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Transportation Brief: Do Your Company’s Internal Safety Policies Increase Exposure to Negligence Claims?

by Andrew F. Marquis, Michael K. Roberts

June 2, 2021

A work atmosphere focused on safety can help reduce exposure from claims and litigation costs. But, can your company’s internal safety policies increase exposure by raising the standard of care? The answer should be a straightforward “no,” namely, internal policies, standing alone, are not enough to definitively establish the standard of care. Most jurisdictions follow some form of this rule. However, after a plaintiff demonstrates a standard of care, certain courts may admit internal policies, and compliance therewith, as relevant to the question of negligence. As such, your company’s internal policies can pose a potential risk before a jury. One way to combat this risk is by anticipating the plaintiff’s argument early in litigation and adopting an aggressive defense strategy that minimizes the potential exposure, or even bars the claim all together.

 

 

Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

 

 

 

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