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Liability Concerns for the AgrAbility Professional A Lecture / Presentation by Dr. John Shutske

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  1. Liability Concerns for the AgrAbility ProfessionalA Lecture / Presentation by Dr. John Shutske • In this lecture module, you will learn- • why liability is a concern for AgrAbility professionals • the complexity of professional liability (especially with wide-ranging job duties) • why medical malpractice criteria provide a good model for professional liability for • us, including the concept of negligence and the importance of documentation • components of product liability: both negligence and strict liability • how to manage risk using the safety hierarchy as a guideline • what a hazard analysis worksheet is, with a sample provided in Microsoft®Excel • Let’s get started! • Make sure you have RealPlayer. Download it free by clicking : • Click the blue button to take a look at how a typical page is laid out: • OR, bypass the sample page and jump right in to the module: • If you wish to select a different module, click here: Sample Page Liability Home Page Module Selection Page

  2. 1 2 3 Here is a sample module page: This is the page title, which tells you the current topic. Information relating to the current topic will be summarized in a green box like this one. Generally, information is shown on the top two-thirds of a page. A topic summary slide will be shown here. (This is the navigation area.) Links to related video clips appear below. Interactive and navigation buttons are usually on the bottom third. Click the Real logo to see Dr. Shutske introduce himself. (6:22) Previous Slide Next Slide Liability Home Page click here to go to theLiability Home Page. After you’ve become familiar with the page layout,

  3. Liability Home Page This lecture module featuresDr. John Shutske, a safety specialist at the University of Minnesota, who discusses the need for awareness of liability issues in AgrAbility. Using examples drawn from actual cases, Dr. Shutske provides an introduction to both professional and product liability. He highlights the unique challenges faced by AgrAbility staff, and he offers advice to help staff avoid legal pitfalls which many of us may not have thought about. 1 2 To begin, you may opt to watch the whole presentation, or watch any of its segments, which are linked below. (It is recommended that you view the segments in numerical sequence. When you feel ready, check your understanding by returning to this page and clicking the lilac-colored button below. View the whole presentation (1:11:33) Check your understanding Product liability (6:29) The Safety Hierarchy (9:41.0) Introduction (6:22) Malpractice as model (3:49) 10 7 4 1 Hazard Analysis (8:18.8) John Shutske’s experience (2:10) Negligence (6:44) Types of law, risk (5:43) 8 11 2 5 Product liability cases (5:52) Professional liability cases (4:12) Summary and Conclusion (1:49.8) Documentation (4:41) 9 12 3 6 Go back to the introduction

  4. Liability Concerns For the AgrAbility Professional Click the Real™ logo below to view the presentation in its entirety, uninterrupted. View the whole presentation. (1:11:33) Previous Slide Video Intro Liability Home Page

  5. Liability: Introduction Click the Real™ logo below to view the introduction to the presentation. Previous Slide Law, Risk View the introduction (6:21.8). Liability Home Page

  6. Liability: Types of law, inherent riskiness of agriculture Click the Real™ logo below to view a section of the presentation regarding types of law, as well as the danger inherent in agriculture as an industry. Previous Slide Prof. Liab. Cases Types of law, risk (5:42.9) Liability Home Page

  7. Liability: Professional Liability Cases Click the Real™ logo below to view a section of the presentation in which three different cases are reviewed. The focus of each is professional liability, though the situations are not at all similar. Professional liability cases (4:11.5) Previous Slide Malpractice Liability Home Page

  8. Liability: Medical malpractice as a model for AgrAbility liability Click the Real™ logo below to view a section of the presentation regarding medical malpractice law, and its use as an awareness / discussion tool in AgrAbility. Previous Slide Negligence Liability Home Page Malpractice as model (3:48.5)

  9. Liability: Negligence Click the Real™ logo below to view a section of the presentation in which Dr. Shutske lists the chain of events whose completion can result in charges of professional (or product) negligence. Negligence (6:44.0) Previous Slide Documenta-tion Liability Home Page

  10. Liability: Documentation Click the Real™ logo below to view a section of the presentation which emphasizes the importance of thorough documentation when working on AgrAbility cases. Previous Slide Product Liability Documentation (4:40.6) Liability Home Page

  11. Liability: Product Liability Click the Real™ logo below to view a section of the presentation in which product liability is introduced along with criteria for determining what a “product” is and when it may be considered defective. Product liability (6:28.5) Previous Slide John Shutske’s Experience Liability Home Page

  12. John Shutske’s experience Click the Real™ logo below to view a section of the presentation in which Dr. Shutske discusses his professional experience as a safety specialist involved in product liability litigation. Previous Slide Product Liability Cases John Shutske’s experience (2:09.9) Liability Home Page

  13. Liability: Product Liability Cases Click the Real™ logo below to view a section of the presentation in which two different cases are reviewed. The focus of each is product liability, though the situations are quite different. Previous Slide Safety Hierarchy Product liability cases (5:51.9) Liability Home Page

  14. Liability: the Safety Hierarchy Click the Real™ logo below to view a section of the presentation in which two different cases are reviewed. The focus of each is product liability, though the situations are quite different. The Safety Hierarchy (9:41.0) Previous Slide Hazard Analysis Liability Home Page

  15. Liability: the Hazard Analysis Worksheet Click the Real™ logo below to view a section of the presentation in which two different cases are reviewed. The focus of each is product liability, though the situations are quite different. Hazard Analysis (8:18.8) Previous Slide Summary Liability Home Page Hazard Worksheet in Excel®

  16. Liability: Summary Click the Real™ logo below to view a section of the presentation in which two different cases are reviewed. The focus of each is product liability, though the situations are quite different. Previous Slide Check your understanding Liability Home Page Summary and Conclusion (1:49.8)

  17. The Constitution is the foundation for all law in the United States. What are the basic categories into which our laws fall? A. Statutory, administrative, common B. Statutory, administrative, proscriptive C. Statutory, class-action, proscriptive D. Exculpatory, class-action, proscriptive E. Pro bono, pro rata, quid pro quo A B C D E Question 1 of 12

  18. The Constitution is the foundation for all law in the United States. What are the basic categories into which our laws fall? A. Statutory, administrative, common B. Statutory, administrative, proscriptive C. Statutory, class-action, proscriptive D. Exculpatory, class-action, proscriptive E. Pro bono, pro rata, quid pro quo A B C D E Go to the next question. Excellent! You got that one right. Question 1 of 12

  19. The Constitution is the foundation for all law in the United States. What are the basic categories into which our laws fall? A. Statutory, administrative, common B. Statutory, administrative, proscriptive C. Statutory, class-action, proscriptive D. Exculpatory, class-action, proscriptive E. Pro bono, pro rata, quid pro quo A B C D E Try again! Types of law, risk (5:42.9) Sorry, you were close. But we’re not playing horseshoes, so you should try again. (Hint: red box = wrong.) Click on the Real logo to see a clip that will help. Question 1 of 12

  20. The Constitution is the foundation for all law in the United States. What are the basic categories into which our laws fall? A. Statutory, administrative, common B. Statutory, administrative, proscriptive C. Statutory, class-action, proscriptive D. Exculpatory, class-action, proscriptive E. Pro bono, pro rata, quid pro quo A B C D E Try again! Types of law, risk (5:42.9) Sorry, you were close. But we’re not playing horseshoes, so you should try again. (Hint: red box = wrong.) Click on the Real logo to see a clip that will help. Question 1 of 12

  21. The Constitution is the foundation for all law in the United States. What are the basic categories into which our laws fall? A. Statutory, administrative, common B. Statutory, administrative, proscriptive C. Statutory, class-action, proscriptive D. Exculpatory, class-action, proscriptive E. Pro bono, pro rata, quid pro quo A B C D E Try again! Types of law, risk (5:42.9) Sorry, you were close. But we’re not playing horseshoes, so you should try again. (Hint: red box = wrong.) Click on the Real logo to see a clip that will help. Question 1 of 12

  22. The Constitution is the foundation for all law in the United States. What are the basic categories into which our laws fall? A. Statutory, administrative, common B. Statutory, administrative, proscriptive C. Statutory, class-action, proscriptive D. Exculpatory, class-action, proscriptive E. Pro bono, pro rata, quid pro quo A B C D E Try again! Types of law, risk (5:42.9) Sorry, you were close. But we’re not playing horseshoes, so you should try again. (Hint: red box = wrong.) Click on the Real logo to see a clip that will help. Question 1 of 12

  23. Which industry has the highest worker fatality rate, according to the National Safety Council? A. Mining B. Agriculture C. Construction D. Transportation E. Mining for ore to use in the construction of agricultural transportation A B C D E Question 2 of 12

  24. Which industry has the highest worker fatality rate, according to the National Safety Council? A. Mining B. Agriculture C. Construction D. Transportation E. Mining for ore to use in the construction of agricultural transportation A B C D E Sorry, you were close. Mining is very dangerous, but it is not as lethal as another industry in this list. Click on the Real logo to see a clip that will help, or simply go back and try again. Try again! Types of law, risk (5:42.9) Question 2 of 12

  25. Which industry has the highest worker fatality rate, according to the National Safety Council? A. Mining B. Agriculture C. Construction D. Transportation E. Mining for ore to use in the construction of agricultural transportation A B C D E Go to the next question. Correct! Question 2 of 12

  26. Which industry has the highest worker fatality rate, according to the National Safety Council? A. Mining B. Agriculture C. Construction D. Transportation E. Mining for ore to use in the construction of agricultural transportation A B C D E Sorry, you were close. Construction is very dangerous, but it is not as lethal as another industry in this list. Click on the Real logo to see a clip that will help, or simply go back and try again. Try again! Types of law, risk (5:42.9) Question 2 of 12

  27. Which industry has the highest worker fatality rate, according to the National Safety Council? A. Mining B. Agriculture C. Construction D. Transportation E. Mining for ore to use in the construction of agricultural transportation A B C D E Sorry, you were close. Transportation is very dangerous, but it is not as lethal as another industry in this list. Click on the Real logo to see a clip that will help, or simply go back and try again. Try again! Types of law, risk (5:42.9) Question 2 of 12

  28. Which industry has the highest worker fatality rate, according to the National Safety Council? A. Mining B. Agriculture C. Construction D. Transportation E. Mining for ore to use in the construction of agricultural transportation A B C D E Sorry, you were close. Mining is very dangerous, but it is not as lethal as another industry in this list. Click on the Real logo to see a clip that will help, or simply go back and try again. Try again! Types of law, risk (5:42.9) Question 2 of 12

  29. The safety hierarchy says that – A. As long as there are warning signs on a piece of modified equipment, you have fulfilled your responsibility to the well-being of the client. B. If you can’t eliminate a hazard entirely, the next-most-preferable option is to safeguard or isolate the hazard, while taking any additional steps listed farther down the hierarchy. C. The best way to deal with an equipment hazard is simply to make sure that the operator is aware of it. D. Protective clothing and equipment are not needed if clearly-written warnings are in place. E. You may pick whichever option on the hierarchy is the most inexpensive, since all of the options are of equal effectiveness. A B C D E Question 3 of 12

  30. The safety hierarchy says that – A. As long as there are warning signs on a piece of modified equipment, you have fulfilled your responsibility to the well-being of the client. B. If you can’t eliminate a hazard entirely, the next-most-preferable option is to safeguard or isolate the hazard, while taking any additional steps listed farther down the hierarchy. C. The best way to deal with an equipment hazard is simply to make sure that the operator is aware of it. D. Protective clothing and equipment are not needed if clearly-written warnings are in place. E. You may pick whichever option on the hierarchy is the most inexpensive, since all of the options are of equal effectiveness. A B C D E Not quite: warning signs are necessary but not sufficient. Click on the Real logo to see a clip that will help, or simply go back and try again. The Safety Hierarchy (9:41.0) Try again! Question 3 of 12

  31. The safety hierarchy says that – A. As long as there are warning signs on a piece of modified equipment, you have fulfilled your responsibility to the well-being of the client. B. If you can’t eliminate a hazard entirely, the next-most-preferable option is to safeguard or isolate the hazard, while taking any additional steps listed farther down the hierarchy. C. The best way to deal with an equipment hazard is simply to make sure that the operator is aware of it. D. Protective clothing and equipment are not needed if clearly-written warnings are in place. E. You may pick whichever option on the hierarchy is the most inexpensive, since all of the options are of equal effectiveness. A B C D E Correct! Go to the next question. Question 3 of 12

  32. The safety hierarchy says that – A. As long as there are warning signs on a piece of modified equipment, you have fulfilled your responsibility to the well-being of the client. B. If you can’t eliminate a hazard entirely, the next-most-preferable option is to safeguard or isolate the hazard, while taking any additional steps listed farther down the hierarchy. C. The best way to deal with an equipment hazard is simply to make sure that the operator is aware of it. D. Protective clothing and equipment are not needed if clearly-written warnings are in place. E. You may pick whichever option on the hierarchy is the most inexpensive, since all of the options are of equal effectiveness. A B C D E Not true, unless you replace “best” with “least effective.” Click on the Real logo to see a clip that will help, or simply go back and try again. The Safety Hierarchy (9:41.0) Try again! Question 3 of 12

  33. The safety hierarchy says that – A. As long as there are warning signs on a piece of modified equipment, you have fulfilled your responsibility to the well-being of the client. B. If you can’t eliminate a hazard entirely, the next-most-preferable option is to safeguard or isolate the hazard, while taking any additional steps listed farther down the hierarchy. C. The best way to deal with an equipment hazard is simply to make sure that the operator is aware of it. D. Protective clothing and equipment are not needed if clearly-written warnings are in place. E. You may pick whichever option on the hierarchy is the most inexpensive, since all of the options are of equal effectiveness. A B C D E This statement is true as long as you don’t care about safety. Click on the Real logo to see a clip that will help, or simply go back and try again. The Safety Hierarchy (9:41.0) Try again! Question 3 of 12

  34. The safety hierarchy says that – A. As long as there are warning signs on a piece of modified equipment, you have fulfilled your responsibility to the well-being of the client. B. If you can’t eliminate a hazard entirely, the next-most-preferable option is to safeguard or isolate the hazard, while taking any additional steps listed farther down the hierarchy. C. The best way to deal with an equipment hazard is simply to make sure that the operator is aware of it. D. Protective clothing and equipment are not needed if clearly-written warnings are in place. E. You may pick whichever option on the hierarchy is the most inexpensive, since all of the options are of equal effectiveness. A B C D E No: if all options are equally effective, it’s not a hierarchy. Click on the Real logo to see a clip that will help, or simply go back and try again. The Safety Hierarchy (9:41.0) Try again! Question 3 of 12

  35. Warning signs and labels – • A. are adequate as long as they’re large and bright • B. should contain as much text as can be fit in the available space (think Dr. Bronner’s • soap) • C. must conform to very specific standards set forth by the American National Standards Institute • D. are not necessary if a hazard is visibly obvious • E. protect you from any product liability concerns A B C D E Question 4 of 12

  36. Warning signs and labels – • A. are adequate as long as they’re large and bright • B. should contain as much text as can be fit in the available space (think Dr. Bronner’s • soap) • C. must conform to very specific standards set forth by the American National Standards Institute • D. are not necessary if a hazard is visibly obvious • E. protect you from any product liability concerns A B C D E No: it’s not enough to be just large and bright. Click on the Real logo to see a clip that will help, or simply go back and try again. Hazard Analysis (8:18.8) Try again! Question 4 of 12

  37. Warning signs and labels – • A. are adequate as long as they’re large and bright • B. should contain as much text as can be fit in the available space (think Dr. Bronner’s • soap) • C. must conform to very specific standards set forth by the American National Standards Institute • D. are not necessary if a hazard is visibly obvious • E. protect you from any product liability concerns A B C D E Seriously, when was the last time you read all of the fine-print warning labels on a stepladder? Click on the Real logo to see a clip that will help, or simply go back and try again. Hazard Analysis (8:18.8) Try again! Seriously, when was the last time you read all of the fine-print warning labels on a stepladder? Click on the Real logo to see a clip that will help, or simply go back and try again. Seriously, when was the last time you read all of the fine-print warning labels on a stepladder? Click on the Real logo to see a clip that will help, or simply go back and try again. Seriously, when was the last time you read all of the fine-print warning labels on a stepladder? Click on the Real logo to see a clip that will help, or simply go back and try again. Seriously, when was the last time you read all of the fine-print warning labels on a stepladder? Click on the Real logo to see a clip that will help, or simply go back and try again. Seriously, when was the last time you read all of the fine-print warning labels on a stepladder? Click on the Real logo to see a clip that will help, or simply go back and try again. Seriously, when was the last time you read all of the fine-print warning labels on a stepladder? Click on the Real logo to see a clip that will help, or simply go back and try again. Question 4 of 12

  38. Warning signs and labels – • A. are adequate as long as they’re large and bright • B. should contain as much text as can be fit in the available space (think Dr. Bronner’s • soap) • C. must conform to very specific standards set forth by the American National Standards Institute • D. are not necessary if a hazard is visibly obvious • E. protect you from any product liability concerns A B C D E Correct! Go to the next question. Question 4 of 12

  39. Warning signs and labels – • A. are adequate as long as they’re large and bright • B. should contain as much text as can be fit in the available space (think Dr. Bronner’s • soap) • C. must conform to very specific standards set forth by the American National Standards Institute • D. are not necessary if a hazard is visibly obvious • E. protect you from any product liability concerns A B C D E Wrong: even lion habitats have warnings telling zoo patrons not to climb over restraining barriers. Click on the Real logo to see a clip that will help, or simply go back and try again. Hazard Analysis (8:18.8) Try again! Question 4 of 12

  40. Warning signs and labels – • A. are adequate as long as they’re large and bright • B. should contain as much text as can be fit in the available space (think Dr. Bronner’s • soap) • C. must conform to very specific standards set forth by the American National Standards Institute • D. are not necessary if a hazard is visibly obvious • E. protect you from any product liability concerns A B C D E No. Nothing offers magic, universal immunity, except a cape I made from old Pop Tart® wrappers. Click on the Real logo to see a clip that will help, or simply go back and try again. Hazard Analysis (8:18.8) Try again! Question 4 of 12

  41. Inventor Caractacus Potts is not terribly well versed in ergonomics, so he asks you to help him make Chitty Chitty Bang Bang a more comfortable ride. You help Caractacus design and install active-suspension seats, which greatly reduce excess vibration. However, you wish to protect yourself and your organization from negligence-based lawsuits in the event of a passenger or operator injury. Which of the following hazards do you need to point out (and thoroughly document)? • A. lack of rollover protection • B. fully-exposed propeller blades • C. headlamps adequate for driving • but not for low-level flight • D. personal flotation devices must be within • reach whenever car is used as boat • E. all of the above, and then some A B C D E Question 5 of 12

  42. Inventor Caractacus Potts is not terribly well versed in ergonomics, so he asks you to help him make Chitty Chitty Bang Bang a more comfortable ride. You help Caractacus design and install active-suspension seats, which greatly reduce excess vibration. However, you wish to protect yourself and your organization from negligence-based lawsuits in the event of a passenger or operator injury. Which of the following hazards do you need to point out (and thoroughly document)? • A. lack of rollover protection • B. fully-exposed propeller blades • C. headlamps adequate for driving • but not for low-level flight • D. personal flotation devices must be within • reach whenever car is used as boat • E. all of the above, and then some A B C D E Sorry, but rollover protection is the least of your worries. Click on the Real logo to see a clip that will help, or simply go back and try again. Negligence (6:44.0) Try again! Question 5 of 12

  43. Inventor Caractacus Potts is not terribly well versed in ergonomics, so he asks you to help him make Chitty Chitty Bang Bang a more comfortable ride. You help Caractacus design and install active-suspension seats, which greatly reduce excess vibration. However, you wish to protect yourself and your organization from negligence-based lawsuits in the event of a passenger or operator injury. Which of the following hazards do you need to point out (and thoroughly document)? • A. lack of rollover protection • B. fully-exposed propeller blades • C. headlamps adequate for driving • but not for low-level flight • D. personal flotation devices must be within • reach whenever car is used as boat • E. all of the above, and then some A B C D E Good answer, but not the best answer. Click on the Real logo to see a clip that will help, or simply go back and try again. Try again! Negligence (6:44.0) Question 5 of 12

  44. Inventor Caractacus Potts is not terribly well versed in ergonomics, so he asks you to help him make Chitty Chitty Bang Bang a more comfortable ride. You help Caractacus design and install active-suspension seats, which greatly reduce excess vibration. However, you wish to protect yourself and your organization from negligence-based lawsuits in the event of a passenger or operator injury. Which of the following hazards do you need to point out (and thoroughly document)? • A. lack of rollover protection • B. fully-exposed propeller blades • C. headlamps adequate for driving • but not for low-level flight • D. personal flotation devices must be within • reach whenever car is used as boat • E. all of the above, and then some A B C D E Actually, nothing about the craft is suitable for flight. Click on the Real logo to see a helpful clip, or just go back and pick an even better answer. Negligence (6:44.0) Try again! Question 5 of 12

  45. Inventor Caractacus Potts is not terribly well versed in ergonomics, so he asks you to help him make Chitty Chitty Bang Bang a more comfortable ride. You help Caractacus design and install active-suspension seats, which greatly reduce excess vibration. However, you wish to protect yourself and your organization from negligence-based lawsuits in the event of a passenger or operator injury. Which of the following hazards do you need to point out (and thoroughly document)? • A. lack of rollover protection • B. fully-exposed propeller blades • C. headlamps adequate for driving • but not for low-level flight • D. personal flotation devices must be within • reach whenever car is used as boat • E. all of the above, and then some A B C D E Even with flotation devices, this thing is still more dangerous than a barrel of monkeypox. Click on the Real logo to see a helpful clip, or simply go back and try again. Negligence (6:44.0) Try again! Question 5 of 12

  46. Inventor Caractacus Potts is not terribly well versed in ergonomics, so he asks you to help him make Chitty Chitty Bang Bang a more comfortable ride. You help Caractacus design and install active-suspension seats, which greatly reduce excess vibration. However, you wish to protect yourself and your organization from negligence-based lawsuits in the event of a passenger or operator injury. Which of the following hazards do you need to point out (and thoroughly document)? • A. lack of rollover protection • B. fully-exposed propeller blades • C. headlamps adequate for driving • but not for low-level flight • D. personal flotation devices must be within • reach whenever car is used as boat • E. all of the above, and then some A B C D E Correct! Go to the next question. Question 5 of 12

  47. Which of the following is NOT considered a form of professional malpractice? A. failure to obtain informed consent B. use or transfer of a defective product C. negligent care D. intentional (mis)conduct E. allowing clients to participate in decision making A B C D E Question 6 of 12

  48. Which of the following is NOT considered a form of professional malpractice? A. failure to obtain informed consent B. use or transfer of a defective product C. negligent care D. intentional (mis)conduct E. allowing clients to participate in decision making A B C D E Try again! Failure to obtain informed consent is, indeed, malpractice. Click on the Real logo to see a clip that will help, or simply go back and try again. Malpractice as model (3:48.5) Question 6 of 12

  49. Which of the following is NOT considered a form of professional malpractice? A. failure to obtain informed consent B. use or transfer of a defective product C. negligent care D. intentional (mis)conduct E. allowing clients to participate in decision making A B C D E Try again! This one’s kind of tricky, but defective productscan contribute to professional malpractice. Click on the Real logo to see a clip that will help, or simply go back and try again. Malpractice as model (3:48.5) Question 6 of 12

  50. Which of the following is NOT considered a form of professional malpractice? A. failure to obtain informed consent B. use or transfer of a defective product C. negligent care D. intentional (mis)conduct E. allowing clients to participate in decision making A B C D E Try again! Wrong; negligence is most certainly a form of malpractice. Click on the Real logo to see a clip that will help, or simply go back and try again. Malpractice as model (3:48.5) Question 6 of 12