Deliberate Indifference - how do you combat negligence?

Deliberate Indifference

Sometimes we have to ponder, what is worse than deliberate indifference? How does a billion-dollar industry like private security services survive tort claims of what some people call reckless or callously indifferent behaviors as a lesser intent of carelessness or neglect? Should it not be a higher form of neglect? For a lack of a better word, it seems that deliberate indifference is done with some sort of premeditation.

How do you address workplace conditions that run opposite of the polarity or context taught during the training process? Do you risk being vocal or file a written complaint, knowing you are a probationary employee and risk termination for incompatibility with the company? Where do we go if the standards taught are not being upheld in the field?

This sets up an attitude or behavior of what is best known in any business as ‘premeditation’ in the fact that ignoring certain workplace conditions establish a proven standard of culpability for someone in the chain of command. Some people call it ‘willful blindness’ 0r the ‘lack of will to change’ what has always been done a certain way and not worthy of a management review or assessment to make changes. In the tort law, we have a continuum that consists of negligence, gross negligence, deliberate indifference and wanton or egregious indifference.

However, technically, what is worse than deliberate indifference? What is reasonable to claim to have been ignored or put at risk because of this lack of will to make a change or willful blindness? What is a reasonable defense or rebuttal for such behavior where a higher source of authority, a judge or a jury have to decide by the preponderance of the evidence which is the most unreasonable?

If I were to research this matter in the industry, I would find a substantial amount of cases of analogous situations where people were put at risk where they were mistreated or ignored by management because of downright neglect or indifference. The problem can be solved by merely addressing the matter timely and completely.

Instead of addressing those issues at hand, management chooses to ignore or ask for an extension to look into the matter or answers with an answer and not an option or motion to change or dismiss the complaint and lastly, chose the option or motion to not change or address the complaint without looking at the evidence, documentation or even the core of the complaint and label the employee a ‘disgruntled’ or ‘problematic’ employee. I am unable to go mano a mano with the industry. In regards to my concerns, it would do me no justice or good to complain about something that others would call ‘whining’ and irrelevant to the quality or efficiency of the supervision provided by management on the job.

I know they can make me look weak by virtue of the fact that I am but a mere hourly employee and that the span of control is not within my reach or that of the person I logged the complaint with at the time. In the specific area of concerns, I need to document it without biases or discriminatory behaviors. I need to show ‘a pattern-and-practice’ and establish facts, not opinions. Hence, my reliance to show cause for concern hinges on my ability to document and show proof and truth – two elements often challenged even when overwhelmingly clear and real.