Safety and Health Reporter

Immigration Malpractice May Be On The Rise
Brien Roche

Legal malpractice in immigration issues may be on the rise. A U. S. Supreme Court decision stating that non-citizens in criminal cases must be advised of possible consequences of a conviction has raised …

Real Estate Malpractice is Taking On A New Face

Brien Roche
Real Estate Malpractice-Role Of The Agent
Real estate malpractice i.e., malpractice by a real estate agent is a form of professional malpractice. The claims bear some relationship to a legal malpractice or …

Anesthetic Injury Due to Gastric Aspiration
Brien Roche

Anesthesia injury can occur from gastric aspiration which is avoidable. Gastric aspiration can occur during the course of the administration of anesthesia due to the patient’s stomach contents entering …

Injuries Due to Time Urgent Delivery Systems
Brien Roche

Injuries due to time urgent delivery systems are common. In the rush rush world that we live in we have all become accustomed to overnight delivery, 10:00 a.m. next-day delivery or 30-minute delivery. Such time urgent delivery systems certainly can in many respects promote business but they can also have devastating effects on public safety. Any accident lawyer who is handling car accidents needs to be sensitive to the failures of this type of system.

In pursuing claims against companies that operate on time urgent delivery systems, most often the claims are focused on the conduct of the individual driver or operator. However, the analysis should be much broader than simply looking at the conduct of that individual driver. His conduct more often than not is a manifestation of corporate philosophy which has promoted a harried, frenzied environment that then puts that driver into a circumstance where he is doomed to have a high rate of accidents.
The Focus of Claims Dealing With Time Urgent Delivery Systems
The attack on these types of delivery systems should focus on the following major points:

Time urgency in the operation of motor vehicles has an adverse impact on safe driving in that it increases stress, impedes several physical and perceptual abilities of the driver, impacts judgment, attentiveness, coordination and causes fatigue. Stress itself has several known effects. In particular the visual field is reduced. Under stress the visual field is less than when the driver is not under stress. This same type of reduction in perception is true of all sensory experiences associated with the operation of vehicles.
Time urgency impacts the judgment of a driver in terms of appreciating the existence of a potential or actual danger, evaluating such dangers, reacting to those dangers, maintaining control of the situation so as to avoid the danger and being able to extricate himself from potentially dangerous situations. The specific authority to be presented to establish these facts must come in through expert testimony.
The culture created by the employer is one of having their employees constantly hustling in order to comply with certain delivery goals. To fully appreciate this obsession with speed, the entire process of the company must be analyzed. If the product that the company is delivering is food, then you need to look at every stage of that food preparation process from the receipt of the food order, their prior readiness for food preparation, the transmission of the order to the food preparation personnel and then finally tendered to a driver for delivery. This obsession with speed can be seen in several respects: how quickly the phone is to be answered; i.e., on the first or second ring; how quickly the food is to be loaded into the oven, the cooking time, how quickly the food is to be out the door, record keeping as to how quickly the driver delivers the food.
The form of compensation to the driver is important, i.e., whether it be principally on an hourly basis or on tips.  What compensation system is employed may generate a built-in incentive to speed i.e.commission or percentage of gross income.  If the drivers rely heavily upon tips, then there is a built-in incentive to speed because the more deliveries made, the more tips received.
What record keeping there is of late deliveries, and penalties suffered as a result of any late deliveries i.e., monetary or product benefit to the customer that then impacts the gross profit of the company, etc.  Are there any rebates given to customers for late deliveries?  Any such reward system to the individual customer puts further pressure upon the deliver to deliver the product on time for fear that his name will somehow be associated with that late delivery and will adversely impact his store’s percentages, etc.
This sense of hustle and speed in the food preparation process is bound to spill over into the delivery phase of the business. If the nature of the business is simply the delivery of packages, then that same analysis must be done by looking at how the order is received, how it is transmitted to the ultimate delivery person, the number of deliveries expected of each driver, how drivers are evaluated, etc. It simply is not realistic to expect that a driver who is encouraged to run and hustle and be an integral part of a hurried atmosphere in the non-delivery phases of his work will suddenly slow down and drive safely once he gets behind the wheel of his vehicle. If a corporate culture of speed has been created, then the individual delivery person will find it virtually impossible to disconnect this sense of speed from his own driving habits.

Food Poisoning in the U.S.
Brien Roche

On December 15, 2010 the Centers for Disease Control and Prevention reported that one in six Americans get sick from food illnesses every year and approximately 3,000 people die from such …

Black Box Data In Auto Accidents
Brien Roche

The black box is sometimes called the Electronic Control Module or the Electronic Control Unit.  In addition it may be called the Crash Data Recorder or the Event Data Recorder.  …

Sudden Medical Emergency Is Not The End of A Plaintiff's Case
Brien Roche

The defense of sudden medical emergency can be raised where a medical condition has caused a driver to lose control of a vehicle.  If such a driver has caused injury to another motorist, that …

Human Factors May Explain Personal Injury Cases
Brien Roche

Human factors is a discipline that applies scientific knowledge of perception,cognition and response to product design and human behavior. Perception,cognition and response are in large measure governed by our ability to see. …

Medical Device Injuries
Brien Roche

Medical device injuries may give rise to either a product liability claim or a medical malpractice claim.

In the course of surgery frequently physicians will install medical devices. Those medical devices are …

Dog Bite Lawyer
Brien Roche

Dog bites and animal bites produce a host of severe injuries. For instance, emotional injury, infections, painful cuts and scarring. If you have been bitten, call us for a free consultation with …

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