Avoiding Tort Litigation

A COMPANY’S NEED TO MANAGE POTENTIAL TORTS

A Company’s Need to Manage Potential Torts

Mario Guillen

University of Phoenix

Law 531

Rob Paixao

Oct.19, 2009

A COMPANY’S NEED TO MANAGE POTENTIAL TORTS

In today’s world, it is necessary for a company to stay ahead of the game, to avoid any

possible tort litigation. Tort is a wrongful act, not including a breach of contract or trust, that

results in injury to another’s person, property, reputation, or the like, and for which the injured

party can be awarded compensation. I would have the company adhere to the following steps to

avoid potential torts. First, a company should be proactive and try to anticipate all possible

incidents. Second, a company needs to be up to date on all pertinent regulations. Third, all

complaints must be taken seriously. Fourth, a company needs to be rational in its approach on

investigating all complaints. Fifth, a company needs to ensure that all corrective measures are

met. A company’s financial success and positive public image depends on staying compliant

with all regulations and avoiding any litigation.

Being proactive is a major asset for any company’s success. Staying status quo and

never preparing for any problem is the worst thing a company can do. Anticipation of the worst

allows for preparation for handling any scenario. An accident can happen at any time and

procedures for dealing with the accident should be already in place.

In the case of Alumina, a successful international aluminum company, accidents are

waiting to happen. Five years earlier Alumina was caught dumping an increased amount of

polycyclic aromatic hydrocarbons (PAH) into Lake Dira, Erehwon’s fresh water supply. The

Environmental Protection Agency (EPA) discovered the incident during a routine environmental

inspection of Lake Dira’s water. The EPA ordered a cleanup, which Alumina responded

promptly to, and the subsequent environmental audit reported the violation as...