June 1, 2022
In business, owners and managers are often preoccupied with numerous responsibilities, from financial management to customer satisfaction. Yet, amidst these priorities, one crucial aspect that cannot be overlooked is premises liability.
Premises liability refers to the legal responsibility of property owners to ensure the safety of individuals who enter their premises. Failure to uphold this duty can lead to costly lawsuits, tarnished reputations, and financial setbacks. In this comprehensive guide, we will explore strategies to protect your business from premises liability claims.
Premises liability encompasses a broad spectrum of scenarios where individuals suffer injuries or damages while on someone else's property. This could range from slips and falls on wet floors to accidents caused by inadequate security measures.
The legal premise behind these claims is the property owner's duty of care. This duty requires them to maintain a reasonably safe environment for those who enter their premises. Slips and falls are the most common type of injuries in premises liability.
According to Freeman Law Firm, slips and falls can happen instantly, but their impact can last long. The victims may face injuries leading to pain, discomfort, medical expenses, and lost wages. Therefore, they can sue a business for rightful compensation by filing a personal injury case under premises liability.
Such slip and fall accidents in your business property can impact your brand and its image. If the case negatively impacts your brand, it won't take long before you start losing revenue because of it. Hence, protecting your business from such premises liability cases is vital.
The cornerstone of premises liability prevention is proactive maintenance and inspection. Regular inspections allow businesses to identify potential hazards and address them promptly. Swift action can mitigate risks and prevent accidents, whether a loose handrail, a cracked sidewalk, or malfunctioning equipment.
Business owners should establish structured inspection schedules covering all areas of their premises, including indoor and outdoor spaces. This includes parking lots, walkways, restrooms, and common areas. Moreover, documentation of inspections and maintenance activities is essential for liability protection. It serves as evidence of diligence and compliance in the event of a claim.
A comprehensive safety protocol is indispensable for minimising premises liability risks. This entails creating and enforcing clear guidelines for both employees and patrons. Training programs should be conducted regularly to educate staff on safety procedures, emergency response protocols, and risk mitigation strategies.
Several small and large firms employ employee training for safety. One of the recent examples of this is the Dubai Electricity and Water Authority (DEWA). According to a ZAWYA article, DEWA organised 166 employee occupational health and safety sessions.
Not training the employees to take safety measures can also result in liability cases. Consider the recent example of Whataburger Restaurants LLC v. Rosa Elia Fuentes. According to HRD America, Rosa filed a case against Whataburger Restaurants LLC when a driver rear-ended her vehicle twice.
The employee of Whataburger Restaurants LLC sitting at the drive-thru window came at fault here. After the crash, Rosa asked a Whataburger employee to call security or the police to make a report.
The employee at the drive-thru window notified the other driver at fault about Rosa's request. Thus, the other driver drove to the front of the restaurant for a confrontation and a physical altercation with Rosa. Rosa filed a lawsuit against Whataburger, alleging that the employee created a known dangerous situation. She also alleged that the company failed to keep the restaurant safe for the customers.
Moreover, businesses must use adequate signage to warn individuals of hazards such as wet floors, uneven surfaces, or restricted areas. Properly marked exits and emergency evacuation routes are critical components of a comprehensive safety plan, ensuring swift and orderly evacuation.
Timely resolution of property hazards is imperative to prevent accidents and mitigate liability exposure. Upon identifying a potential risk, businesses should take immediate corrective action to address the issue. This may involve repairing damaged infrastructure, replacing faulty equipment, or implementing temporary safety measures until a permanent solution can be implemented.
Furthermore, businesses must establish effective communication channels to report hazards and concerns promptly. Employees should feel empowered to raise safety issues without fear of reprisal, fostering a culture of accountability and proactive risk management.
While proactive risk management can reduce the likelihood of premises liability claims, businesses must also safeguard their financial interests through adequate insurance. Commercial general liability (CGL) insurance protects businesses against claims from bodily injury, property damage, or personal injury on their premises.
This can be extremely helpful when a victim files a lawsuit against your company for injury or property damage on your premises. These cases are considered under personal injury lawsuits. According to a Forbes article, the median compensation in premises liability cases was $90,000 and could have increased now.
In addition to CGL insurance, businesses may need to consider specialised coverage options tailored to their industry and specific risk factors. This could include product liability insurance, professional liability insurance, or cyber liability insurance.
Before selecting an insurance policy, businesses should conduct a comprehensive risk assessment to identify potential liabilities and coverage gaps. Consulting with insurance professionals or risk management experts can provide valuable insights into your business's most suitable coverage options.
In today's dynamic business environment, security concerns are paramount for ensuring the safety and well-being of employees and customers. Inadequate security measures compromise personal safety and increase the risk of premises liability claims from criminal activities.
Implementing robust security measures like surveillance cameras, access control, and alarm systems can deter criminal behaviour. This can help enhance the overall safety of your premises. Regular security audits should be conducted to evaluate existing vulnerabilities and identify areas for improvement.
Moreover, businesses should prioritise the safety of employees working during late hours or in high-risk environments. Providing adequate lighting, escort services, and emergency response training can help mitigate security risks and reassure employees of their safety.
Being proactive in mitigating premises liability is vital. Insurance companies might pay the compensation if you have general liability insurance. However, these cases can still tarnish your brand's image. According to the Bureau of Justice Statistics, premises liability cases can last for around two years. This is long enough to impact your brand's reputation.
In the unfortunate event of an accident or injury on your premises, thorough documentation is crucial to protect your business interests. Accuracy in detail will help you defend against potential liability claims. Promptly report all incidents to the appropriate authorities and compile detailed records documenting the event's circumstances.
Incident reports should include essential details such as the incident's date, time, location, etc. It should also include the names and contact information of individuals involved or witnesses and a description of the injuries sustained. Photographs, surveillance footage, and other relevant evidence should be preserved to substantiate the claims investigation process.
Creating a safety culture is the linchpin of effective premises liability prevention. Businesses must foster an environment where safety is prioritised at all levels of the organisation, from leadership to frontline employees. This entails promoting awareness, accountability, and proactive risk management practices throughout the workplace.
Encouraging open communication and soliciting employee feedback can help identify potential hazards and address safety concerns before they escalate into serious incidents. Recognising and rewarding individuals who demonstrate a commitment to safety reinforces positive behaviour and instils a collective responsibility.
To sum up, protecting your business from premises liability claims requires a multifaceted approach encompassing risk management, safety protocols, and diligent documentation. Companies can mitigate liability risks by prioritising safety, investing in preventative measures, and fostering a culture of accountability. This can help them safeguard their long-term viability.
In an increasingly litigious society, proactive risk management is not just a legal obligation but a fundamental aspect of responsible business ownership. By implementing the strategies outlined in this guide, businesses can minimise the likelihood of premises liability claims.
