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Presentation FM Ireland 2018 Improve your Risk Profile and Reduce Claims for by
Presentation FM Ireland 2018
Improve your Risk Profile and
Reduce Claims
for
by
Introduction
Good Afternoon
Background 30, 20, 10
Over 30 years in the Security Industry
Over 20 years in Risk Assessment
Over 10 years as an Expert Witness
MSc in Security and Risk Management
Content
Starting at the end
Myths and the Facts
Common themes in Court Cases
Risk Mitigation
Improve your Risk Profile
Questions and Answers
Starting at the end
Claims end up in court
How cases are reported
How cases are valued
Our view of the Plaintiff/ Defendant
The Myths and the Facts
Myths and the Facts
The case of Stella Liebeck
She sued a world recognised brand
It involved a cup of hot coffee
Mc Donald's
She sued Mc Donald's and won
Myths and the Facts
Mc Donald's drive thru
Held the coffee between her legs
Her legs were burned by the coffee
World wide coverage
Press reported she won $2.9 million
Myths and the Facts
American courts pay out large sums
It looked ridiculous, it must have been her fault for the spillage
She was cashing in an opportunity
Driven by greedy lawyers.
Myths and the Facts
Facts of the case are far more complicated than reported
Ms. Liebeck had never sued anyone
She was a 79 year old retired clerk
Very serious injuries, the coffee spilt on to her lap when she removed the lid
Myths and the Facts
She was in a parked car
She was a passenger in the car
She received burns over 16% of her body some were third degree burns
She was hospitalised for over a week
Myths and the Facts
Tried to settle the case for her medical and other costs of about $20k
Mc Donald's offered her $800
The coffee was at over 80 degrees
Discovery identified hundreds of reports of burns from hot coffee
Myths and the Facts
Case tried in front of a jury for 7 days
Jury gave a unanimous verdict, they awarded her €200,000 reduced to €160,000 as she had spilt the coffee
Jury recommended punitive damages of two days coffee revenue of $2.7m
Myths and the Facts
The punitive award was scaled back and Mc Donald’s paid about $650,000
Things are not always as they seem
Jury heard a wide range of evidence
This was an American Case however many Irish cases have similar issues
Matters arising
Failure to address claimants concerns
Defendant thought they were right
Discovery identified similar issues which went unaddressed
Why bother, look what happens when it goes to court (as reported in the press)
Common Themes in cases
Technology
Training of Employees
Training of Security Staff
Incorrect use of data or information
Failure in procedures
Risk Mitigation
Technology use and over reliance
Training outcomes for Employees
Training outcomes for Security Staff
Training in the correct use of data
Proper procedures, should be tested and refreshed at regular intervals
Summary
Cases caused by procedural failures
Defence impacted by poor Training
Cost of cases increase due to the incorrect use of data/ information
Defence weakened by a lack of properly managed procedures
Improve your risk profile
Critically analyse your procedures
Don’t just rely on an indemnity
Critically analyse your contractors procedures
Verify procedures are being followed and documented
