As long as the company could prove that it did all it could within its power to place signs there and secure them, if they were later removed that would not be deemed their fault.

And, even if they didnt do all they could the idea that one fence operative would be singularly blamed in an investigation is rubbish. It would be the site manager, and the chances are they would get off too. The extent of it would be a large fine.

But thats probably a boring answer.

[Indrid Cold]

Well, I was mainly asking what would happen if someone lost their job for a mistake they never made, and the truth was only revealed too long afterwards (like 5 years). I just gave an example, I wasn't expecting people to delve in the technicalities. :p

[budda]

I just gave an example, I wasn't expecting people to delve in the technicalities. :p

Sorry for answering the question too correctly.