future claims geared toward improper flooring .
Also , when considering the installation of new flooring , take the opportunity at the initial design and material selection stage to ensure that appropriate design and materials are used , with safety top-of-mind . With respect to existing floors , if your internal floor slip resistance testing demonstrates a below standard coefficient of friction , steps will need to be taken to replace or apply various treatments to bring the flooring up to standard . Implementing a sciencebased , measurable , benchmarked , and audited program can go a long way in limiting liability and capturing value for your organization .
What to do if a slip and fall accident occurs
Unfortunately , even when all of the necessary safety precautions are in place , slip and fall accidents can still happen . Hotel or restaurant owners and operators need to understand it starts at the top . Safety is a culture and that means from the CEO on down . It is every single employees ’ duty to improve safety . Training staff is critically important in building a culture of safety . Part of this training includes ( periodically conducting drills on these slip and fall protocols ) to make sure everyone is prepared and trained for what to do in the event an incident occurs , as the likely first responders to slip and fall incidents :
• Offer assistance – immediately call for medical attention , police , and other first-responders , as appropriate .
• Gather documentation – prepare a comprehensive incident report , including witness statements and contact information , and a statement from the injured party .
• Secure video surveillance footage and / or take photographs of the scene and the claimant ( if they allow you ).
• Report the incident to risk management , legal and the insurance carrier .
• Follow-up with claimant within 24 hours . Let them know of your concern , and find out if they sought medical attention . Also have a corporate representative contact them within a few days , and maintain records of all contact ( and outcomes ). If the area of the fall is defective , make sure building operations and risk management are aware of the hazard so that it can be repaired as soon as possible .
• Preserve evidence , i . e . a mat , floor tile , etc . DO NOT conceal evidence . It can result in additional damages from a separate cause of action for spoliation of evidence .
• Monitor for and keep record of social media postings by the claimant / plaintiff .
Slip and falls may still happen , so what ’ s next ?
Even with the best of intentions , and with industry leading policies and procedures , proper vigilance and proactive maintenance and repair , slip and fall accidents will still occur . For luxury property owners and operators , it is crucial to develop world class legal protocols designed to limit liability and manage slip and falls when they do happen .
All strategies begin with an initial assessment or audit . Where are we experiencing incidents ? How often are they occurring ? What can we learn about each incident ? After collecting this data the next step is to establish benchmarks . Benchmarks should be established by specific measurement where practical . Gathering data from insurance carriers or brokers and other similar players within the industry are helpful in evaluating how your business compares to others in the same industry . Then implementing a program of constant monitoring followed up by auditing those results will create a culture of safety that will produce measurable cost savings . This culture of safety may involve creating custom models designed to address specific concerns or more broad applications to address systemic problems .
In the final analysis , creating a culture of safety will produce a significant reduction in litigation costs . Luxury surfaces can and should be beautiful and as safe as possible .
About Eckert Seamans Eckert Seamans Cherin & Mellott LLC has nearly 375 attorneys located in 14 offices throughout the United States , including Pittsburgh , Harrisburg , and Philadelphia , Pennsylvania ; Boston , Massachusetts ; Washington , D . C .; Richmond , Virginia ; Wilmington , Delaware ; Newark and Princeton , New Jersey ; White Plains , New York ; Providence , Rhode Island ; Troy , Michigan ; Charleston , West Virginia ; and Hartford , Connecticut . The firm provides a broad range of legal services in the areas of litigation , including mass tort and products liability litigation , corporate and business law , intellectual property law , labor and employment relations , aviation law , bankruptcy and creditors ’ rights , employee benefits , environmental law , construction law , public finance , real estate , tax and estate law , and trucking and transportation law . Eckert Seamans ’ practice reflects virtually every industry and segment of the country ’ s business . Clients include Fortune 500 companies , financial institutions , newspapers and other media , hotels , health care organizations , airlines , and railroads . The firm also represents numerous federal , state , and local governmental and educational entities . In order to provide access to legal resources that enhance our ability to serve clients ’ needs around the world , Eckert Seamans is a member firm of SCG Legal , a global network of over 145 independent law firms located in 82 countries . For more information about the firm , please visit www . eckertseamans . com
About the author David Willis , a trial attorney with more than 25 years of litigation experience , focuses his national practice in the defense of corporations in the areas of complex tort , commercial , and employment law . He represents both public and private corporations in the areas of hospitality , specifically the food and beverage industry , franchise , health care , transportation , and environmental law . David has extensive multi-jurisdictional trial experience and has tried to verdict over 50 cases in state and federal courts .
58 ILHA