| Q. |
How extensive should
my records be with respect to work being performed? |
| A. |
Records
should be extensive, for both routine and unusual tasks. For
example, in premises cases, a record should be maintained
in a logbook concerning routine mopping and cleaning, as well
as the placement of weather mats or the performance of snow
removal, salting or sanding in inclement weather. Records
should indicate the date and time tasks were performed, the
identity of the personnel who performed the tasks and the
materials used. In product manufacture, a complete record
of research, development and testing can serve as the basis
for a strong defense of the product before lay jurors. |
| Q. |
What information should
be included within an accident or incident report? |
| A. |
A report
should indicate the exact location, the date and time and
the identities of all parties involved in the incident. If
possible, a detailed recitation should be made of any statement
taken from an injured party; and a supervisor's description
of the accident scene upon his/her arrival. Statements from
eyewitnesses and all employees present should be maintained
on separate forms. It is quite possible that statements can
be exempted from disclosure to plaintiff's counsel during
subsequent litigation; it is much more difficult to exempt
a statement if it is contained within the accident or incident
reports. |
| Q. |
What information
should be excluded from an accident or incident report? |
| A. |
Statements
of any remedial measures taken following an accident should
not be contained within the report. For example, if an employee
is reprimanded after an accident, such information should
be indicated on a separate document. In this way, defense
counsel maintains the opportunity of later arguing to the
court that such information concerning remedial measures should
not be presented to the jury. Once again, such an argument
will be far easier to make if this information is not contained
within the accident report. |
| Q. |
Should schedules be maintained
of work to be performed by employees? |
| A. |
Generally, it is unwise
to maintain a written schedule of work expected to be performed.
Invariably, employees do not meet the dictates of the schedule,
thereby giving plaintiff's attorney ammunition to allege that
there has been a failure on an employee's part to comport
with the company's own standards. The only legal standard
to which company employees should be held, is that of reasonableness.
A schedule often serves to provide the plaintiff with a higher
standard of care to fault company employees than the legal
standard of reasonableness. |
| Q. |
When should I notify my
attorney of an incident? |
| A. |
Your attorney
should become involved immediately after you are notified
of an incident. Counsel can oversee the preservation of important
records, such as maintenance logs and accident reports, and
can supervise the preparation of additional evidence such
as photographs. Having your attorney present immediately following
an accident will give greater force to the argument that certain
documents should be exempt from disclosure because they were
prepared for the purposes of litigation. |
| Q. |
What should I tell my
attorney? |
| A. |
Everything! Even if you
are aware of material or information that you believe may
be detrimental to the defense of a lawsuit, this information
must be brought to the attention of your attorney. All attorney-client
discussions are privileged and are exempt from discovery.
Do not allow your attorney to get blind-sided by your belief
that what he doesn't know cannot hurt him. In fact, what your
attorney does not know could hurt you! |
| Q. |
How do I select a defense
attorney? |
| A. |
Although
many states, including the State of New York, do not recognize
areas of specialty for attorneys, certain attorneys concentrate
on a few areas of legal practice. In the area of personal
injury claims, it stands to reason that it is beneficial to
hire counsel that has extensive experience and expertise litigating
personal injury or product liability cases at the trial and
appellate level. Research can be conducted through various
publications and associations, which rate or report on the
success of personal injury defense attorneys. For example,
Martindale-Hubbel provides ratings for attorneys and other
information concerning areas of specialty. An attorney's expertise
can also be confirmed by contacting the National Institute
of Trial Advocacy, Who's Who in American Law or the Jury Verdict
Reporter. |
| Q. |
Why should I choose Jeffrey
Samel & Partners to represent my company? |
| A. |
Over the past two decades
our attorneys have garnered unparalleled experience and expertise
in the litigation of personal injury cases. Our practice concentrates
on defending high profile companies that may have difficulty
connecting with jurors. It is our ability to attain jurors'
trust that has resulted in our success as defense attorneys,
which is unmatched in New York State! |
