Some things old and new
June 1, 2008 By John McCoy
Industry change has dramatic impact on lawsuits in last 20 years
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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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Beyond the standard insurance company costs of marketing, loss control and underwriting, we have liability defense costs.
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Rural electric cooperatives (RECs) have not missed a beat in protecting their interests before Congress this session. The non-profit RECs, through the National Rural Electric Cooperatives Association (NRECA) and their 900 member cooperatives, continue to be effective lobbyists for their cause.
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