Facts

Carlos A Quintana Rojas
Recognizing and Minimizing Tort and Regulatory Risk
January 26, 2012
LAW/531PR
Prof. Lirio Bernal Sanchez

Recognizing and Minimizing Tort and Regulatory Risk

Wewill examine how we can minimize tort and regulatory risk. We are going to use the Alumina case simulation from the University of Phoenix web site. (LAW/531PR Puerto Rico Business Law, 2012) Tortlitigations occur as consequence of many legal issues. This issues can be identify and address by using elements of prevention and remedial measures. For this we used reference tables provided by the membersof the Learning Team.
Tort is defined as any harm to an individual in whom the person causing the damage is legally responsible. (Hill, 2009) Throughout the simulation of Alumina Inc., we have seena series of legal irregularities that present a risk to the environment and people. For this the company must have had a contingency plan which took into account all relevant preventive andcorrective measures necessary to comply with all federal regulations.
The plan should consider what steps must be followed in case of any claims against Alumina Inc. This plan should be well structured anddesign by legal experts in the field. Key employees will be identified in the implementation of this plan. Alumina Inc. must train employees in all matters related to regulations and complianceaccording to EPA standards.
Among the grievances and risks encountered in the simulation is negligence. This is presented in the petition that presents Kelly Bates. Bates suggests that the company did notcomply with the regulations of the Environmental Protection Agency's (EPA). The EPA sets contaminant limits in the water bodies specifically, Lake Dira.
As a consequence Mrs. Bates claims that herdaughter had acquired the disease of leukemia. The lawsuit had sought compensation of one million dollars for causing the illness to his daughter. The simulation establishes that the EPA conducted a...