Does your business have a website, a presence on social media (Facebook, Twitter, Instagram etc.) or anywhere else on the Internet where consumers can express their point of view you post responses? If you do, you need a Special Insurance Policy to cover you, your employees, and your company from claims of defamation (slander and libel).
Slander and libel lawsuits have grown familiar, thanks to the Internet and responsible insurance agents advise clients at risk to get the coverage.
What is Defamation?
Defamation is a tort (wrongdoing) that harms the reputation of an individual. Many states have rulings that the defamation is often unintentional and not designed to injure anyone’s reputation. Nevertheless, states also recognize the claims made for negligent or reckless defamation.
Libel means written defamation, and slander is oral or spoken defamation. In a business setting, if a clerk falsely accuses a shopper of shoplifting and is heard by others making the accusation may have committed libel (unless the goods are found on their person). Libel is a written statement that is untrue.
The only absolute defense against defamation is the truth. The exception is if the defamatory statement is about a public figure. Then there is a higher bar for winning a lawsuit. The plaintiff must prove that the statement is a known falsehood to the writer and made with actual malice. This protection was for the benefit of journalists who wrote unflattering but truthful pieces about public figures.
If your business, an employee, or you are defendants in a slander or libel action, it is almost a certainty that there will be costs associated with defending you.
Why do you need Defamation Insurance?
As in the example above, statements made publicly and are untrue can bring a slander lawsuit against your employee, you as the owner, and the business as an employer.
However, the advent of social media makes the risk greater, yet not risky enough to ignore the marketing value of an online presence. There are many of what ifs.
What if a customer makes a libelous comment on your website blog about a competitor? Are you responsible?
What if an employee makes a libelous comment in response to a customer? Is your business responsible?
What if a customer libels another customer on your blog? Are you responsible?
The possibilities are endless but not using Internet marketing techniques is not an option — even if you follow best practices.
At least, you may go to court and need to defend your employee and your business. If the plaintiff wins the case, the damage award can be costly, and some states allow for punitive damages.
Defamation insurance covers the cost of defense and the damages and punitive awards up to your policy limit.
You do need defamation insurance in today’s litigious world.
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October, Adopt a Shelter Dog month, is a great time to add a dog to your family. Be careful which breed you adopt, though. Insurance companies use data from insurance claims and public health studies to create a high risk dog breed list, and your homeowners insurance premiums can increase based on the type of dog you adopt. You can save money when you choose a dog that’s not on the high risk list.
Working Breed Dogs
Agile, powerful and intelligent, Akitas, Alaskan Malamutes, Doberman Pinschers, Rottweilers and Siberian Huskies are also fiercely protective. If they’re not trained properly, these breeds could be potentially dangerous, especially to young children and small pets.
Terrier Breeds
Loyal and protective, American Pitbull Terriers and American Staffordshire Terriers have been bred to hunt. These traits mean they can become aggressive and tenacious if they’re cornered or frightened by one of your family members or guests.
German Shepherds
Police departments, military personnel and ranch hands appreciate this breed because the dogs are intelligent, hard-working and powerful. They’re also suspicious of strangers and won’t back down, which makes them a challenging breed for inexperienced owners to handle.
Chow Chows
Independent and strong Chow Chows are often kept as companions. These fluffy dogs can be aloof and stubborn, though, and should only be adopted by experienced dog owners.
Miscellaneous Breeds
Wolf Hybrid and Presa Canarios dogs exhibit strength and protective characteristics. However, they can also be unpredictable and quick to attack, making them potentially dangerous breeds. Friendly and docile Great Danes are listed on the high risk list, too, because of their size.
A dog adds fun and companionship to your home and family, and adopting a shelter dog is socially responsible. Before you choose a new pet, though, consider whether or not it will increase your homeowners insurance cost. If so, you may choose a different breed or reduce your home insurance premiums by installing a dog fence or raising your deductible.
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Best practices and laws, policies and rules are important foundations for building a workplace safety program. But, they are not nearly enough. A truly safe working environment is then management and line employees share in the workplace safety effort. Employees who name a hazard should never feel threatened or that he or she will be subject to recriminations. Words of praise are the least for alert people and tickets to a sporting event, movie, or show let them know their alertness counts. Following are some common issues found in most workplaces that management and floor employees should look for.
1. Identify Hazardous Places
When employees first start, assign a person to take them on a tour. Point any places that are hazardous, even if proper signage is up. Explain to new employees the nature of the hazard and if they need protective clothing in the area.
2. Instruct employees in a way to maintain the right posture to protect their backs.
People, who work at desks, keep your shoulders lined up with your hip to avert back issues. Any worker who has to pick something up needs to know the correct position of the back to avoid injury. So do not stoop or twist. Whenever possible use ergonomically designed furniture and equipment to protect your back. Ergonomic equipment and furniture help keep your muscular-skeletal system in the proper place.
3. Report unsafe conditions.
The span of management keeps getting larger. Managers have more difficulty walking through their areas to make sure all areas are safe. They are dependent on their workers to help find unsafe conditions. Safety is everyone’s job — as soon as you suspect a condition is not safe report it to your manager.
4. Be aware of your surroundings.
If you work on a factory floor, in the fulfillment center or a warehouse be aware of your surroundings. Forklifts are racing around keeping to their schedules and intersections are especially dangerous. Walk the floor with the same caution, you do when crossing the street at a busy intersection.
5. Dress for safety.
Always make sure you have the proper safety equipment on. Hard hats, goggles, ear protection, and other safety items significantly cut the amount of employee injuries and illnesses.
Managers who share these and other safety tips with their team show that they care about their employees past “legislative directions.” This caring attitude goes a long way towards employee safety awareness, less on the job injuries, and higher productivity thanks to improved morale.
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I find myself frustrated because companies and those in the HR Function won’t allow me to help them as much as I can. I’m frustrated when I see the trivial feud of HR Executives truly trying to make a difference and be excellent. I’m frustrated when I speak and exhibit at a conference and the attendees are more interested in getting their CEU credits and whatever you’re handing out at your exhibit than they are truly learning things from the speakers or the vendors. I am frustrated because HR Executives as a group have not exhibited the dedication, vision, nerve, defiance, edginess, etc. that I like to be associated with. And unfortunately, we have relegated the concept of relationships at our companies to these executives.
HR has to take it on the chin and realize that there’s good reason for the harsh criticism. They have to take it as a wakeup call and an opportunity. HR represents an incredible opportunity that few organizations or individuals are committed to. Those who are committed to the process of building human excellence will generate additional values at their companies and in their personal lives. So, there’s a choice, either you kick ass at HR and receive the rewards or you stay in your comfort zone and continue to get run over.
Perhaps the two greatest impacts on HR over the last few decades have been technology and the law. It’s gotten to a point where we can access all levels of data regarding our operations. Human Resource Management System and Human Resources Information Systems have been designed for every level of size and complexity. Technology has also been utilized to organize performance management. Managing a HRIS system is like managing information on steroids. The reality is that while many of these companies pump the time saving advantages of being able to pull various reports, few executives ever find the time or reason to pull them. As a result, the technology is utilized at its lowest common denominator.
The most drastic employment law changes in the workplace have occurred during my career. When I began my legal career in 1983 most of the law was concerning union work. Few people brought sexual harassment, discrimination, or other statutory claims. That was primarily handled by agencies such as the Federal EEOC and the California DFEH. Over the last 30 years, the amount of law that one has to know related to the HR function has easily quadrupled. Go to an HR conference today and you will see at least half of all presentations being related to compliance.
Don Phin, Esq. is VP of Strategic Business Solutions at ThinkHR, which helps companies resolve urgent workforce issues, mitigate risk and ensure HR compliance. Phin has more than three decades of experience as an HR expert, published author and speaker, and spent 17 years in employment practices litigation. For more information, visit www.ThinkHR.com.
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You own your home, have your own business, and drive a new car. Though you are not rich, you are comfortable. It will be a shame to lose it all if someone sustains injuries by your car or at your home or place of business.
You have insurance you say; you have standard auto liability insurance. The limits are $100,000 for a single person and a total of $300,000 for multiple people. Suppose you are responsible for any accident involving a shuttle taking ten people to the airport. Three hundred thousand dollars allows on average $10,000 per person. That is hardly enough to cover the emergency room fees let alone any surgery, rehabilitation, lost wages and other medical expenses. If there is a fatality, you may consider bankruptcy.
Your business has a small storefront on a busy street. A middle-aged executive comes into your place of business following a rainstorm. Your floor is wet and slippery, and the executive slips and falls. He strikes his head, loses consciousness, and goes into a coma. Your general business liability insurance has the same limit as your auto insurance – $100,000. It may cover part of the hospital bill, but the official says he is permanently disabled and sues you for future wages for $1 million. Since your business is a sole proprietorship, bankruptcy beckons.
Your son invites a friend over for a swim in your pool. He dives into the shallow end strikes his head and suffers traumatic brain injury. Sadly, the damage is permanent — with standard liability limits of $100,000 — well, you know, bankruptcy stares you in the face.
The inexpensive, elegant solution to the problem is umbrella insurance. When a claim exceeds your standard liability insurance limits, your umbrella insurance policy takes over and pays up to your umbrella liability limits. Most people who buy umbrella insurance extend their liability limits to $5 million.
Though you hope never to use it, for a few hundred dollars per year, you can protect your assets, and avoid financial disaster. Umbrella insurance pays when you are responsible for an injury that exceeds your standard liability limits.
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The best predictor of future behavior is the past. Maybe, but it’s at least helpful to review the past with an eye towards improvement.
Reviewing losses can be tricky. Insurance company analysis utilizes an “exposure unit”. Sometimes an exposure unit is one thousand dollars in sales, one hundred dollars in payroll, square feet of a building, one hundred dollars of value, or per person. The important idea is to compare relative risk and loss rather than absolute quantities.
Chart your losses, particularly insurable losses or claims made or paid. Now chart payroll, number of employees, sales, goods manufactured, units manufactured, or any other reasonable business data points.
Compare the trajectory of the charts. Does the pattern of losses mirror one of the other statistics? For example, does your workers compensation losses trend with payroll, sales, number of employees, or even square footage of your business?
Some claims history is explained by firing one employee, maybe a bad driver. Don’t ignore the fact that a bad driver got through your screening system. Make sure that leak has been plugged before thinking the problem is resolved.
Other claims may be reduced by a larger work area. Perhaps employees were just too crowded to work safely. That would indicate resolution, but think in terms of square foot per worker as a crowding issue in the future.
When you find your unexplained losses and the closest statistical trend, let’s assume claim dollars and gross sales, than forecast the business statistical trend and the claims amount.
This chart will also predict your insurance costs.
Use the same format to hindcast claims. Start now and project into the past. How much error is in this prediction? If it’s close year-to-year, it should be a good indicator of the future.
Start thinking about why these two data sets mirror. Do claims rise as you push to meet demand? Do you over-staff to meet demand and some employees lose focus? Are your claims about products not being quality checked at a certain volume? Once diagnosed, any loss control issue can be resolved, and pay you dividends. Ask your loss control service for help on these issues.
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