According to the federal statutes and the state law, schools should report any insecurity issues to the law enforcement officials. However, dealing with violence involving students should have involved the school administration, parents and the law enforcement officials (Nixon & Werner, 2010)
The school administration has come up with rules and regulations that govern the students. Any student who does contrary to these rules is liable for punishment (Stloukal & Wickman, 2011)
Through the representation of some truly catastrophic failures, this video graphically and clearly illustrates the importance of quality. Accelerated Life Testing refers to efforts to test products and other outputs in a manner that reflects the use and wear they are expected to receive during their life cycle in the hands of consumers, but at an accelerated pace that allows a company to find problems and/or means of enhancing the product/output's performance without needing to wait the often long periods of time (years, for a large number of consumer products) that a true product life cycle would take (Bagdonavi-ius & Nikulin, 2002)
This includes two violations from federal officials on coal dust accumulating at various areas throughout the mine, one month before the accident. (Gardiner, 2010) What all of this shows, is that despite the obvious infractions that were occurring, the company would aggressively fight the most serious violations by appealing them
The duty to use care is when: you must establish that the party who is negligent was responsible to the other party / parties in some way. (Kent, 1993) in this particular case, Massey Energy would have a responsibility to use care when examining matters surrounding the safety of the mine
Reading between the lines, one could infer that the management at Massey knew there was a problem. (Lindorf, 2010) Instead of attempting to fix the obvious safety issues, they chose to purchase Workers Compensation, indicating that they knew something was wrong
While, 50 of the violations were marked as an unwarrantable failure to comply (this is the most serious violation issued). (Paulson, 2010) to make matters even worse, the company purchased Workers Compensation Insurance for the workers of the Upper Big Branch Mine, one month before the accident occurred
"An independent contractor is a person who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, over the manner and means of performing the services." (Tort Liability Basics: Strict, Vicarious, and Joint Liability," 1999) However, the BUG company owns the dock, and is thus responsible for maintaining the security of the facility, and ensuring the safety of the goods on the premises, and would likely be found liable for the loss of merchandie and injury due to the robbery
This point is made by Chengalur-Smith and her associates when they advise, "Large organizations seem more legitimate because their size is taken as an indicator of prior success and future dependability. Together these disadvantages underlie a liability of smallness as originally described by Aldrich and Auster (1986)" (p
381). Furthermore, small firms may be reluctant to secure outside capital based on a wide range of reasons, including personal decisions concerning control of the business, a desire to avoid debt, or unfamiliarity with the capital-raising process (Ebben & Johnson, 2011)
Review and Discussion Background and Overview Small firms are the lifeblood of the American economy. In fact, just around 2% of the companies in the United States have more than 100 employees and small firms represent the fastest growing segment of the national economy, accounting for 75% of all new jobs that are created each year (Heneman & Berkley, 2002)
Indeed, in a "nice-guys-finish-last" type of analysis, Morin (2012) suggests that small firms should "fake it until they make it": "With technology as it is today, it's easy to appear larger than you are, until such time as you can become truly large and credible. Money, time and effort you spend here will be very well rewarded; if you cannot get past the credibility gap, you cannot 'pass go' and your business will go nowhere" (Morin, 2012, p
Response by Smaller Firms Lacking a sling and smooth stones, smaller firms must compete with their larger Goliath counterparts in innovative ways. Because they do not enjoy the same level of resources, credibility and experience as their better established and larger counterparts, smaller companies must identify niche opportunities that are being overlooked or underexploited by larger companies (Poole & Van der Ven, 2004)
Nevertheless, a growing body of research concerning new firm failure rates indicates that two liabilities are salient for understanding the effect of being smaller and newer and their respective effects on start-ups. The first, the "liability of newness" is important because this perspective suggests that new firms do not succeed because of a combination of internal and external factors (Zacharakis, Meyer & DeCastro, 2002)
In 2007, Yamaha Motor Group had over 100 cases of product liability suits against them where the seat belt restraint systems did not work properly, there were no doors or window netting on the vehicles to restrain the occupants inside the vehicle, and a stability problem caused them to easily roll over that caused injury to consumers. Extensive testing showed the seatbelt retractor had significant belt spool out and upper torso motion before lockup during tip over events (Aulerio)
The product also had no window netting system to prevent the occupant extremities from being extracted during a tip over. A test case for similar cases in Gwinnett County, GA awarded a couple $317,002 to compensate for injuries sustained when the Rhino ATV tipped over and crushed the husband's leg in a 2007 accident (Peters, 2010)
Applying the Risk Management Process The rationale of Enterprise Risk Management or ERM is well-grounded on facts. These are corporate failures, limited resources and capital; only 25-40% of risks are insurable; global economic uncertainties, and strictness of regulators (Harb, 2008 p 3)
And element or step 7, ongoing monitoring and review, will create a regular risk review process and establish overall commitment to continuous improvement (Harb). In sharing and infusing ERM, Non-Linear Pro's internal auditor should emphasize important elements (Lim, 2012)
This means that law enforcement agencies cannot as easily promote policies that routinely deprive people of their civil rights. However, these lawsuits also provide a means for plaintiffs to file nuisance and harassment suits against officers (Fleischman, 2013)
A tort lawsuit is preferred by plaintiffs for many reasons. "Torts can only be settled by money awards and the standard of proof is preponderance of the evidence" (Stevens, 2004)