The devil is in the details
August 1, 2006 By John McCoy
I was fortunate to serve as legal counsel for the Propane Incident Data Collection Project that is featured in this issue of LP Gas Magazine.
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I was fortunate to serve as legal counsel for the Propane Incident Data Collection Project that is featured in this issue of LP Gas Magazine.
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In this business, accidents happen. Accidents that happen as aresult of mistakes are almost always discovered at some later date,at which point the problem must then be confronted and resolved.
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Statutes, codes and customs are important in a legal context, as lawyers and judges spend a lot of time in liability cases looking at these three categories of rules to apply to the conduct of the parties before the court.
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Virtually all propane marketers have seasonal customers, primarily on their residential accounts and usually in areas where vacationing is a big part of the local economy. People often purchase second homes or have a hunting lodge that they might only use for a portion of the year or just on weekends.
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As the second session of the 109th Congress gets underway, the propane industry is working to take advantage of new tax advantages as outlined in the Energy Policy Act of 2005 and other recent tax laws.
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Aside from writing this column, I also defend propane marketers who are sued for liability in gas explosion accidents.
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With the average payment for workers’ compensation claims among U.S. propane retailers peaking at $4,800 in 2000, business owners should be taking steps to gain control of these costs. Experts say there are effective ways to reduce the probability and control the frequency and costs associated with workplace injuries, but success requires cooperation from everyone in the organization.
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Beware of propane systems masquerading as a utility. The general consensus is that propane systems are treated as an unregulated form of energy in the marketplace.
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Despite a considerable effort to operate businesses safely, many companies complain that the cost of lawsuits is dragging down their ability to operate profitably.
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Contracts involving the sale of services or products usually have language that protects against loss or damage and provides for the payment of attorney fees and court costs to the party seeking to enforce the agreement.
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