Banner image courtesy of Jason Dent
Every property owner and occupier has a legal responsibility to keep their premises fully safe for all visitors, and it is commonly known as ‘duty of care’.
For private home owners or occupiers, it is a common courtesy to make sure no one is hurt while visiting your home, but no one wants to do that. Still, the repercussions could ultimately break the bank if someone chose to sue over an injury they got at your house.
There are occasions where an insurance company requires its client to sue someone to get any compensation for the injury they sustained on their property, and this can break up families and destroy friendships, even when it wasn’t coming from a wretched place; it can just be a wretched rule.
Knowing the high-risk areas or most common injury risks on a premises will give you important insight into what the ‘duty of care’ principle really means and how visitors’ presence on said property could increase risks of injury.
Retail & Grocery
Supermarkets, department stores, and retail spaces in general are some of the most common places for public slip-and-fall accidents.
The sheer volume of foot traffic, busy shelf stockers changing out inventory, high polished floors, and other design factors for aesthetics offer up a high-risk design. Spilled products, broken glass, and high shelves with heavy goods could be potential hazards that are endless.
‘Invitees’ (customers and clients) have an unwritten, written, or implied invitation to enter a premises.
The law expects the management team to enforce protocols to prevent injury to anyone on site. While safety is the top priority here, it’s liability that’s motivating people to uphold/follow the law.
Patients represent a vulnerable population of often elderly, medicated, disoriented, and with mobility issues that make them all the more susceptible to falls, fractures, spinal injuries, and head trauma.
Hospitals and nursing homes are mandated to have fall prevention programs and to take measures to ensure the risks are lowered for residents.
Organizational failures can lead to serious legal issues, so these are ultra-important to get right:
- Non-slip flooring.
- Adequate handrails and grab bars.
- Maintaining clear pathways that allow everyone to move safely and freely, even when in wheelchairs or toting their IV stand with them.
- Constant supervision for at-risk patients.
- Adequate caution signage.
These measures are of the utmost importance, and if not followed, this puts the facility in breach of the law and open to legal proceedings if there is an injury on their premises.
Industrial & Construction Sites
Industrial workspaces and construction sites are deemed incredibly hazardous environments.
Aside from trips and falls, there’s debris and materials falling from a height, increased risk of a fall from a height, strikes by random objects, forklifts, cranes, and big machinery.
These sites can be extremely risky and, in some cases, catastrophic and very serious injuries like spinal cord damage, head trauma, fractured bones, and fatalities.
At A Friend’s House
All too often, when you visit a friend’s, you need to be aware of hazards that may exist there—lifted carpets, broken floor tiles, toys lying around, wet pool decks, icy driveways, and lifting concrete on walkways and drives.
If you’re injured, the homeowner can be liable to you.
A homeowner is not obliged to put hazard signs up for common sense hazards that are visible, open, and obvious. They’re more obliged to let you know if there’s a known hidden danger that a guest wouldn’t necessarily know except by accident (e.g., things like a broken step, a loose floor board, or a recently mopped floor on a slippery tile).
In complex cases where standards and laws can vary greatly (each U.S. state might have its owbn laws in regards those ‘hidden dangers’), it’s best to seek professional advice. Experienced slip and fall injury lawyers handling premises liability cases are your best bet in assessing whether you’ve got yourself a case on your hands or not. Plus, they’ll be best equipped to successfully get your compensated, if that’s even a possibility.
But not every accident is a lawsuit in sisguise.
Keep in mind that there needs to be a clear demonstration that the property owner knew or should’ve known about the hazardous condition and failed to address it according to the specific legal standards of that state.
Conclusion
Safety protocols are in place for good reason and must be adhered to at all times.
There should never be a circumstance where a slippery floor is not cautioned, open wires should be disconnected, and any high-risk situation should be communicated to anyone entering the premises.
At the end of the day, always have the health and safety of your friends, workers, staff, and customers at the forefront, so that everyone can move safely and no one is making trips to the ER or traumatized for life through negligence.
Accidents do happen, but prepare for the dangers you know and be prepared for the unexpected.