Liability Concerns for AT Recycling Programs

Jessica M. Brodey

Tuesday, March 27, 2007

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Liability Issue Categories

• Products

• Volunteers

• Consumers

* Liability levels affected by whether you directly rehabilitate/recycle the equipment and resell/distribute, engage in a “consumer matching” or pass through redistribution, or simply create a marketplace for the exchange of goods.

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Products

• Sanitization

  • Particularly for DME, but important for all equipment

• Safety/Condition of the Equipment

• Training/Use/Misuse of the Equipment

• Privacy

• Copyright Laws/Licensing

• Durable Medical Equipment

  • Health Compliance Issues for Sale/Resale/Distribution

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Volunteers

• Volunteer Safety

• Shielding Volunteers from actions within their job description

• Volunteer Negligence

• Shielding organization from actions outside of Volunteer’s scope

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Consumers

• Consumer Privacy

• Consumer Fraud

• Safe and recommended buying or acquisition practices

• Illegal activities

• State warranties and contract laws

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Please Share Information

• Are there other issues that you think are critical that you would like us to address or you think we are overlooking?

• Please help us by sharing what your recycling program is currently doing!

• Who provides legal/advice consultation?

• We would love to see copies of your current liability procedures and plans.

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Contact Information

• Questions?

• Jessica Brodey

• (301) 770-1127

• jbrodey@jmbpolicy.com