Premises Liability Incidents - Precautionary Measures for Insureds

From a General Liability standpoint, premises liability incidents are probably the trigger for most claims and suits against a business.  A premises owner can eliminate these claims from taking place or reduce the value of a claim if precautionary measures are taken.  Regardless of the business you are in, the following steps may reduce your exposure to the allegation of negligence on the part of your employees and company.

 

§ Have written procedures in place that address your inspection of the premises on a regular schedule.  In addition, have procedures that address the clean-up actions your employees are to implement when a hazard is identified.

§ If there is an accident, take pictures of the scene and the item or object that was alleged to have caused the fall.  Pictures of a clean floor with no defects or foreign objects can be extremely valuable in determining liability or the lack of liability on your part.

§ If an accident takes place, make sure that a though incident report is completed and sent to your insurance company in a timely fashion.  Capture sufficient information so that a claims professional can have a basic understanding of the facts before they start their investigation. 

§ If the weather is bad and you expect foot traffic in your store, consider assigning one employee monitor the entry of your premises to keep it as clean and safe as possible.

§ Make sure you have “Wet Floor” signs available throughout your premises where a spill may occur or where the floor may be slippery during bad weather (rain or snow).

 

By considering some of these precautionary measures and having a written program for your employees to follow, you may reduce the number of incidents that occur.  In addition, if a fall takes place, you will have a better opportunity to successfully defend any action against your company for negligence.

 

About the Author:This blog post is authored by guest author Dan Cieslak, a Claims Services Consultant for Westfield Insurance. Dan is based out of our Lake Mary FL service office but his territory is basically the footprint of Westfield. He oversees some of the largest accounts Westfield has. Dan has 35 years of claim experience primarily in the Mid Market and Special Risk arena. His professional designations include a Senior Claims Law Associate from the American Educational Institute.