A desire to know
August 1, 2008 By Patrick Hyland
Nobody can say for certain that residents face a greater safety risk by cooking on a backyard grill that has a plastic sleeve across the belly of its propane cylinder.
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Nobody can say for certain that residents face a greater safety risk by cooking on a backyard grill that has a plastic sleeve across the belly of its propane cylinder.
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The phrase corporate criminals evokes images of the high-profile financial meltdowns at Enron, Worldcom and Tyco, as well as the subsequent convictions of those corporations’ top executives. Criminal liability and jail time are not just reserved for jet-setting executives at Fortune 500 companies, however. Managers in the oil, gas and propane industries face the potential for civil and criminal sanctions from a wide variety of state and federal statutes. Given the often-complex web of laws governing these industries, well-meaning executives can find their company, or themselves, subject to criminal prosecution.
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Industry change has dramatic impact on lawsuits in last 20 years
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A look back on the last 20 years shows industry’s similarities, differences
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The practice of a trial lawyer is carried out from a unique vantage point. I have an ability to see the problems that face the industry that result in real conflict. There is enough conflict that people are driven to involve a lawyer to address the matter. In fact, I have a steady diet of problems that face members of?this industry on my desk at all times.
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There is a legal concept known as res ipsa loquitur that allows a jury to infer that an accident was caused by the negligence of a party without actual proof of that negligence.
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Occasionally, I will read about a case that will demonstrate the importance of humanizing large manufacturers, gas companies and/or their insurers. Recently, I became aware of such an action that was tried in a Baldwin County circuit court in Alabama. We were not involved in this case.
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I am certain employers reading this article are aware that the Occupational Safety and Health Administration (OSHA) requires them to comply with safety procedures in regard to their employees. This is in an effort to develop and maintain safe work environments for employees across the United States.
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Important issues for the propane industry are near the finish line as Congress returned in December to complete its business for the year. Will they cross the finish line or run out of gas?
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Virtually all claims for injury, death or property damages never reach a jury verdict. Many of these cases get close to reaching a jury verdict but settle at the courthouse steps. This has resulted in expressions of frustration from attorneys, clients and insurance companies over the many years I have been a trial lawyer.
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