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Avoiding Legal Pitfalls: The Duty to Anticipate and Prepare for Emergencies

​​Companies don’t go to jail; people do. - Anonymous. Many of the legal pitfalls that organizations encounter in the aftermath of incidents can only be avoided by effective system controls implemented before incidents occur. The consequences of the failure to train and otherwise prepare the organization’s personnel to respond appropriately when an incident occurs are often the most costly aspects of the incident. Fortunately, these consequences are foreseeable and manageable.
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Companies don’t go to jail; people do. - Anonymous

 

Many of the legal pitfalls that organizations encounter in the aftermath of incidents can only be avoided by effective system controls implemented before incidents occur. The consequences of the failure to train and otherwise prepare the organization’s personnel to respond appropriately when an incident occurs are often the most costly aspects of the incident. Fortunately, these consequences are foreseeable and manageable.

 

We invite you to join us as we present some tips on dealing with legal aspects pertaining to incident investigations. Topics will include:

  • The Duty to Anticipate and Prepare for Emergencies
  • Preservation of Evidence
  • Handling the News Media and Potential Liability Exposures
  • Statements by Employees that May Be Used Against the Organization, and
  • Statements and Conduct Generally Inadmissible to Prove Liability

 

NOTE: The legal principles outlined in this webinar are not representative of the law of any particular jurisdiction. Sources of law cited herein include federal law, scholarly treatises, legal encyclopedia, and federal and state cases selected to illustrate the principles addressed. Certain legal rules may vary significantly among the jurisdiction(s) where the organization does business. You must consult competent legal counsel in the(se) jurisdiction(s) to determine the rules that apply to your operations in those locales. This webinar does not constitute any manner of legal advice nor does DNV warrant any content for correctness under any law(s).

 

Presenter

Kathy E. Adams, J.D.

Ms. Adams is a senior consultant, corporate trainer, researcher and writer for DNV. Since 1990, she has specialized in Incident Investigation, Safety Management, Risk Assessment, Contractor Management and other loss-control issues. She has been a popular speaker at organizations such as the National Safety Congress and Association of Safety Engineers.

 

Based on her legal expertise and questions she has fielded during nearly 20 years as an instructor in Incident Investigation, Kathy has written a book entitled Legal Aspects of Incident Investigation; it is the foundation text for a course offered by DNV under the same title. Recommendations from the text are used in this presentation as well as in the 3-day Incident Investigation course she teaches for DNV Academy.

 

Ms. Adams practiced law as litigation attorney 1985 – 1989. Member of Georgia and South Carolina Bar Associations.

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