Recognizing and Minimizing Tort and Regulatory Risk

Week Two - Recognizing and Minimizing Tort and Regulatory Risk
      It is extremely important to identify and manage possible tort liabilities for a company. There are ways to manage risks effectively but there must be proactive methods taken by the company. Common torts that were covered in our collaboration that could have been prevented or minimized will be addressed below.
      The textbook describes a company that disposed of radioactive waste (radium) that was left over from its manufacturing process in an urban area (Jennings, 2006, p. 458). Knowing that radium was a potentially dangerous product, the company continued to dispose of it in an urban area. The company was negligent in the handling of the product. They knew that the product was dangerous. One scientist went so far as to cut off the end of a finger when a piece was lodged in his finger because of the possible contamination. Research should have been performed to see about a more responsible method of discarding the hazardous materials.
      Direct causation in the simulation is due to the fact that the company had contaminated the waters of the lake. The contamination caused contaminates to infiltrate the local water supply and a 10 year old girl contracted leukemia. The company knew it was using toxic chemicals and the leak of materials should have been discovered before it had the opportunity to enter the water supply. The company did what it could once the leak was discovered, but there should have been more preventative measures in place. Inspections of the water lines and the plumbing and holding tanks should be performed more often to catch possible leaks.
      Violation of environmental regulation due to the water contamination found during a routine EPA inspection. The company was well aware of the prescribed limits of PAH that can be discharged into the environment. The company was not making inspections and self testing itself often enough to ensure that their output was within...