Home » Accidents » Slip and Fall Accident »

Take action to avoid snow jobs

Feb 5, 2010 | Associated Press | Durham Region News

Like it or not, we live in the north. Winter is coming and so is the snow, sleet and ice. We walk in this environment for up to six months of the year. It seems unfair that someone can sue you, if they slip and fall on your property. We have grown up trudging through the snow since we were children and it is expected the sidewalks and parking lots will be slippery. Unfortunately, the courts don't quite see it that way.

Society requires that we maintain our properties at all times so they are safe for pedestrians; whether an invited guest or trespasser. There have been cases where someone has climbed a snow pile to go to another business, slipped, fallen and sued the owner of the "snow pile."

That being said there are ways to mitigate the chance of a lawsuit. Ideally we would recommend you contract out the snow removal on your premises. By "out-sourcing" the snow removal, you have hired a professional who is aware of the exposures at hand and knows how to deal with them. This will help reduce the risk of loss.

The contractor should have procedures on how soon they will clear the snow after a snowfall, salt the area and maintain accurate records that could be valuable in a courtroom situation. Ensure they provide a certificate of insurance, including your name as additional insured, to protect your interests if they are named in a lawsuit.
 

Slip and fall incident report forms should be made available to all staff.

If an incident occurs complete details including; witness names, weather conditions at the time, etc., will prove invaluable if a lawsuit arises. W.B. White Insurance can provide these free reports to you, along with many other excellent articles on loss prevention.

Slip and falls can occur in other areas as well. Entranceways, aisles, washrooms, parking lots, patios, stairs, ramps or exits should all be inspected to ensure they are safe.
 

Hazardous conditions contributing to slip and falls include; slippery surfaces such as tile and wood floors, wrinkled or ripped carpeting, area rugs, uneven surfaces such as bumpy pavement, cracks, gaps and potholes, debris or storage boxes in aisles or other walking routes, produce scraps on floors, inadequate lighting and missing or loose handrails on staircases.

A claim, whether valid or not, is time-consuming, a strain on you and your staff and can affect your reputation in the community. Insurance should not be the only step you take to protect your assets. Implement a risk management program and encourage all of your employees to buy into it.

As is often said, "the best defence is a good offence."

Your best protection against being sued is your commitment to inspect, repair and document the state of your premises on a regular basis.