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TRIP, FALL AND CATCH THE WAVE: AN INTERACTIVE GUIDE TO RISK MANAGEMENT

TRIP, FALL AND CATCH THE WAVE: AN INTERACTIVE GUIDE TO RISK MANAGEMENT. H oward Franco, Jr., Esq. Michael L. Wroniak, Esq. Christie Bodnar Swiss, Esq. THE INCIDENT.

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TRIP, FALL AND CATCH THE WAVE: AN INTERACTIVE GUIDE TO RISK MANAGEMENT

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  1. TRIP, FALL AND CATCH THE WAVE: AN INTERACTIVE GUIDE TO RISK MANAGEMENT

    Howard Franco, Jr., Esq. Michael L. Wroniak, Esq. Christie Bodnar Swiss, Esq.
  2. THE INCIDENT
  3. TODAY YOU WILL LEARN… WHAT TO LOOK FOR WHEN INVESTIGATING CLAIMS HOW TO TAKE STATEMENTS RESPONDING TO CLAIMS DEALING WITH THE MEDIA
  4. GENERAL OVERVIEW Types of Claims Trip/Slip and Fall Workplace Injury Third Party Liability Products Liability
  5. ELEMENTS TO ESTABLISH LIABILITY Depends on the Type of Claim Tort Based Contract Based Public Entity v. Private Entity Statutory Requirements Common Law
  6. NEGLIGENCE ELEMENTS TO ESTABLISH LIABILITY DUTY BREACH OF THE DUTY CAUSATION DAMAGES
  7. PRODUCTS LIABILITY ELEMENTS TO ESTABLISH LIABILITY HARMED BY A PRODUCT THAT CONTAINED… MANUFACTURING DEFECT DESIGN DEFECT FAILURE TO WARN
  8. WHY DID WE JUST GO THROUGH THIS? USE THESE ELEMENTS TO CONDUCT YOUR INVESTIGATION! Keys to the investigation OWNERSHIP CONTROL NOTICE
  9. THE TIMELINE FIRST: THE INCIDENT OR RECEIVE CLAIM FORM SECOND:BEGIN INVESTIGATION THIRD: CLAIM RESPONSE FOURTH:LAWSUIT
  10. FIRST: NOTICE OF INCIDENT INCIDENT FORM PROTOCOL Develop Protocol Communicate and Follow Protocol “CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION” or “PREPARED AT THE REQUEST OF COUNSEL” or “PREPARED IN ANTICIPATION OF LITIGATION”
  11. SECOND: INVESTIGATION INCIDENT FORM Time, Date and Activity Observations ONLY NO Opinions
  12. INVESTIGATION GATHER INFORMATION IMMEDIATELY Determine if claim has merit Preservation of evidence FIX THE PROBLEM?
  13. DEALING WITH CLAIMANTS (AND CLAIMANT’S COUNSEL) Respect Courtesy Understanding Professionalism Sincerity DO NOT EXPRESS ANY OPINIONS! Avoid commentary Stick to Facts…remember Joe Friday
  14. CLAIMANT THIRD PARTY WITNESSES EMPLOYEES INDEPENDENT CONTRACTORS OBTAIN STATEMENTS
  15. SAMPLE STATEMENT
  16. GATHER DOCUMENTS Inspection Reports Maintenance Records Citizen Service Requests/Complaints E-mails and other correspondence Prior Tort Claims Original Design Documents
  17. GATHER MORE DOCUMENTS Contracts Meeting Minutes City Council Agendas/Reports Municipal Codes
  18. GATHER MORE DOCUMENTS Photographs Videos OF WHAT? Physical Injuries Property Damage Accident location Many different angles Alleged dangerous condition
  19. GATHER MORE DOCUMENTS Social Media
  20. WHAT’S NEXT? Preserve Documents and Things! Create Paper Trail of Investigation NO OPINIONS Tender to Third Parties Independent Contractors Contractors Insurance Carriers Insurance Brokers Public Entities May need to do your own Tort Claim
  21. THIRD: CLAIM RESPONSE Deny Settlement Worker’s Compensation Disability
  22. WORK AS A TEAM
  23. Team Building… WHO IS ON THE TEAM? Attorney Claims Representative/Risk Manager Organizational personnel
  24. Team Building… Define roles and responsibilities at outset of investigation Division of labor Avoid duplication of efforts Cost savings
  25. Team Building… Attorneys and claims/risk managers need to communicate with each other regularly E-mail, Phone or In-Person Attorney reports should contain critical analysis and recommendations Open and honest communication BOTH GOOD AND BAD!
  26. Team Building… Attorneys and claims/risk managers need to communicate with each other regularly E-mail, Phone or In-Person Attorney reports should contain critical analysis and recommendations Open and honest communication BOTH GOOD AND BAD!
  27. Media Concerns Media shapes and forms public opinion with how it reports your case in several different ways…
  28. Media Concerns Places officials in the public light Pressure on company and claims handlers Causes public uproar regardless of “real” facts Makes case seem larger than it is Puts your company in a defensive position
  29. COMMON MISTAKES Too many people making statements One Person One Agency Making or not making a statement or talking to the press Statements that fuel the fire
  30. FOURTH: THE LAWSUIT YOUR INVESTIGATION PROVIDES GROUNDWORK FOR DEFENDING LAWSUITS!
  31. TYING IT ALL TOGETHER Investigation evidence Claim Report Documentation Photographs/videos Statements Assess Liability Assess Damages Direct Evidence Indirect Evidence Impeachment Evidence Depositions Develop Theme(s) Assess Liability Assess Damages
  32. QUESTIONS? Howard Franco, Jr. Christie Bodnar Swiss Collins Collins Muir + Stewart Collins Collins Muir + Stewart 2173 Salk Avenue, Suite 250 2173 Salk Avenue, Suite 250 Carlsbad, CA 92008 Carlsbad, CA 92008 Tel: (760) 274-2110 Tel: (760) 274-2110 hfranco@ccmslaw.com cswiss@ccmslaw.com Michael L. Wroniak Collins Collins Muir + Stewart 750 The City Drive, Suite 400 Orange, CA 92868 Tel: (714) 823-4100 mwroniak@ccmslaw.com
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