Each company has different requirements when it comes

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Unformatted text preview: sure they are doing their part to ensure their activities, or the lack of them, will not negatively affect another company, which is referred to as downstream liability. N OTE NOTE Responsibility generally refers to the obligations and expected actions and behaviors of a particular party. An obligation may have a defined set of specific actions that are required, or a more general and open approach, which enables the party to decide how it will fulfill the particular obligation. Accountability refers to the ability to hold a party responsible for certain actions or inaction. Each company has different requirements when it comes to their list of due care responsibilities. If these steps are not taken, the company may be charged with negligence if damage arises out of its failure to follow these steps. To prove negligence in court, the plaintiff must establish that the defendant had a legally recognized obligation, or duty, to protect the plaintiff from unreasonable risks and that the defendant’s failure to protect the plaintiff from an unreasonable risk (breach of duty) was the proximate cause of the plaintiff’s damages. Penalties for negligence can be either civil or criminal, ranging from actions resulting in compensation for the plaintiff to jail time for violation of the law. The following are some sample scenarios in which a company could be held liable for negligence in its actions and responsibilities. Personal Information A company that holds medical information, Medical Information, Inc., does not have strict procedures on how patient information is disseminated or shared. A person pretends to be a physician, calls into Medical Information, Inc., and requests medical information on the patient Don Hammy. The receptionist does not question the caller and explains that Don Hammy has a brain tumor. A week later, Don Hammy does not receive the job he interviewed for and finds out that the employer called Medical Information, Inc., for his medical information....
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This note was uploaded on 06/01/2013 for the course NET 125 taught by Professor Hurst during the Fall '12 term at Wake Tech.

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