Did you know the largest single claim type, in terms of frequency and overall claim cost to Society Insurance insureds, is the slip/trip and fall claim? So, how do you tackle such a giant loss leader? Let’s break this down.
Leading Causes of Slips/Trips and Falls in Businesses
Business owners may think that falls at their establishments are mainly a result of snow and ice and there is little you can do about it. However, years of data on slips/trips and falls demonstrates that a good portion of falls occur in the interiors of businesses. The cause of these falls do not vary much. Most falls are a result of two general causes: temporary conditions and defects.
- Defects are things that are related to the structure or its equipment which pose a hazard such as a missing tile, leaking pipe, an out-of-code threshold or a defective stair case.
- A temporary condition is typically a result of the business owner’s operations. This condition can be caused by the business owner and/or their employees or by a customer. Examples of these are mopping by an employee or a customer dropping product on the floor.
Now that we have broken down the leading causes of falls, let’s take a look at how these are viewed by the law of liability.
Reasonable Steps to Address Hazards
Most states use the reasonable business owner standard to determine duty to act on reported hazards, inspect or repair. In other words, a business owner has a duty to take reasonable steps to protect its customers from known hazards and to inspect their property to find hazards. The timeliness of cleaning or repairing known hazards is up to a jury to decide as well as the frequency of the inspections. Now that we understand the standard, let’s move on to mitigation. What type of simple program can a business implement to reduce the frequency of losses and the potential of legal liability placed on them if an incident should occur?
Creating a Slips/Trips & Fall Program for Your Business
Implement this five-step program to help reduce the number of falls and establish defenses if a claim is presented.
- Surveillance system. Please retain all surveillance video involving an incident. Surveillance systems record and preserve the facts of the incident. It is a very powerful piece of evidence for the jury, if a trial is needed.
- A well-established program for regular inspection and clean up. This must be accepted and bought into by all employees. A program like this is the best loss prevention method since hazards are discovered and removed immediately. If a loss does occur, a good program can demonstrate to a jury that the “reasonable” standard is met.
- Clean up supplies and caution cones available throughout the business for employees and customers to use when a hazard is discovered. This procedure alerts everyone to a potential hazard. It demonstrate the “reasonable” standard is met, gets customers involved in warning of hazards and provides easy access equipment which both warns and prevents problems.
- A rug program with a well-established rug vendor to assure proper type and locations of rugs. Proper rugs at entrances reduce outdoor moisture from feet. Properly weighted rugs reduce “curling” to remove trip hazards.
- A program for reporting and documenting all incidents. This includes an incident report with witness names and contact information, and photographs of the scene. Memorializing the facts with photos and an incident report after a loss aids in the same way as surveillance does. Collection of witness names and the injured party’s version of events is vital. Statements taken right after the incident are as close to the truth you will get.
By implementing all or some of the above five procedures and getting your employees to “buy in,” you can tackle the largest liability exposure your business faces. Also, please do not think you have to set the process and procedures on your own. Society Insurance is here to help you get it going. Simply contact your agent to get in touch with us to begin the conversation.
