Businesses must acknowledge the risk of liability arising from safety hazards. Accidents are not limited to the streets; they can occur in any business environment.
In Illinois, Sonja Harris filed a lawsuit against Memorial Hospital, seeking damages exceeding $50,000 along with costs. Alleging negligence on the hospital's part for failing to clear melted snow or issue warnings at the entrance, she stated that she slipped in 2007, resulting in physical injuries and lost income due to disability.
In 2010, Nell Sparks from Orange, Texas filed a lawsuit against Macy’s at Parkdale Mall. The claim stated that the store neglected to clean a slippery substance on the floor, leading to a slip that resulted in physical injury and mental distress. Similarly, earlier this year, Deana Hamilton slipped in a Wal-Mart store in Texas after stepping into a liquid spill from a counter.
Tort liability statistics are challenging to obtain as the U.S. tort system is decentralized, making comprehensive data collection difficult. About 95 percent of tort lawsuits are filed in state courts rather than federal courts, as estimated by the Congressional Budget Office (CBO). Typically, plaintiffs and defendants in most cases settle out of court, with the terms usually remaining confidential. According to a report by G. Thomas Woodward from the U.S. Congressional Office in 2003, data from the Bureau of Justice Statistics reveal that in 1996, plaintiffs succeeded in 48 percent of cases that went to verdict in state courts. The average duration from filing to resolution was 22 months. The majority of cases involved automobile-related torts (49 percent), followed by premises liability (22 percent) and medical malpractice (12 percent). The median award for successful plaintiffs was $31,000 across all cases, varying significantly between different tort categories, ranging from $18,000 in automobile-related cases to $286,000 in medical malpractice cases and $309,000 in asbestos cases.
As per the National Safety Council, falls stand as the second-leading cause of unintentional deaths in households and communities, causing over 25,000 fatalities in 2009. The likelihood of falling and related issues increases with age, posing a significant concern in residential areas and neighborhoods. Conversely, the National Floor Safety Institute approximates that averagely defending against a slip-and-fall lawsuit costs $50,000, with an average trial judgment settlement totaling $100,000.
Your company may have met Slip, Trip, and Fall Standards, Codes & Regulations, but this doesn’t guarantee that accidents won't happen. Various factors like dim lighting, torn carpet, or wet floors can contribute to slip, trip, and fall incidents. Employers are required to train their staff on safety protocols within the premises. The National Floor Safety Institute offers Walkway Auditor Training courses to educate attendees on conducting walkway safety inspections according to OSHA’s proposed new rule for “Walking and Working Surfaces”. Training aims to protect both employees and the public as accidents can occur unexpectedly. Grocery stores, for example, promptly clean up spills and use "wet floor" signs to prevent slips and falls, showing concern for the safety of customers and colleagues beyond just avoiding legal issues.
t's a common occurrence for an item, typically produce, to fall from a shelf when a shopper is making a selection. However, not all shoppers take the initiative to pick up the fallen item and return it to its place. In the meantime, another shopper may accidentally step on it, slip, fall, and get injured – leading the company into a multi-million dollar lawsuit without warning. Regular supervision by managers and employees to monitor the sales floor for product recovery and spills is essential for proper operational management.
Not all accidents are triggered by dropped items; shopping carts can also pose risks, as demonstrated by a tragic incident involving a 60-year-old Chinese woman. She was unexpectedly hit by a runaway shopping cart carrying more than 300 lbs. of items, leading to her unfortunate demise at a Shanghai store. This incident was captured on a widely circulated video from the store's surveillance camera.
70-year-old Betty E. Wheat sued Wal-Mart for negligence, claiming she was hit by an employee operating a shopping cart moving machine too quickly. According to reports, the impact caused her to fall at the entrance of the Lewisville, Texas store branch, resulting in a nine-day hospital stay. Wal-Mart has refuted all allegations.
Emphasizing safety on the premises cannot completely prevent accidents but can reduce the likelihood of one occurring. If an accident does happen, promptly assist the customer and check for any injuries. If the customer is uninjured but shaken, offer them a seat, apologize, and ensure they are okay before leaving the store. You can accompany them to their car or offer to call a family member for assistance. If the situation is serious, call for an ambulance. In case the customer is hospitalized, stay in touch and visit them in the hospital to monitor their condition.
Avoid blaming the customer or pointing out what they should have done; focus on meeting their needs and showing genuine care. To maintain goodwill, consider offering a gift card or covering a meal, not as a bribe but as a gesture of kindness towards an injured customer. When treated well and taken care of, injured customers are less likely to take legal action and may be willing to sign a waiver of responsibility.
Implementing Safety Measures and Preventing Losses:
Employ basic safety and loss prevention strategies to ensure customer well-being.
Regardless of the severity of the incident, always submit an incident report and inform the supervisor.
Include all pertinent details in the incident report such as who, what, where, when, how, and why.
Use cellphone cameras to capture multiple angles of the incident scene, including the victim's shoes.
Print and label these photos, then attach them to the incident report.
In case of a spill, management should secure a sample, cordon off the area, and assign someone to clean it.
Create a hard copy of the surveillance video as evidence of the cleaning process and the incident itself.
To handle spills efficiently, it's advisable to have multiple staff members present, allowing one to clean while the other warns others about the spill.
Incident reports should always be retained for record-keeping purposes; they serve as evidence (alongside surveillance videos) in case a customer decides to file a lawsuit. These reports will be required by the company's insurance provider once a claim is made against them. Employers must also investigate the incident if it indicates employee negligence or failure to fulfill their duties, and they should take necessary steps. When consulting with a lawyer, ensure you have police or accident reports, medical documents and bills, and any notes or correspondence with relevant individuals.
An inquiry can be advantageous in various scenarios where the company may not be at fault, like instances where customers intentionally create spills, slips, and falls as part of a scheme to profit from the injury. For example, in the past, a couple visited a well-known grocery store, intentionally spilled cooking oil on the floor, staged a fall, and then lodged a complaint with the management, threatening legal action. However, their deceit was exposed by security camera footage.
A security camera reveals the truth in situations like these. If a company is at fault, the cameras will provide undeniable evidence, and concealing it could lead to further consequences. In a slip-and-fall case against Kroger, a customer in Georgia was awarded $2.3 million in damages. Craig Walters, a 49-year-old, suffered a spinal cord injury after slipping on a crushed fruit at the store, rendering him unable to work due to the severity of the injury. It was found that Kroger Co. had destroyed crucial video evidence related to the incident.
Not every slip and fall case automatically leads to liability. It all comes down to providing proof. The right to file a lawsuit differs from the right to claim damages. In the legal case involving Joan Officer's premises liability suit against an office, her claim failed as evidence revealed that slip mats were indeed in place, contrary to her assertion otherwise. Additionally, she couldn't even recall the exact location of her fall (Officer v. 450 Park LLC). In a different instance, plaintiff Ilona Brenowitz's case was dismissed by the Court due to the determination that the defendant company wasn't responsible for the wet condition that led to her fall. It was found that the wet area was outside the defendant's premises, despite her fall occurring on their property (Brenowitz v. Commerce Bank Corporation). Conversely, in the lawsuit of Mary Anne Nolan v. Union College Trust of Schenectady, New York, the company was held liable because they were aware of an open manhole and could have prevented their student from falling into it.
In addition to having a Safety Officer and a Safety Manual, considering the role of a Loss Prevention Officer to analyze and implement loss prevention strategies can be beneficial. If a slip and fall incident results in minor damage, it may be resolved outside of court; however, for more severe injuries, the injured party might opt to file a claim in Small Claims Court.
Small Claims Court jurisdictional amounts differ, ranging from $2,500 to $15,000 based on state laws, excluding additional fees like court filing fees, attorney's fees, and expert witness fees. It's not uncommon for the National Floor Safety Institute to state that the cost of litigating a slip and fall case can exceed $50,000.
While some companies have in-house legal departments to manage legal matters, those without such resources may find it prudent to have a contact for a lawyer specializing in premises liability. It's worth noting that liability laws can vary significantly from one state to another.
In summary, it is crucial for a business owner to prioritize the safety of the public, employees, and themselves. While accidents are inevitable, some can be prevented with proper precautions. Whether you're a customer, a store worker, or a company leader, stay vigilant and report any potential hazards to prevent accidents. By doing so, you might unknowingly prevent harm to someone else. Business owners are susceptible to premises liability, so training staff and considering programs like the Walkaway Auditor Training or courses from the National Safety Council can be beneficial.
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