Tuesday, 8 April 2008

Accidents and Options

Imagine you are the owner of a company and you have an important guest on your premises. Naturally you supervise all the arrangements to ensure that everything is managed well and any risks to your guest are controlled with great care.

However, despite all your best efforts and those of your staff a terrible accident befalls the guest. You then discover that one of your staff was not fit for duty and his errors and your decisions have contributed to the accident.

Do you

1.accept that the fault lies with the decisions made by you and the culture of the company which you have set up and recognise that the guest's family may believe you culpably negligent and the authorites think that there is a corporate manslaughter case to answer with a very clear guiding mind( you) identified?

2. claim it was someone else's fault and cover up any traces of the unsuitability of your staff for having care of the guest?

If you chose 1. you run the risk of being prosecuted and sent to gaol , paying out huge damages and possibly losing your licence to run the business if it is one where the general public are involved.

If you chose 2. you should vigorously pursue other parties as being the cause of the accident and you may, even though your claims might be conclusively proved to be false, get away with deflecting the criticism of your organisation and your decisions

The authorities should make sure that 2 is not an option, at present it seems it is.

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