My practical work in November 2002 was for the script option "The Trial".

University Degree Law

Mr. David J. Bond January 4, 2004

January 4, 2004

Mr. David J. Bond

Legal Counsel

2980 Yorkmont Centre Drive

Dallas, TX 78502

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. ...

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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. Therefore, the employee breached JLTS’s trust by wrongfully misappropriating the company funds for his or her own use. Additionally, employees may take equipment and landscaping products without authorization. Outsiders can also take equipment and landscaping products for resale or personal gain. Theft of these items can be costly to replace.

Despite JLTS’s good faith, criminal liability can result from violations from government agencies such the U.S. Environmental Protection Agency (EPA). EPA can violate JLTS for contaminating the land and water. Landscaping companies use chemical fertilizers and pesticides, which can be misapplied and/or overused. The chemicals can soak into the soil and causing contamination to land and water. Health problems can occur, such as cancer. The pollutants in the lakes and streams can kill fish and other animals causing environmental issues. In an effort to deter violations and to protect the environment, compliance of local, state, and federal regulations is necessary. Also, JLTS will require some type of liability coverage in case an incident should occur.

Mr. Bond, after reviewing the assessment, hopefully you can help JLTS determine his insurance needs to operate his landscaping and tree trimming business. JLTS can incur tort, criminal liability, and guidance in these areas. Please feel free to contact me should you require additional information or have any questions. Thank you for your help.

Sincerely,

Debra C. Williams

References (format is double space for reference sheet)

Jordanger, D. and Graham, C. (2001). Protecting Privilege, Recognizing the Risks of Criminal Liability and Reaping the Benefits of EPA’s Audit Policy. Retrieved on December 22, 2004, from .

Derbyshire, J. (2004). Principles of Criminal Liability. Retrieved on December 22, 2004, from .

Palk, S. (2001). Tort Claims. Retrieved on December 22, 2004, from .