Legal Aspects  Intentional acts covered by statutes are criminal in nature; criminal cases are not concerned with compensation for the victim of a crime.

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Presentation transcript:

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