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I intend to write this article because in most cases companies with great potential end up having legal crisis as a result of incidences related to personal injury. In actual fact most management of companies end up settling a lot of cases in court as a result of tort liabilities. In turn they also spend a lot of money in paying lawyers to defend their cases in courts. Truly, there could be no other way but to do so otherwise the management would find itself operating in great difficulties. The critical point is that most of these legal challenges can be settled internally if given due consideration.
The purpose of this reflection is actually to sensitize the management on the need to to have in place adequate mechanisms that would settle cases related to violation of duty of care from within. As such, the compulsion to proceed to the court leaves the company with heavy expenses and waste of resourceful time. It is appropriate to have a mediation process from within; in fact this can be a department function such that the company has specific experts to address all its legal problems.
The other concern is that in most cases companies end up in court even where they are truly not guilty of an offense caused by incidences of personal injuries to their employees. The liability would either be based on strict dimensions or vicarious. In actual fact most companies become culpable or liable under vicarious liability. Therefore, it is a pleasure to introduce to the reader and other stakeholders interested in the reflections in this article to consider it ripe to go for other options that would enable investors and entrepreneurs avoid the corridors of justice even where not guilty. This would call for professional help and deliberations from within. I suggest services offered by a company such as MERJU Consultants who have actually managed to help companies address their legal problems at an early stage. Therefore, enabling them to avoid rushing to the courts all the time.
Finally, management for different companies should consider looking for adequate legal mechanisms that would always keep monitoring their process and operations. The aim of such is to establish the main legal risks that would derive from their operations and where necessary tap them an at early stage. As indicated earlier, this can be a department function where there are staff strictly entrusted with this task.
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