H oward Franco, Jr., Esq. Michael L. Wroniak, Esq. Christie
Bodnar Swiss, Esq.
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WHAT TO LOOK FOR WHEN INVESTIGATING CLAIMS HOW TO TAKE
STATEMENTS RESPONDING TO CLAIMS DEALING WITH THE MEDIA
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Types of Claims Trip/Slip and Fall Workplace Injury Third Party
Liability Products Liability
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Depends on the Type of Claim Tort Based Contract Based Public
Entity v. Private Entity Statutory Requirements Common Law
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ELEMENTS TO ESTABLISH LIABILITY DUTY BREACH OF THE DUTY
CAUSATION DAMAGES
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ELEMENTS TO ESTABLISH LIABILITY HARMED BY A PRODUCT THAT
CONTAINED MANUFACTURING DEFECT DESIGN DEFECT FAILURE TO WARN
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USE THESE ELEMENTS TO CONDUCT YOUR INVESTIGATION! Keys to the
investigation OWNERSHIP CONTROL NOTICE
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FIRST: THE INCIDENT OR RECEIVE CLAIM FORM SECOND: BEGIN
INVESTIGATION THIRD: CLAIM RESPONSE FOURTH: LAWSUIT
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INCIDENT FORM PROTOCOL Develop Protocol Communicate and Follow
Protocol CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION or PREPARED AT
THE REQUEST OF COUNSEL or PREPARED IN ANTICIPATION OF
LITIGATION
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INCIDENT FORM Time, Date and Activity Observations ONLY NO
Opinions
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GATHER INFORMATION IMMEDIATELY Determine if claim has merit
Preservation of evidence FIX THE PROBLEM?
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Respect Courtesy Understanding Professionalism Sincerity DO NOT
EXPRESS ANY OPINIONS! Avoid commentary Stick to Factsremember Joe
Friday
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CLAIMANT THIRD PARTY WITNESSES EMPLOYEES INDEPENDENT
CONTRACTORS
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Inspection Reports Maintenance Records Citizen Service
Requests/Complaints E-mails and other correspondence Prior Tort
Claims Original Design Documents
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Contracts Meeting Minutes City Council Agendas/Reports
Municipal Codes
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Photographs Videos OF WHAT? Physical Injuries Property Damage
Accident location Many different angles Alleged dangerous
condition
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Social Media
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Preserve Documents and Things! Create Paper Trail of
Investigation NO OPINIONS Tender to Third Parties Independent
Contractors Contractors Insurance Carriers Insurance Brokers Public
Entities May need to do your own Tort Claim
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Deny Settlement Workers Compensation Disability
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WHO IS ON THE TEAM? Attorney Claims Representative/Risk Manager
Organizational personnel
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Define roles and responsibilities at outset of investigation
Division of labor Avoid duplication of efforts Cost savings
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Attorneys and claims/risk managers need to communicate with
each other regularly E-mail, Phone or In-Person Attorney reports
should contain critical analysis and recommendations Open and
honest communication BOTH GOOD AND BAD!
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Attorneys and claims/risk managers need to communicate with
each other regularly E-mail, Phone or In-Person Attorney reports
should contain critical analysis and recommendations Open and
honest communication BOTH GOOD AND BAD!
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Media shapes and forms public opinion with how it reports your
case in several different ways
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Places officials in the public light Pressure on company and
claims handlers Causes public uproar regardless of real facts Makes
case seem larger than it is Puts your company in a defensive
position
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Too many people making statements One Person One Agency Making
or not making a statement or talking to the press Statements that
fuel the fire
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YOUR INVESTIGATION PROVIDES GROUNDWORK FOR DEFENDING
LAWSUITS!
Howard Franco, Jr. Christie Bodnar SwissCollins Collins Muir +
Stewart2173 Salk Avenue, Suite 250Carlsbad, CA 92008Tel: (760)
274-2110 [email protected]@ccmslaw.com Michael L. Wroniak
Collins Collins Muir + Stewart 750 The City Drive, Suite 400
Orange, CA 92868 Tel: (714) 823-4100 [email protected]