Introduction: Travel risk management and foreseeable risk
When it comes to foreseeable risks, predictability, and travel risk management, here’s what every travel manager, HR manager, and manager needs to know. In this article we will cover foreseeable risk, predictability, hazard identification, and travel risk assessments to mitigate or eliminate travel risk and meet company social goals and legal obligations. By reading this article, you will be able to confirm the true meaning of foreseeable risk in relation to travel risk management and determine if you and your company really have a demonstrable travel risk management system that meets your social and legal objectives of duty. of care.
The first point is to clarify how the legal definition of foreseeable risk is.
Definition of foreseeable risk and predictability
Foreseeable risk is defined as a hazard, risk, or threat that a reasonable person should anticipate as a result of their actions. Foreseeable risk is a common affirmative defense brought as a response by defendants in negligence lawsuits. A skateboarder hits a bump in the road, falls and breaks his wrist. This is a foreseeable risk of skateboarding. A woman is seriously injured while flying on an airplane when the plane suddenly goes down due to turbulence and hits her head on the overhead baggage compartment. While there is a potential risk, she was entitled to anticipate that the aircraft was properly maintained, that the pilot was aware of upcoming weather conditions, and did not assume the risk that her seat belt would fail. “Use at your own risk” signs do not prevent lawsuits for risks that are not foreseeable.
Foreseeability is the ease of perceiving, knowing in advance, or reasonably anticipating that loss or damage is likely to result from acts or omissions.
In negligence law, the foreseeability aspect of the proximate cause, the event that is the primary cause of the injury, is established by proof that the plaintiff, as a person of ordinary intelligence and circumspection, should have reasonably foreseen that his negligent act would endanger others, either because of the event that occurred or some similar event, and regardless of what the plaintiff assumed would happen with respect to the actual event or manner of causing the injuries.
Identification of Hazards, Threats and Hazards
Travel risk management and foreseeable risk
A company official must demonstrate the process and implementation, by which any ordinary intelligence person can identify, document, and mitigate or eliminate hazards, threats, and hazards in advance that would normally endanger a business traveler. Policies and notices that warn business travelers of risk do not preclude legal recourse, even if the events were not foreseeable.
Advance planning supported by the capture of past incidents and analytics aid in this process. Generic, global, or regional identifications are inadequate with specific locations, actions, competencies, and supporting elements required to reasonably anticipate any harm or harm that may result from acts or omissions. This process must be continuous and timely. The obligations are not limited to what the actor assumed would happen in relation to the actual event or the manner of causing the injuries.
Travel risk assessments
Analysis and assessment of business travel-related threats must be evidence-based and cannot be fully outsourced to vendors or third parties, as the business understanding and obligation rests with those within the company charged with authority and Business duty of care liability. Travellers.
The collection, processing, analysis, and distribution of travel risk management elements such as traveler, location, past event, current circumstances, special events, anticipated changes, and business activity should be included in the process.
Consistency and clarity of travel risk assessments is required if the process is to be replicable, transferable, and applicable to any and all business travel.
Travel threats, peril, and perils related to business travelers should be distinct from and focus exclusively on business travelers and the act of business travel, and should not be combined with broader business risk assessments.
Exactly similar acts related to business travel and travel threats must be assessed for relevance and impact. Leisure travel threats may also need to be considered if they are located near business travel locations and business travelers. Regardless of what the company official assumed would happen or what event occurred, along with similar events, proof of the process and results is required.
Conclusion: Travel Risk Management and Foreseeable Risk
Now that you understand the importance of foreseeable risk as defined by legal opinions, you’ll likely see its approach and effectiveness in a whole new light. Foreseeable risk and predictability apply to risk management of business travel and its business travelers. To effectively test or demonstrate the foreseeable risk actions of travel risk management, you need consistent, auditable and effective evidence if you want to mitigate or eliminate the risks associated with business travel, provide confidence to business travelers that you are complying proactively with your duty of care and uphold or confirm your compliance with various laws and laws. Objectively review your current readiness and specific processes for travel risk management and use this tip to benchmark and rectify any gaps in your processes immediately.