Liability Concerns for the AgrAbility Professional
A 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
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Liability Home Page
This lecture module features Dr.
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
Introduction
(6:22)
Malpractice
as model (3:49)
Product
liability (6:29)
The Safety
Hierarchy (9:41.0)
Types of law,
risk (5:43)
Negligence (6:44)
John Shutske’s
experience (2:10)
Hazard
Analysis (8:18.8)
Professional
liability cases
(4:12)
Documentation
(4:41)
Product liability
cases (5:52)
Summary and
Conclusion
(1:49.8)
Go back to the introduction
Liability Concerns For the AgrAbility Professional
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presentation in its entirety, uninterrupted.
View the whole
presentation. (1:11:33)
Previous
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Video
Intro
Liability Home Page
Liability: Introduction
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introduction to the presentation.
View the introduction
(6:21.8).
Previous
Slide
Law, Risk
Liability Home Page
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
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
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.
Malpractice as model
(3:48.5)
Previous
Slide
Negligence
Liability Home Page
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
Documentation
Liability Home Page
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.
Documentation (4:40.6)
Previous
Slide
Product
Liability
Liability Home Page
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
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.
John Shutske’s experience
(2:09.9)
Previous
Slide
Product
Liability
Cases
Liability Home Page
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.
Product liability cases
(5:51.9)
Previous
Slide
Safety
Hierarchy
Liability Home Page
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
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)
Hazard Worksheet in Excel®
Previous
Slide
Summary
Liability Home Page
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.
Summary and Conclusion
(1:49.8)
Previous
Slide
Check your
understanding
Liability Home Page
The Constitution is the foundation for all law in the United States. What are the basic
categories into which our laws fall?
A.
A Statutory, administrative, common
B.
B Statutory, administrative, proscriptive
C.
C Statutory, class-action, proscriptive
D.
D Exculpatory, class-action, proscriptive
E.
E Pro bono, pro rata, quid pro quo
Question 1 of 12
The Constitution is the foundation for all law in the United States. What are the basic
categories into which our laws fall?
A.
A Statutory, administrative, common
B.
B Statutory, administrative, proscriptive
C.
C Statutory, class-action, proscriptive
D.
D Exculpatory, class-action, proscriptive
E.
E Pro bono, pro rata, quid pro quo
Go to the next question.
Excellent! You
got that one
right.
Question 1 of 12
The Constitution is the foundation for all law in the United States. What are the basic
categories into which our laws fall?
A.
A Statutory, administrative, common
B.
B Statutory, administrative, proscriptive
C.
C Statutory, class-action, proscriptive
D.
D Exculpatory, class-action, proscriptive
E.
E Pro bono, pro rata, quid pro quo
Types of law, risk (5:42.9)
Try again!
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
The Constitution is the foundation for all law in the United States. What are the basic
categories into which our laws fall?
A.
A Statutory, administrative, common
B.
B Statutory, administrative, proscriptive
C.
C Statutory, class-action, proscriptive
D.
D Exculpatory, class-action, proscriptive
E.
E Pro bono, pro rata, quid pro quo
Types of law, risk (5:42.9)
Try again!
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
The Constitution is the foundation for all law in the United States. What are the basic
categories into which our laws fall?
A.
A Statutory, administrative, common
B.
B Statutory, administrative, proscriptive
C.
C Statutory, class-action, proscriptive
D.
D Exculpatory, class-action, proscriptive
E.
E Pro bono, pro rata, quid pro quo
Types of law, risk (5:42.9)
Try again!
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
The Constitution is the foundation for all law in the United States. What are the basic
categories into which our laws fall?
A.
A Statutory, administrative, common
B.
B Statutory, administrative, proscriptive
C.
C Statutory, class-action, proscriptive
D.
D Exculpatory, class-action, proscriptive
E.
E Pro bono, pro rata, quid pro quo
Types of law, risk (5:42.9)
Try again!
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
Which industry has the highest worker fatality rate, according to the National Safety
Council?
A.
A Mining
B.
B Agriculture
C.
C Construction
D.
D Transportation
E.
E Mining for ore to use in the construction of agricultural transportation
Question 2 of 12
Which industry has the highest worker fatality rate, according to the National Safety
Council?
A.
A Mining
B.
B Agriculture
C.
C Construction
D.
D Transportation
E.
E Mining for ore to use in the construction of agricultural transportation
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.
Types of law, risk (5:42.9)
Try again!
Question 2 of 12
Which industry has the highest worker fatality rate, according to the National Safety
Council?
A.
A Mining
B.
B Agriculture
C.
C Construction
D.
D Transportation
E.
E Mining for ore to use in the construction of agricultural transportation
Go to the next question.
Correct!
Question 2 of 12
Which industry has the highest worker fatality rate, according to the National Safety
Council?
A.
A Mining
B.
B Agriculture
C.
C Construction
D.
D Transportation
E.
E Mining for ore to use in the construction of agricultural transportation
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.
Types of law, risk (5:42.9)
Try again!
Question 2 of 12
Which industry has the highest worker fatality rate, according to the National Safety
Council?
A.
A Mining
B.
B Agriculture
C.
C Construction
D.
D Transportation
E.
E Mining for ore to use in the construction of agricultural transportation
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.
Types of law, risk (5:42.9)
Try again!
Question 2 of 12
Which industry has the highest worker fatality rate, according to the National Safety
Council?
A.
A Mining
B.
B Agriculture
C.
C Construction
D.
D Transportation
E.
E Mining for ore to use in the construction of agricultural transportation
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.
Types of law, risk (5:42.9)
Try again!
Question 2 of 12
The safety hierarchy says that –
A.
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.
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.
C The best way to deal with an equipment hazard is simply to make sure that the operator
is aware of it.
D.
D Protective clothing and equipment are not needed if clearly-written warnings are in
place.
E.
E You may pick whichever option on the hierarchy is the most inexpensive, since all of the
options are of equal effectiveness.
Question 3 of 12
The safety hierarchy says that –
A.
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.
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.
C The best way to deal with an equipment hazard is simply to make sure that the operator
is aware of it.
D.
D Protective clothing and equipment are not needed if clearly-written warnings are in
place.
E.
E You may pick whichever option on the hierarchy is the most inexpensive, since all of the
options are of equal effectiveness.
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
The safety hierarchy says that –
A.
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.
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.
C The best way to deal with an equipment hazard is simply to make sure that the operator
is aware of it.
D.
D Protective clothing and equipment are not needed if clearly-written warnings are in
place.
E.
E You may pick whichever option on the hierarchy is the most inexpensive, since all of the
options are of equal effectiveness.
Go to the next question.
Correct!
Question 3 of 12
The safety hierarchy says that –
A.
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.
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.
C The best way to deal with an equipment hazard is simply to make sure that the operator
is aware of it.
D.
D Protective clothing and equipment are not needed if clearly-written warnings are in
place.
E.
E You may pick whichever option on the hierarchy is the most inexpensive, since all of the
options are of equal effectiveness.
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
The safety hierarchy says that –
A.
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.
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.
C The best way to deal with an equipment hazard is simply to make sure that the operator
is aware of it.
D.
D Protective clothing and equipment are not needed if clearly-written warnings are in
place.
E.
E You may pick whichever option on the hierarchy is the most inexpensive, since all of the
options are of equal effectiveness.
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
The safety hierarchy says that –
A.
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.
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.
C The best way to deal with an equipment hazard is simply to make sure that the operator
is aware of it.
D.
D Protective clothing and equipment are not needed if clearly-written warnings are in
place.
E.
E You may pick whichever option on the hierarchy is the most inexpensive, since all of the
options are of equal effectiveness.
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
Warning signs and labels –
A.
A are adequate as long as they’re large and bright
B.
B should contain as much text as can be fit in the available space (think Dr. Bronner’s
soap)
C.
C must conform to very specific standards set forth by the American National Standards
Institute
D.
D are not necessary if a hazard is visibly obvious
E.
E protect you from any product liability concerns
Question 4 of 12
Warning signs and labels –
A.
A are adequate as long as they’re large and bright
B.
B should contain as much text as can be fit in the available space (think Dr. Bronner’s
soap)
C.
C must conform to very specific standards set forth by the American National Standards
Institute
D.
D are not necessary if a hazard is visibly obvious
E.
E protect you from any product liability concerns
Try again!
No: it’s not
enough to be just large and bright. Click
Hazard Analysis (8:18.8)
on the Real logo to see a clip that will help, or simply go back and try again.
Question 4 of 12
Warning signs and labels –
A.
A are adequate as long as they’re large and bright
B.
B should contain as much text as can be fit in the available space (think Dr. Bronner’s
soap)
C.
C must conform to very specific standards set forth by the American National Standards
Institute
D.
D are not necessary if a hazard is visibly obvious
E.
E protect you from any product liability concerns
Seriously, when was the last
time you read all of the fineprint 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 fineprint 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
Warning signs and labels –
A.
A are adequate as long as they’re large and bright
B.
B should contain as much text as can be fit in the available space (think Dr. Bronner’s
soap)
C.
C must conform to very specific standards set forth by the American National Standards
Institute
D.
D are not necessary if a hazard is visibly obvious
E.
E protect you from any product liability concerns
Go to the next question.
Correct!
Question 4 of 12
Warning signs and labels –
A.
A are adequate as long as they’re large and bright
B.
B should contain as much text as can be fit in the available space (think Dr. Bronner’s
soap)
C.
C must conform to very specific standards set forth by the American National Standards
Institute
D.
D are not necessary if a hazard is visibly obvious
E.
E protect you from any product liability concerns
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
Warning signs and labels –
A.
A are adequate as long as they’re large and bright
B.
B should contain as much text as can be fit in the available space (think Dr. Bronner’s
soap)
C.
C must conform to very specific standards set forth by the American National Standards
Institute
D.
D are not necessary if a hazard is visibly obvious
E.
E protect you from any product liability concerns
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
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.
A lack of rollover protection
B.
B fully-exposed propeller blades
C.
C headlamps adequate for driving
but not for low-level flight
D.
D personal flotation devices must be within
reach whenever car is used as boat
E.
E all of the above, and then some
Question 5 of 12
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.
A lack of rollover protection
B.
B fully-exposed propeller blades
C.
C headlamps adequate for driving
but not for low-level flight
D.
D personal flotation devices must be within
reach whenever car is used as boat
E.
E all of the above, and then some
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
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.
A lack of rollover protection
B.
B fully-exposed propeller blades
C.
C headlamps adequate for driving
but not for low-level flight
D.
D personal flotation devices must be within
reach whenever car is used as boat
E.
E all of the above, and then some
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.
Negligence (6:44.0)
Try again!
Question 5 of 12
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.
A lack of rollover protection
B.
B fully-exposed propeller blades
C.
C headlamps adequate for driving
but not for low-level flight
D.
D personal flotation devices must be within
reach whenever car is used as boat
E.
E all of the above, and then some
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
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.
A lack of rollover protection
B.
B fully-exposed propeller blades
C.
C headlamps adequate for driving
but not for low-level flight
D.
D personal flotation devices must be within
reach whenever car is used as boat
E.
E all of the above, and then some
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
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.
A lack of rollover protection
B.
B fully-exposed propeller blades
C.
C headlamps adequate for driving
but not for low-level flight
D.
D personal flotation devices must be within
reach whenever car is used as boat
E.
E all of the above, and then some
Correct!
Go to the next question.
Question 5 of 12
Which of the following is NOT considered a form of professional malpractice?
A.
A failure to obtain informed consent
B.
B use or transfer of a defective product
C.
C negligent care
D.
D intentional (mis)conduct
E.
E allowing clients to participate in decision making
Question 6 of 12
Which of the following is NOT considered a form of professional malpractice?
A.
A failure to obtain informed consent
B.
B use or transfer of a defective product
C.
C negligent care
D.
D intentional (mis)conduct
E.
E allowing clients to participate in decision making
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)
Try again!
Question 6 of 12
Which of the following is NOT considered a form of professional malpractice?
A.
A failure to obtain informed consent
B.
B use or transfer of a defective product
C.
C negligent care
D.
D intentional (mis)conduct
E.
E allowing clients to participate in decision making
This one’s kind of tricky, but
defective products can
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)
Try again!
Question 6 of 12
Which of the following is NOT considered a form of professional malpractice?
A.
A failure to obtain informed consent
B.
B use or transfer of a defective product
C.
C negligent care
D.
D intentional (mis)conduct
E.
E allowing clients to participate in decision making
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)
Try again!
Question 6 of 12
Which of the following is NOT considered a form of professional malpractice?
A.
A failure to obtain informed consent
B.
B use or transfer of a defective product
C.
C negligent care
D.
D intentional (mis)conduct
E.
E allowing clients to participate in decision making
If intentional misconduct isn’t
malpractice, then nothing is.
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)
Try again!
Question 6 of 12
Which of the following is NOT considered a form of professional malpractice?
A.
A failure to obtain informed consent
B.
B use or transfer of a defective product
C.
C negligent care
D.
D intentional (mis)conduct
E.
E allowing clients to participate in decision making
Go to the next question.
Correct!
Question 6 of 12
Why is it important for AgrAbility staff to have ongoing access to attorneys, safety
specialists and professional engineers?
A.
A Since most staff are attracted by extremely high salaries, professional ethics are
generally considered only as an afterthought.
B.
B Staff come from a variety of backgrounds, and there are not always rigidly-defined job
duties whose standards are spelled out in black-and-white terms.
C.
C It’s not really important to consult attorneys, etc. because AgrAbility’s focus is primarily
education.
D.
D Agriculture is a low-risk industry, so staff must be sure not to create hazards where few
or none exist.
E.
E Documentation and record-keeping should be done only by licensed professionals.
Question 7 of 12
Why is it important for AgrAbility staff to have ongoing access to attorneys, safety
specialists and professional engineers?
A.
A Since most staff are attracted by extremely high salaries, professional ethics are
generally considered only as an afterthought.
B.
B Staff come from a variety of backgrounds, and there are not always rigidly-defined job
duties whose standards are spelled out in black-and-white terms.
C.
C It’s not really important to consult attorneys, etc. because AgrAbility’s focus is primarily
education.
D.
D Agriculture is a low-risk industry, so staff must be sure not to create hazards where few
or none exist.
E.
E Documentation and record-keeping should be done only by licensed professionals.
Actually, this answer is just
goofy. Click on the Real logo to
either a) watch the entire
presentation (recommended),
or b) see a clip that will point
you in the right direction. Or,
simply go back and try again.
The whole thing
(1:11:32.8)
Try again!
Documentation (4:40.6)
Question 7 of 12
Why is it important for AgrAbility staff to have ongoing access to attorneys, safety
specialists and professional engineers?
A.
A Since most staff are attracted by extremely high salaries, professional ethics are
generally considered only as an afterthought.
B.
B Staff come from a variety of backgrounds, and there are not always rigidly-defined job
duties whose standards are spelled out in black-and-white terms.
C.
C It’s not really important to consult attorneys, etc. because AgrAbility’s focus is primarily
education.
D.
D Agriculture is a low-risk industry, so staff must be sure not to create hazards where few
or none exist.
E.
E Documentation and record-keeping should be done only by licensed professionals.
Go to the next question.
Correct!
Question 7 of 12
Why is it important for AgrAbility staff to have ongoing access to attorneys, safety
specialists and professional engineers?
A.
A Since most staff are attracted by extremely high salaries, professional ethics are
generally considered only as an afterthought.
B.
B Staff come from a variety of backgrounds, and there are not always rigidly-defined job
duties whose standards are spelled out in black-and-white terms.
C.
C It’s not really important to consult attorneys, etc. because AgrAbility’s focus is primarily
education.
D.
D Agriculture is a low-risk industry, so staff must be sure not to create hazards where few
or none exist.
E.
E Documentation and record-keeping should be done only by licensed professionals.
Education is not risk-free!
Click on the Real logo to either
a) watch the entire
presentation (recommended),
or b) see a clip that will point
you in the right direction. Or,
simply go back and try again.
The whole thing
(1:11:32.8)
Try again!
Documentation (4:40.6)
Question 7 of 12
Why is it important for AgrAbility staff to have ongoing access to attorneys, safety
specialists and professional engineers?
A.
A Since most staff are attracted by extremely high salaries, professional ethics are
generally considered only as an afterthought.
B.
B Staff come from a variety of backgrounds, and there are not always rigidly-defined job
duties whose standards are spelled out in black-and-white terms.
C.
C It’s not really important to consult attorneys, etc. because AgrAbility’s focus is primarily
education.
D.
D Agriculture is a low-risk industry, so staff must be sure not to create hazards where few
or none exist.
E.
E Documentation and record-keeping should be done only by licensed professionals.
The first half of this answer is
way off. Click on the Real logo
to either a) watch the entire
presentation (recommended),
or b) see a clip that will point
you in the right direction. Or,
simply go back and try again.
The whole thing
(1:11:32.8)
Try again!
Documentation (4:40.6)
Question 7 of 12
Why is it important for AgrAbility staff to have ongoing access to attorneys, safety
specialists and professional engineers?
A.
A Since most staff are attracted by extremely high salaries, professional ethics are
generally considered only as an afterthought.
B.
B Staff come from a variety of backgrounds, and there are not always rigidly-defined job
duties whose standards are spelled out in black-and-white terms.
C.
C It’s not really important to consult attorneys, etc. because AgrAbility’s focus is primarily
education.
D.
D Agriculture is a low-risk industry, so staff must be sure not to create hazards where few
or none exist.
E.
E Documentation and record-keeping should be done only by licensed professionals.
Conscientiousness is everyone’s
duty. Click on the Real logo to
either a) watch the entire
presentation (recommended), or
b) see a clip that will point you
in the right direction. Or,
simply go back and try again.
The whole thing
(1:11:32.8)
Try again!
Documentation (4:40.6)
Question 7 of 12
Which of these statements regarding product liability is NOT true?
A.
A “Negligence” does not apply in product liability cases, as it does in professional liability
suits.
B.
B The “product” includes the item itself, as well as all associated material: instructions,
labels, advertisements, advice on use, etc.
C.
C “Strict liability” is invoked when an item is defective in one or more of these areas:
design, manufacturing, warnings or instructions.
D.
D Product liability laws vary from state to state.
E.
E In a product liability suit, often anyone who had anything to do with the product is
named as a defendant.
Question 8 of 12
Which of these statements regarding product liability is NOT true?
A.
A “Negligence” does not apply in product liability cases, as it does in professional liability
suits.
B.
B The “product” includes the item itself, as well as all associated material: instructions,
labels, advertisements, advice on use, etc.
C.
C “Strict liability” is invoked when an item is defective in one or more of these areas:
design, manufacturing, warnings or instructions.
D.
D Product liability laws vary from state to state.
E.
E In a product liability suit, often anyone who had anything to do with the product is
named as a defendant.
Correct
answer!
(“Negligence” does
apply in product
liability cases, as it
does in professional
liability suits.)
Go to the next question.
Question 8 of 12
Which of these statements regarding product liability is NOT true?
A.
A “Negligence” does not apply in product liability cases, as it does in professional liability
suits.
B.
B The “product” includes the item itself, as well as all associated material: instructions,
labels, advertisements, advice on use, etc.
C.
C “Strict liability” is invoked when an item is defective in one or more of these areas:
design, manufacturing, warnings or instructions.
D.
D Product liability laws vary from state to state.
E.
E In a product liability suit, often anyone who had anything to do with the product is
named as a defendant.
Sorry, “B” is true as written.
Click on the Real logo to watch
a) the product liability clip,
followed by b) a summary of
the presenter’s experience in
this area. Or, simply go back
and try again.
Product liability (6:28.5)
Try again!
John Shutske’s experience
(2:09.9)
Question 8 of 12
Which of these statements regarding product liability is NOT true?
A.
A “Negligence” does not apply in product liability cases, as it does in professional liability
suits.
B.
B The “product” includes the item itself, as well as all associated material: instructions,
labels, advertisements, advice on use, etc.
C.
C “Strict liability” is invoked when an item is defective in one or more of these areas:
design, manufacturing, warnings or instructions.
D.
D Product liability laws vary from state to state.
E.
E In a product liability suit, often anyone who had anything to do with the product is
named as a defendant.
Sorry, “C” is true as written.
Click on the Real logo to watch
a) the product liability clip,
followed by b) a summary of
the presenter’s experience in
this area. Or, simply go back
and try again.
Product liability (6:28.5)
Try again!
John Shutske’s experience
(2:09.9)
Question 8 of 12
Which of these statements regarding product liability is NOT true?
A.
A “Negligence” does not apply in product liability cases, as it does in professional liability
suits.
B.
B The “product” includes the item itself, as well as all associated material: instructions,
labels, advertisements, advice on use, etc.
C.
C “Strict liability” is invoked when an item is defective in one or more of these areas:
design, manufacturing, warnings or instructions.
D.
D Product liability laws vary from state to state.
E.
E In a product liability suit, often anyone who had anything to do with the product is
named as a defendant.
Sorry, “D” is true as written.
Click on the Real logo to watch
a) the product liability clip,
followed by b) a summary of
the presenter’s experience in
this area. Or, simply go back
and try again.
Product liability (6:28.5)
Try again!
John Shutske’s experience
(2:09.9)
Question 8 of 12
Which of these statements regarding product liability is NOT true?
A.
A “Negligence” does not apply in product liability cases, as it does in professional liability
suits.
B.
B The “product” includes the item itself, as well as all associated material: instructions,
labels, advertisements, advice on use, etc.
C.
C “Strict liability” is invoked when an item is defective in one or more of these areas:
design, manufacturing, warnings or instructions.
D.
D Product liability laws vary from state to state.
E.
E In a product liability suit, often anyone who had anything to do with the product is
named as a defendant.
Sorry, “E” is true as written.
Click on the Real logo to watch
a) the product liability clip,
followed by b) a summary of
the presenter’s experience in
this area. Or, simply go back
and try again.
Product liability (6:28.5)
Try again!
John Shutske’s experience
(2:09.9)
Question 8 of 12
Insurance that specifically covers professional liability is often called –
A.
A a liability umbrella
B.
B errors and omissions coverage
C.
C a blanket policy
D.
D substandard care coverage
E.
E limited oversight compensation
Question 9 of 12
Insurance that specifically covers professional liability is often called –
A.
A a liability umbrella
B.
B errors and omissions coverage
C.
C a blanket policy
D.
D substandard care coverage
E.
E limited oversight compensation
Sorry, such a policy probably
does not cover professional
liability. Click on the Real logo
to watch a) the negligence clip,
followed by b) the
documentation segment. Or,
simply go back and try again.
Negligence (6:44.0)
Try again!
Documentation (4:40.6)
Question 9 of 12
Insurance that specifically covers professional liability is often called –
A.
A a liability umbrella
B.
B errors and omissions coverage
C.
C a blanket policy
D.
D substandard care coverage
E.
E limited oversight compensation
Go to the next question.
Correct!
Question 9 of 12
Insurance that specifically covers professional liability is often called –
A.
A a liability umbrella
B.
B errors and omissions coverage
C.
C a blanket policy
D.
D substandard care coverage
E.
E limited oversight compensation
Sorry, such a policy probably
does not cover professional
liability. Click on the Real logo
to watch a) the negligence clip,
followed by b) the
documentation segment. Or,
simply go back and try again.
Negligence (6:44.0)
Try again!
Documentation (4:40.6)
Question 9 of 12
Insurance that specifically covers professional liability is often called –
A.
A a liability umbrella
B.
B errors and omissions coverage
C.
C a blanket policy
D.
D substandard care coverage
E.
E limited oversight compensation
Sorry, such a policy probably
does not cover professional
liability, and may not even
exist. Click on the Real logo to
watch a) the negligence clip,
followed by b) the
documentation segment. Or,
simply go back and try again.
Negligence (6:44.0)
Try again!
Documentation (4:40.6)
Question 9 of 12
Insurance that specifically covers professional liability is often called –
A.
A a liability umbrella
B.
B errors and omissions coverage
C.
C a blanket policy
D.
D substandard care coverage
E.
E limited oversight compensation
Sorry, such a policy probably
does not cover professional
liability, and may not even
exist. Click on the Real logo to
watch a) the negligence clip,
followed by b) the
documentation segment. Or,
simply go back and try again.
Negligence (6:44.0)
Try again!
Documentation (4:40.6)
Question 9 of 12
One tool that is commonly used to systematically identify potential dangers in
procedures and equipment is a –
A.
A risk quantification template
B.
B hazard analysis worksheet
C.
C harm reduction calculator
D.
D threat assessment monitor
E.
E injury prevention flowchart
Question 10 of 12
One tool that is commonly used to systematically identify potential dangers in
procedures and equipment is a –
A.
A risk quantification template
B.
B hazard analysis worksheet
C.
C harm reduction calculator
D.
D threat assessment monitor
E.
E injury prevention flowchart
Sorry: though this answer
seems as though it may be
correct, it is not. (I just made
it up.) Click on the Real logo
to watch a clip that will make
the answer abundantly clear.
Or, simply go back and try
again.
Hazard Analysis (8:18.8)
Try again!
Question 10 of 12
One tool that is commonly used to systematically identify potential dangers in
procedures and equipment is a –
A.
A risk quantification template
B.
B hazard analysis worksheet
C.
C harm reduction calculator
D.
D threat assessment monitor
E.
E injury prevention flowchart
Go to the next question.
Correct!
Question 10 of 12
One tool that is commonly used to systematically identify potential dangers in
procedures and equipment is a –
A.
A risk quantification template
B.
B hazard analysis worksheet
C.
C harm reduction calculator
D.
D threat assessment monitor
E.
E injury prevention flowchart
Sorry: though this answer
seems as though it may be
correct, it is not. (I just made
it up.) Click on the Real logo
to watch a clip that will make
the answer abundantly clear.
Or, simply go back and try
again.
Hazard Analysis (8:18.8)
Try again!
Question 10 of 12
One tool that is commonly used to systematically identify potential dangers in
procedures and equipment is a –
A.
A risk quantification template
B.
B hazard analysis worksheet
C.
C harm reduction calculator
D.
D threat assessment monitor
E.
E injury prevention flowchart
Sorry: though this answer
seems as though it may be
correct, it is not. (I just made
it up.) Click on the Real logo
to watch a clip that will make
the answer abundantly clear.
Or, simply go back and try
again.
Hazard Analysis (8:18.8)
Try again!
Question 10 of 12
One tool that is commonly used to systematically identify potential dangers in
procedures and equipment is a –
A.
A risk quantification template
B.
B hazard analysis worksheet
C.
C harm reduction calculator
D.
D threat assessment monitor
E.
E injury prevention flowchart
Sorry: though this answer
seems as though it may be
correct, it is not. (I just made
it up.) Click on the Real logo
to watch a clip that will make
the answer abundantly clear.
Or, simply go back and try
again.
Hazard Analysis (8:18.8)
Try again!
Question 10 of 12
Which of the following statements regarding engineering standards is TRUE?
A.
A Printed copies of standards and guidelines are available only to professional engineers.
B.
B If an engineer has a Master’s degree, he or she is considered a licensed Professional
Engineer.
C.
C If a design conforms to engineering safety standards, a Professional Engineer will
automatically certify it upon review.
D.
D Though professional safety standards are not necessarily law, they are often used as
minimal acceptable standards of care.
E.
E Adherence to safety standards will prevent lawsuits if a mechanical failure occurs.
Question 11 of 12
Which of the following statements regarding engineering standards is TRUE?
A.
A Printed copies of standards and guidelines are available only to professional engineers.
B.
B If an engineer has a Master’s degree, he or she is considered a licensed Professional
Engineer.
C.
C If a design conforms to engineering safety standards, a Professional Engineer will
automatically certify it upon review.
D.
D Though professional safety standards are not necessarily law, they are often used as
minimal acceptable standards of care.
E.
E Adherence to safety standards will prevent lawsuits if a mechanical failure occurs.
Sorry, this answer is not
correct. Anyone can obtain
copies of standards, though it
may take a professional to
understand them. Click on the
Real logo to watch a helpful
clip, or simply go back and try
again.
Hazard Analysis (8:18.8)
Try again!
Question 11 of 12
Which of the following statements regarding engineering standards is TRUE?
A.
A Printed copies of standards and guidelines are available only to professional engineers.
B.
B If an engineer has a Master’s degree, he or she is considered a licensed Professional
Engineer.
C.
C If a design conforms to engineering safety standards, a Professional Engineer will
automatically certify it upon review.
D.
D Though professional safety standards are not necessarily law, they are often used as
minimal acceptable standards of care.
E.
E Adherence to safety standards will prevent lawsuits if a mechanical failure occurs.
Sorry, this answer is not
correct. A Master’s degree
does not make an engineer a
licensed Professional Engineer.
Click on the Real logo to watch
a helpful clip, or simply go
back and try again.
Hazard Analysis (8:18.8)
Try again!
Question 11 of 12
Which of the following statements regarding engineering standards is TRUE?
A.
A Printed copies of standards and guidelines are available only to professional engineers.
B.
B If an engineer has a Master’s degree, he or she is considered a licensed Professional
Engineer.
C.
C If a design conforms to engineering safety standards, a Professional Engineer will
automatically certify it upon review.
D.
D Though professional safety standards are not necessarily law, they are often used as
minimal acceptable standards of care.
E.
E Adherence to safety standards will prevent lawsuits if a mechanical failure occurs.
Sorry, this answer is not
correct. The problematic word
here is, as you’ve probably
guessed, “automatically.”
Click on the Real logo to watch
a helpful clip, or simply go
back and try again.
Hazard Analysis (8:18.8)
Try again!
Question 11 of 12
Which of the following statements regarding engineering standards is TRUE?
A.
A Printed copies of standards and guidelines are available only to professional engineers.
B.
B If an engineer has a Master’s degree, he or she is considered a licensed Professional
Engineer.
C.
C If a design conforms to engineering safety standards, a Professional Engineer will
automatically certify it upon review.
D.
D Though professional safety standards are not necessarily law, they are often used as
minimal acceptable standards of care.
E.
E Adherence to safety standards will prevent lawsuits if a mechanical failure occurs.
Go to the next question.
Correct!
Question 11 of 12
Which of the following statements regarding engineering standards is TRUE?
A.
A Printed copies of standards and guidelines are available only to professional engineers.
B.
B If an engineer has a Master’s degree, he or she is considered a licensed Professional
Engineer.
C.
C If a design conforms to engineering safety standards, a Professional Engineer will
automatically certify it upon review.
D.
D Though professional safety standards are not necessarily law, they are often used as
minimal acceptable standards of care.
E.
E Adherence to safety standards will prevent lawsuits if a mechanical failure occurs.
Sorry, this answer is wrong.
Adherence to standards will
help protect you in the event of
a suit, but even strict
adherence cannot prevent all
suits. Click on the Real logo to
watch a helpful clip, or simply
go back and try again.
Hazard Analysis (8:18.8)
Try again!
Question 11 of 12
Which of the following is true regarding professional and product liability?
A.
A Since AgrAbility is largely an education and referral program, product liability is
not a concern for the organization.
B.
B AgrAbility staff are automatically shielded from liability by their affiliated universities’
insurance policies.
C.
C These types of liability may be incurred only in cases of intentional misconduct.
D.
D Professional and product liability can overlap, e.g. when technology recommendations
are made.
E.
E AgrAbility staff are liable only for actions performed on a farm or work site.
Question 12 of 12
Which of the following is true regarding professional and product liability?
A.
A Since AgrAbility is largely an education and referral program, product liability is
not a concern for the organization.
B.
B AgrAbility staff are automatically shielded from liability by their affiliated universities’
insurance policies.
C.
C These types of liability may be incurred only in cases of intentional misconduct.
D.
D Professional and product liability can overlap, e.g. when technology recommendations
are made.
E.
E AgrAbility staff are liable only for actions performed on a farm or work site.
Unfortunately, this answer
couldn’t be wronger. Click on
the Real logo to either a) watch
the entire presentation
(recommended), or b) see a clip
that will point you in the right
direction. Or, simply go back
and try again.
The whole thing
(1:11:32.8)
Try again!
Malpractice as model
(3:48.5)
Question 12 of 12
Which of the following is true regarding professional and product liability?
A.
A Since AgrAbility is largely an education and referral program, product liability is
not a concern for the organization.
B.
B AgrAbility staff are automatically shielded from liability by their affiliated universities’
insurance policies.
C.
C These types of liability may be incurred only in cases of intentional misconduct.
D.
D Professional and product liability can overlap, e.g. when technology recommendations
are made.
E.
E AgrAbility staff are liable only for actions performed on a farm or work site.
Unfortunately, this answer is
incorrect. Click on the Real
logo to either a) watch the
entire presentation
(recommended), or b) see a clip
that will point you in the right
direction. Or, simply go back
and try again.
The whole thing
(1:11:32.8)
Try again!
Malpractice as model
(3:48.5)
Question 12 of 12
Which of the following is true regarding professional and product liability?
A.
A Since AgrAbility is largely an education and referral program, product liability is
not a concern for the organization.
B.
B AgrAbility staff are automatically shielded from liability by their affiliated universities’
insurance policies.
C.
C These types of liability may be incurred only in cases of intentional misconduct.
D.
D Professional and product liability can overlap, e.g. when technology recommendations
are made.
E.
E AgrAbility staff are liable only for actions performed on a farm or work site.
Unfortunately, this answer
couldn’t be wronger. Click on
the Real logo to either a) watch
the entire presentation
(recommended), or b) see a clip
that will point you in the right
direction. Or, simply go back
and try again.
The whole thing
(1:11:32.8)
Try again!
Malpractice as model
(3:48.5)
Question 12 of 12
Which of the following is true regarding professional and product liability?
A.
A Since AgrAbility is largely an education and referral program, product liability is
not a concern for the organization.
B.
B AgrAbility staff are automatically shielded from liability by their affiliated universities’
insurance policies.
C.
C These types of liability may be incurred only in cases of intentional misconduct.
D.
D Professional and product liability can overlap, e.g. when technology recommendations
are made.
E.
E AgrAbility staff are liable only for actions performed on a farm or work site.
Correct!
You have completed
the quiz.
Return to the liability home
page.
Question 12 of 12
Which of the following is true regarding professional and product liability?
A.
A Since AgrAbility is largely an education and referral program, product liability is
not a concern for the organization.
B.
B AgrAbility staff are automatically shielded from liability by their affiliated universities’
insurance policies.
C.
C These types of liability may be incurred only in cases of intentional misconduct.
D.
D Professional and product liability can overlap, e.g. when technology recommendations
are made.
E.
E AgrAbility staff are liable only for actions performed on a farm or work site.
Unfortunately, this answer is
incorrect. Click on the Real
logo to either a) watch the
entire presentation
(recommended), or b) see a clip
that will point you in the right
direction. Or, simply go back
and try again.
The whole thing
(1:11:32.8)
Try again!
Malpractice as model
(3:48.5)
Question 12 of 12