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H oward Franco, Jr., Esq. Michael L. Wroniak, Esq. Christie Bodnar Swiss, Esq.

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WHAT TO LOOK FOR WHEN INVESTIGATING CLAIMS HOW TO TAKE STATEMENTS RESPONDING TO CLAIMS DEALING WITH THE MEDIA

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Types of Claims Trip/Slip and Fall Workplace Injury Third Party Liability Products Liability

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Depends on the Type of Claim Tort Based Contract Based Public Entity v. Private Entity Statutory Requirements Common Law

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ELEMENTS TO ESTABLISH LIABILITY DUTY BREACH OF THE DUTY CAUSATION DAMAGES

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ELEMENTS TO ESTABLISH LIABILITY HARMED BY A PRODUCT THAT CONTAINED MANUFACTURING DEFECT DESIGN DEFECT FAILURE TO WARN

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USE THESE ELEMENTS TO CONDUCT YOUR INVESTIGATION! Keys to the investigation OWNERSHIP CONTROL NOTICE

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FIRST: THE INCIDENT OR RECEIVE CLAIM FORM SECOND: BEGIN INVESTIGATION THIRD: CLAIM RESPONSE FOURTH: LAWSUIT

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INCIDENT FORM PROTOCOL Develop Protocol Communicate and Follow Protocol CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION or PREPARED AT THE REQUEST OF COUNSEL or PREPARED IN ANTICIPATION OF LITIGATION

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INCIDENT FORM Time, Date and Activity Observations ONLY NO Opinions

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GATHER INFORMATION IMMEDIATELY Determine if claim has merit Preservation of evidence FIX THE PROBLEM?

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Respect Courtesy Understanding Professionalism Sincerity DO NOT EXPRESS ANY OPINIONS! Avoid commentary Stick to Factsremember Joe Friday

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CLAIMANT THIRD PARTY WITNESSES EMPLOYEES INDEPENDENT CONTRACTORS

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Inspection Reports Maintenance Records Citizen Service Requests/Complaints E-mails and other correspondence Prior Tort Claims Original Design Documents

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Contracts Meeting Minutes City Council Agendas/Reports Municipal Codes

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Photographs Videos OF WHAT? Physical Injuries Property Damage Accident location Many different angles Alleged dangerous condition

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Social Media

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Preserve Documents and Things! Create Paper Trail of Investigation NO OPINIONS Tender to Third Parties Independent Contractors Contractors Insurance Carriers Insurance Brokers Public Entities May need to do your own Tort Claim

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Deny Settlement Workers Compensation Disability

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WHO IS ON THE TEAM? Attorney Claims Representative/Risk Manager Organizational personnel

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Define roles and responsibilities at outset of investigation Division of labor Avoid duplication of efforts Cost savings

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Attorneys and claims/risk managers need to communicate with each other regularly E-mail, Phone or In-Person Attorney reports should contain critical analysis and recommendations Open and honest communication BOTH GOOD AND BAD!

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Attorneys and claims/risk managers need to communicate with each other regularly E-mail, Phone or In-Person Attorney reports should contain critical analysis and recommendations Open and honest communication BOTH GOOD AND BAD!

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Media shapes and forms public opinion with how it reports your case in several different ways

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Places officials in the public light Pressure on company and claims handlers Causes public uproar regardless of real facts Makes case seem larger than it is Puts your company in a defensive position

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Too many people making statements One Person One Agency Making or not making a statement or talking to the press Statements that fuel the fire

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YOUR INVESTIGATION PROVIDES GROUNDWORK FOR DEFENDING LAWSUITS!

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INVESTIGATIONEVIDENCE Claim Report Documentation Photographs/videos Statements Assess Liability Assess Damages Direct Evidence Indirect Evidence Impeachment Evidence Depositions Develop Theme(s) Assess Liability Assess Damages

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Howard Franco, Jr. Christie Bodnar SwissCollins Collins Muir + Stewart2173 Salk Avenue, Suite 250Carlsbad, CA 92008Tel: (760) 274-2110 hfranco@ccmslaw.comcswiss@ccmslaw.com Michael L. Wroniak Collins Collins Muir + Stewart 750 The City Drive, Suite 400 Orange, CA 92868 Tel: (714) 823-4100 mwroniak@ccmslaw.com