Assessment of the Likley Risks of Tort and Criminal Liability

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Assessment of the Likley Risks of Tort and Criminal Liability Dear Mr. Bond: The purpose of this letter is to identify and assess the likely risks of tort and criminal liability arising from the operations of Joe’s Landscaping and Tree Trimming (JLTS) business. The assessment will supply guidance as Joe selects his insurance needs. ”Tort liability is a claim against JLTS or its employees for damage to or loss of property or personal injury or death. Such claims may be brought only for damage, injury, or death arising out of the activities of JLTS” (Palk, 2001, p.1). The claim is a demand by the injured party for compensation from JLTS. On the other hand, criminal liability is crimes of criminal conduct. Criminal liability includes culpability (purposely, knowingly, recklessly, negligently), capacity (infancy, intoxication, insanity), and responsibility (volition, free will, competency). In general, employees can file an employee personal property claim when he or she suffers a loss incident during employment with JLTS. An example of a potential employee personal property claim is where a JLTS employee is operating a mower and the mower cuts the side of his or her boot. The laborer can make an employee personal property claim against JLTS. On the other hand, non-employees can also file a tort claim. An example of a tort claim is where JLTS contaminates drinking water with the use of chemicals and pesticides as a part of their landscaping services. The individual can file a tort claim against JLTS due to health problems such as cancer. Burglary is a criminal liability that JLTS may incur. Examples of burglary are embezzlement and theft of equipment or landscaping products. Embezzlement is wrongful use for one's own selfish ends of the property of another when that property has been legally entrusted to one. An employee taking cash from the register and destroying the customer’s receipt over a period of time and using the money for his or her personal needs is an example of embezzlement.

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