presented evidence of professional communications by the business manager.
The manager had dealt with a dissatisfied
customer with calm, direct communication. They practiced healthy boundaries
and did not escalate, even when the customer did. They attempted reasonable
conflict resolution strategies, including
concluding business interactions. They
employed safety standards to seek removal of a risk and a call to law enforcement when escalation occurred.
The business had several angles from
their surveillance cameras to assist in
corroborating the events. They appeared
to have a good rapport with the local authorities. This proved helpful when we
requested the investigative materials.
We recognized that the results of the
police investigation of the incident would
be helpful and made a request for all investigative materials related to the matter,
not just the police report. We successfully received the body camera footage
from the responding officers.
Police officers do an excellent job of
transferring the events of an incident
to paper. As we know in investigating
claims, sometimes things are lost, or lost
in translation between memory and paper. In this case, with the receipt of the
actual body camera footage, we could observe the demeanor of all parties interacting with the police.
This footage can be crucial when a jury
or other decision maker is evaluating the
credibility of one participant or witness
over another. Along with demeanor, the
body camera footage provided an accurate account of statements made in the
presence of the recording officer.
Weigh Credibility. The credibility of
a witness or participant in the incident
can be called into question or ultimately
result in an unfavorable decision. Many
people already have a negative opinion
of the marijuana industry. Given this
perception, it is imperative that retailers
of this nature conduct business with the
utmost professionalism. For a business
that may start out with a perceived uphill
journey to establish credibility, the inter-
actions as well as the surveillance footage
and statements from the retailer painted a
picture of a competent professional.
Know your jurisdiction. Decision makers must understand how the relevant jurisdiction weighs reputation and credibility,
and comply with all legal standards. Testing
actions and conduct to a reasonable man
standard is important. The question must
be, what is the wording of the law?
We are responsible to follow the dictates of the law. Businesses, including
insurance professionals, must also stay
knowledgeable of critical incident preparedness and risk management best
practices to ensure those employed, as
well as our own strategies in conflict resolution are consistent with those local
boards, courts and even local divisions of
insurance would find reasonable.
Understand moral and ethical responsibilities. In states where marijuana
has been legalized, the liability questions