Virtually none of the bounty hunters' cases have gone to trial, and few defendants have yet paid any Proposition 65 penalties to bounty hunters. Nonetheless, the cost of resolving a claim by a bounty hunter has often been high. Most of those payments have been made to bounty hunters' attorneys. For some defendants the costs of defending and settling Proposition 65 suits have reached six figures. Rather, businesses in California can and should take a proactive approach to managing their risks under Proposition 65.
Business can take three types of steps to reduce their risks.
First, they can take steps to minimize their risk of being sued. Second, they can take steps to minimize their risk of loss if they are sued. Third, they can take steps to allocate their litigation costs and risks between potentially responsible parties. This article discusses those three approaches to managing the risk. Minimizing the Risk of Suit.