Legal Aspects Intentional acts covered by statutes are criminal in nature; criminal cases are not concerned with compensation for the victim of a crime A civil wrong, or tort, is judged differently; an act or absence of act, resulting in injury
Legal Aspects Tort – victim starts and maintains lawsuit –Compensatory damages –Punitive damages O.J. Simpson case as an example
Legal Aspects Negligence - Acting or failing to act as a reasonable and prudent person would guided by ordinary conditions. In determining liability, I.e. the legal consequences of negligence, a judge or jury would apply the above definition to a specific situation.
Legal factors used to determine negligence or its extent Proximate cause Contributory negligence Attractive nuisance Assumption of risk Foreseeability Vis Major
Protection against lawsuits Insurance Counsel Safety instruction – hazard recognition and control, preventive strategies, and countermeasures Inspections Supervision