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Tort And Regulatory Risk Essay

1345 words - 5 pages

In order for companies to avoid litigation as a result of tort liability, a number of available actions for businesses may be effected. "Conservation of loss of resources, to include lives, and the minimization of product liability losses begins at the top management level and emanates throughout the operating management level and filters down to the attitudes of all the other employees." (Robertson, 1981) With respect to intentional torts, a company may institute policies which preclude the issuance of disparaging statements or publications which could be construed to be directed towards a person's reputation, honesty or integrity. (Jennings, 2006) Although statements of truth may be contested, the primary action would concern information which may be deemed untruthful. Another action would be to convey to marketing departments that interference with existing contracts cannot be tolerated and must be avoided at all costs. Retail management would need to be apprised of their rights with regard to the detainment of those who are apprehended for shoplifting at their locations. Education of employees concerning limits of contact will avoid instances of emotional distress. (Jennings, 2006) This is particularly applicable in cases of debt collection. Care in the handling of private information can be construed to be an invasion of an individual's private affairs. This last item is specifically addressed by the Department of Health and Human Services through the Health Insurance Portability and Accountability Act of 1996 in which healthcare providers are required to comply with certain privacy requirements. (Jennings, 2006) Care must be exercised with the possibility of unauthorized appropriation of the property of others otherwise known as intellectual property rights. This may take the form of inappropriate use of professional efforts such as a photograph, a movie, a publication or an artistic effort.Further attempts by companies would include the avoidance of litigation brought on by what would be considered to be negligence. Expediency would suggest that educational efforts by companies to their management employees with regard to the legal concepts of "respondeat superior" in which generally an employer is responsible for the actions of their employees and to the employees as to the concept of "frolic and detour" in which the employee may be held responsible should his or her activities be outside of the normal and prescribed duties of employment. All employees should be at least familiar with the elements of negligence which include the duties of an ordinary and prudent person, the failure to meet those duties and the resultant causes from that failure. (Jennings, 2006) "Negligence may be proved by the fact that a person has committed an act or has failed to commit an act in the design, manufacture or presentation of the product." (Noon, 1981)In order to avoid product liability litigation, a company should institute documented policies which...

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