“Slips, Trips and Falls: Mitigating Premises Liability Claims”

Swift Currie attorney Lauren Meadows authored an article for Independent Agent discussing how companies can proactively avoid a premises liability case from ever occurring by educating themselves about the proper safety procedures they should be taking.

Meadows shared an anecdote from a visit to a local breakfast restaurant in which the floor had been flooded with water and a wet floor sign had been placed in the middle of the flood that extended well beyond the area covered by the sign. She explained that the sign buys time for the restaurant to fix the issue, but the time is not unlimited, and customers will often deny ever seeing the sign unless video footage can prove otherwise.

The main issue Meadows described in the case comes from the fact that the customer can argue that they saw the sign, but they had no knowledge that the water would extend out five feet beyond the sign.

“Likewise, the longer the hazard exists on the floor, the more likely it is that the judge will punt the case to the jury to resolve the issue of whether the restaurant’s maintenance and inspection procedures were reasonable,” said Meadows. “If four employees have the time to discuss their weekend plans behind the counter, the judge—and the jury—will likely find they had time to address the spill, thus making any failure to do so unreasonable.”

Meadows identified four proactive safety features that companies should follow including walking the floor regularly to identify potential hazards, report and mark identified hazards, promptly address any hazards and document the safety measures taken.

To view the full article, you may click here.