Tort And Regulatory Risk Plan Essay

1679 words - 7 pages

There are many risks for a company in the legal realm and it is important for them to minimize their tort and regulatory risks. A company should have a risk plan in place that can help them succeed. This plan can be a continuously changing plan depending on needed improvements on the plan. A risk plan can be developed easily when you look at the Alumina Inc. case as an example. A company such as Alumina can manage their risks through three basic measures which are preventative, detective, and corrective.
Preventative measures are the easiest for a company to control and change. These can include anything from the company’s internal laws to the education of these laws. Freedom of ...view middle of the document...

If your preventative measures do not work you should follow you company’s goals and ADR processes to solve the issue. When the issue arose I recommended that Alumina should conduct a private study of the issue before they reacted. It is imperative to always remain calm in a situation like this and do not jump to actions that can be detrimental. A company does not want to compound any issues with additional problems and try to cover up any issues. That is why Alumina should have conducted their own site study and not get involved with Kelley Bates so to not circum to issues such as unreasonable search and seizure or an invasion of someone’s privacy. They also need to allow certain substantive laws created by the relevant agencies (i.e. EPA, FDA, USDA) to do what that are created for. These laws are in place to help govern and protect issues before they arise so if they do arise and you meet the requirements then it will definitely help strengthen your case. For example, if Alumina is following all of the other acts then they should have a stronger case such as the Environmental Protection Laws, Clean Water Act, Safe Drinking Water Act (Cheeseman 2010)..
Even though you have followed all the correct procedures as a company and met the requirements this does not prevent issues or continuing issues to stop. In the Alumina case the Erehwon Reporter and Kelley Bates continued to pursue the issue. They requested public records through the Federal Register Act and used defamatory language to continue to get a response from Alumina. I chose after the second article to allow the disclosure of partial information to show they are not hiding any information. This also protects them without giving up too much. The public is entitled to some information in some cases and they want to make sure they are following the Freedom of Information Act. If they continue to meet all the requests and needs of these legal requirements then Kelly can be considered as pursuing malicious prosecution and the defamation of the character of the company. Also if Alumina is doing the correct steps then they can not be sued for Res Ipsa Loquitur if they are unaware of the actions and their connections to leukemia. It is also hard for Kelly to prove that if in deed the water from Lake Dira caused the leukemia and that Alumina was the sole contributor. The “Scientific Society Report” showed an increase in automotive activity around Lake Dira (Cheeseman 2010).
Corrective measures are extremely important in a case such as this and can help solve the case in a reasonable fashion. This can save a lot of resources, money, and heart ache for both the company and someone like Kelly Bates. The best way to solve this is by Alumina having an ADR clause created as part of their preventative measures. They can use some sort of arbitration or mediator to help solve the problem as well. A company also needs to solve issues and address them when they come up. It is not good for a...

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