Your Day in Court

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Your Day in Court

• ISRI 2006 Annual Convention and Exposition
• April 5, 2006
• Las Vegas, NV

Robert Bjerg Seigfreid Bingham Levy Selzer Gee,
P.C. Kansas City, MO
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• Accident was both preventable and foreseeable

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• Accident was both preventable and foreseeable
• The company failed to properly secure the load
  -If the container had been tarped, the object
  would not have escaped

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• Accident was both preventable and foreseeable
• The company failed to properly secure the load
  -If the container had been tarped, the object
  would not have escaped
• Industry standards were violated because
• No written policy requiring loard securement
• No formal training program
• Failure to supervise drivers

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WHAT SHOULD YOU DO NOW BEFORE AN
ACCIDENT/LAWSUIT
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WHAT SHOULD YOU DO NOW BEFORE AN
ACCIDENT/LAWSUIT

• Know what is required of you

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WHAT SHOULD YOU DO NOW BEFORE AN
ACCIDENT/LAWSUIT

• Know what is required of you
• Records, records, and more records

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WHAT SHOULD YOU DO NOW BEFORE AN
ACCIDENT/LAWSUIT

• Know what is required of you
• Records, records, and more records
• Policies and procedures in writing and follow
  them

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WHAT SHOULD YOU DO NOW BEFORE AN
ACCIDENT/LAWSUIT

• Know what is required of you
• Records, records, and more records
• Policies and procedures in writing and follow
  them
• Appoint a safety director make it count

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WHAT SHOULD YOU DO NOW BEFORE AN
ACCIDENT/LAWSUIT

• Know what is required of you
• Records, records, and more records
• Policies and procedures in writing and follow
  them
• Appoint a safety director make it count
• Look at your insurance policy(ies)

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WHAT SHOULD YOU DO AFTER AN ACCIDENT/LAWSUIT
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WHAT SHOULD YOU DO AFTER AN ACCIDENT/LAWSUIT

• You are in control of your lawsuit do not give
  it up

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WHAT SHOULD YOU DO AFTER AN ACCIDENT/LAWSUIT

• You are in control of your lawsuit do not give
  it up
• Do not talk about it resist the urge

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WHAT SHOULD YOU DO AFTER AN ACCIDENT/LAWSUIT

• You are in control of your lawsuit do not give
  it up
• Do not talk about it resist the urge
• Records, records, and more records

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WHAT SHOULD YOU DO AFTER AN ACCIDENT/LAWSUIT

• You are in control of your lawsuit do not give
  it up
• Do not talk about it resist the urge
• Records, records, and more records
• Learn, and be willing to change/adapt