Alumina Tort Laws
Derek D'Alessandro
University of Phoenix
Alumina Tort Laws
Regulatory risk such as tort law can easily be managed thru preventative, detective, and corrective measures. If we look at the findings our team found we can wee that water contamination is a major part of the problem at Alumina. Five years ago the EPA found that water contaminants were above the EPA limits. This was pure negligence on the behalf of Alumina, and could have easily been avoided to prevent lawsuits that could arise in the future, or to avoid hefty fines by the EPA. To do this one could have had their water tested on a bi-weekly basis to make sure that the contaminants were in line with the government standards. If they were found to be over what the standards were, then Alumina could have notified the management team of the findings so they could correct the problem, before the EPA found the problem. One of the risks of not following the EPA guidelines could be a lawsuit if someone gets sick as in the case of Kelly Bates. If Alumina would have had been testing all along then the lawsuit at hand could have been prevented, and could have saved the company thousands of dollars.
If Alumina investigates Bates then they cold have an invasion of privacy lawsuit against Alumina. It is legal for an attorney to talk to the plaintiff with their permission, but to hire an private investigator to be used in the court of law could be an invasion of privacy. One way to go around this in the case presented would be to do a simple title search of when the family moved to their house by doing a public record search to get a background on the family.
Bates has accused the company of giving her leukemia. By Bates accusing Alumina of this she could actually be accused of defamation of character. This could easily be avoided by Alumina if the post their bi-weekly results in the local paper. Yes there is exposure but if they are accused like they currently are then...