| Description: |
The goal of this important session is to help those participating gain a sound understanding of terms we hear all the time -- terms like "liability" and "negligence." We'll deal with less familiar but equally important terms like "constructive notice" and "proximate cause." We'll look at the entire flow of the legal process necessary to get from negligence to liablity. In this session, we’ll begin with thorough explanation of the legal concept of “liability” in ordinary language. Using this understanding of how liabilities may arise, we’ll examine and discuss many normal operating practices (line patrols, pole inspections, ROW planning/clearing, public education, etc.) to see how doing these activities diligently yield multiple benefits for the cooperative, one of which is deflecting possible liabilities. Then, we’ll present and discuss some not-so-normal practices that many cooperatives have established to enhance their operations and to deflect liabilities. We will offer ideas on how to train inside employees on becoming an extension of existing line patrols, and how to teach line crews how to handle major 3rd party accident situations and scenes.We'll offer many real-life examples to clarify concepts and issues as the session unfolds. We’ll conclude with Q & A to assure all participants understand the concepts presented. |
| Approach: |
This is a fast-paced session designed to take an otherwise dull (but very important) subject and make it both understandable and interesting. Our presenter is NOT an attorney and uses many real and specific examples from rural electric utilities to illustrate key points and concepts during the presentation. There is considerable discussion, a necessary aspect of this session because some of the truths about the tort system that are revealed will spur discussion, even anger and frustration, but also new understanding about why rural electric utilities do (or should do)many of the things they do. |
| Audience: |
Executives, directors, key managers, and technical specialist. However, virtually anyone that works for your company would find this session educational and we can adjust the session to suit the nature of the group. |
| Size Group: |
5 to 50. (This could also be a good session to share with executives and managers from neighboring utilities that are insured in our program. The diversity of opinions and experiences adds to the program.) |
| Estimated Time: |
2 hours. |
| Setting/equipment: |
Two flip charts or a large marker board. Overhead projector and screen. Classroom setting for larger groups, otherwise and conference room setting would be fine. |