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By Rich Powers
“Slip and fall” is a generic phrase that refers to
an incident in which someone slips, trips and/or falls on an area that is
unexpectedly slippery, wet or uneven.
Slip-and-fall incidents cause 15 percent of all accidental deaths, second
only to motor vehicle accidents. Recent trend analysis of data from large
venues in the U.S. has shown that slip-and-fall incidents account for more
than two-thirds of all incidents and two-thirds of all claims dollars paid
in any given year.
Stadiums, arenas and convention centers are particularly susceptible to slip
and fall incidents for two reasons: they’re large and have thousands of
square feet of walking surfaces; and at any given time there are thousands
of guests and employees walking throughout these large venues, creating more
opportunities for people to slip and fall.
When developing a safety program to combat slip-and-fall incidents and
claims, managers of large venues should focus on three areas: inspecting and
maintaining the facility; guarding against foreseeable occurrences; and
investigating slip-and-fall incidents.
Safety Inspections
Safety inspections are a critical part of a facility’s overall safety
program. No facility, no matter how new or state-of-the art, is without
imperfections. Constant use, weather and time all play a role in the gradual
deterioration of a facility. Some facilities also may have design or
construction defects that may be hazardous. The bottom line is that if
there’s a condition within the facility that’s hazardous and someone gets
injured, your business can be held liable. Your approach in performing
facility inspections should be systematic in nature, and inspections should
be well-documented.
 “Pre-event
inspections are especially important because they represent the last chance
to make sure the facility is free from obvious hazards before the public is
allowed to enter.”
Every area within the facility should be inspected on a regular and
consistent basis. Pre-event inspections are especially important because
they represent the last chance to make sure the facility is free from
obvious hazards before the public is allowed to enter. Event staff employees
can be of tremendous help in performing pre-event safety inspections.
For example, ushers can easily be trained to inspect the stairs, walkways,
seats and railings prior to the patrons entering the facility. Other
inspection programs such as random or spot inspections, preventative
maintenance inspections, and regular or planned inspections should also be a
part of a facility’s overall safety program.
Documentation of all inspections and the corrective actions taken is
critical because it provides proof that areas were looked at, and unsafe
conditions, if any, were addressed. It also demonstrates that stadium
operators are safety-conscious and exercise reasonable care to ensure that
the facility is properly maintained. In some areas of the country, court
rulings have shifted the burden of proof away from the plaintiff to the
defendant. Consequently, if someone falls at your facility, it may be up to
you to prove that you exercised reasonable care to keep the stadium clean
and safe. The best way to do that is by documenting all inspections and
repairs.
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Financial Impact
Slip-and-fall incidents,
whether they result in a workers’ compensation claim or a general
liability claim, can have a negative impact on an organization’s bottom
line. According to the National Floor Safety Institute (NFSI),
slip-and-fall accidents cost property owners across the country more
than $20 billion each year. The NFSI also estimates that the average
slip-and-fall claim nationwide costs $3,900 to settle; the average cost
to litigate a lawsuit has reached $100,000. |
Spill Response
A good slip-and-fall prevention program must take into account human errors
and guard against foreseeable occurrences. Although you can’t take
responsibility for patrons spilling their drinks or dropping trash
throughout the facility, your safety program should be constructed to
respond when it happens.
A spill response program should be in place to ensure that all spills are
properly addressed within an appropriate time frame. The following are key
elements to a spill response program:
• All employees are trained to identify potential slip-and fall exposures.
• All employees are trained to properly respond and summon assistance.
• Response and clean-up time are documented (usually through the Event
Command Center).
• Restrooms are regularly inspected (some facilities staff cleaning
attendants inside restrooms).
• Cleaning staff is trained on proper cleaning procedures (using a clean mop
and clean water, placing caution signage near area of spill, and properly
drying the area).
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TAKE
HOME POINTS
• Slip-and-fall incidents,
whether they result in a workers’ compensation claim or a general
liability claim, can have a negative impact on an organization’s bottom
line.
• Slip and fall incidents cause 15 percent of all accidental deaths,
second only to motor vehicle accidents.
• Documentation of all inspections and corrective actions taken is
critical because it provides proof that areas were looked at, and unsafe
conditions, if any, were addressed. |
Incident Investigation
Incident investigations are an important risk management tool for a
facility’s safety program for several reasons. They provide information that
allows your insurance company to set the appropriate claims reserve and know
when to defend or settle a claim. Through incident investigations, trends
also can be identified, and important lessons can be learned so that future
incidents can be prevented. The following are items to consider when
developing your incident investigation program:
• Select the proper employee to perform incident investigations.
• Train employees on the proper methods for writing an incident report.
• Train employees on how to document witness statements; stay away from
subjective or emotional wording.
• Separate medical forms from incident forms. Medical forms are much easier
for plaintiff or plaintiff’s attorney to obtain; incident forms are
considered internal work product and are difficult to obtain, short of
litigation.
• Consider taking 35mm or digital pictures.
• Review surveillance camera system to see if incident has been recorded.
• Consider performing follow-up courtesy calls to injured parties.
It’s important that whoever is conducting the incident investigation ask the
patron what specifically caused the fall. The incident investigator should
then look at the area, (photograph it if possible), verify the existence or
lack of hazard and document the findings.
Having a well-thought-out risk management approach that addresses
prevention, response, documentation and incident investigation is a sound
investment to protect your business, enhance insurability and lower loss
costs.
Rich Powers is vice
president, risk services for American Specialty Insurance & Risk Services
Inc. in Roanoke, Ind. |
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