Orignially posted – Oct 23, 2013
Slips, trips and falls can cost you much more than money. They can rob you of public trust and damage your brand.
And, according the National Safety Council, more than 9 million disabling slips and falls occur each year, costing an average of more than $20,000 per incident.
Not surprisingly, the No. 1 liability claim in the self-service laundry industry is indeed the slip, trip or fall. Is your laundry business at risk? Ask yourself these questions:
• Do you make sure attendants clean up spills immediately?
• Does your laundry have adequate lighting – both inside and outside in the parking lot?
• Do you post appropriate safety precautions where employees and customers can readily see them?
• Do you make sure that paths are clear through your facility?
• Do attendants offer to help customers who have mobility challenges?
• Are there appropriate railings for stairs, as well as signage indicating changes in floor level?
“The most common causes of slips and falls in laundromats are water or debris, such as fabric softener sheets, on the floor,” said Ruby Burch, executive coordinator at CLA Insurance. “It can be water on the floor from leaking machines, or from customers bringing clothing from the washer to the dryer. Or maybe a customer will spill detergent on the floor.”
The following are some steps you can take to help avoid these types of incidents.
Avoiding Slips, Trips and Falls
The first step in creating a slip-free environment is to consider implementing a mat system, suggested Dave Mesko, senior director of marketing for Cintas Facility Services.
“The National Floor Safety Institute estimates that more than 80 percent of slip-and-fall accidents take place on wet surfaces, so it is important to capture moisture throughout your store with mats,” he said. “The essential first line of defense is to have maximum coverage at the entrance, as the majority of dirt and moisture enters through the door.
“Most of the dirt found within a building is tracked in on people’s shoes, and most of the dirt would not enter the building if entry mats were properly placed and maintained. All retailers can complement their entrance mats by placing rubber mats, also known as scraper mats, outside to serve as an additional barrier as well.”
Here are some additional areas of which all laundry owners should be mindful:
Floors
1. All floors should be designed or covered with slip-resistant material.
2. Floors should not be waxed, polished or treated in any way that compromises their slip resistance.
3. Floors should be maintained in a clean and dry condition. In the area where washers and dryers are located, proper drainage should be installed and well maintained.
4. Aisles and passageways should be appropriately marked, and not be used for storage of supplies, which creates a tripping hazard.
5. Floors should be kept clear and clean – free of holes, as well as loose or broken tiles. Some stores have carpet, and this should be checked for lifting or frayed seams and holes.
6. Any section of a floor or passageway in need of repair should be blocked off until repairs can be made.
7. Leaking machines should be placed out of order until repairs can be made.
8. When cleaning the laundry during business hours, or mopping up from a spill, you should always put out warning cones until the floor is completely dry and clean.
According to the Consumer Product Safety Commission, floors and flooring materials contribute directly to more than 2 million fall injuries each year.
“Non-slip flooring is the best option,” Burch advised. “The majority of the stores we insure have tile. All floors should be kept clean and free of debris, and cracked or chipped tiles should be replaced immediately.”
Certainly, many factors go into the selection of flooring material, including cost, aesthetics and maintenance needs. With these factors in mind, you should take the time to thoroughly evaluate the advantages and disadvantages of each type of flooring material.
Your store’s flooring must be smooth without being slippery.
“It should not contain ridges or irregularities of one-quarter- to one-half-inch or greater – an elevation sufficient to cause tripping,” according to a report by the Chubb Group of Insurance Companies.
Another important factor to consider is the material’s coefficient of friction or slip-resistant rating. This rating indicates whether the material provides traction characteristics that help prevent slipping.
“Although no formal standard for an acceptable rating exists, studies support a rating of 0.50 as a minimum standard, and many courts have allowed this value to be the recognized safety threshold,” the Chubb Group report stated.
According to the National Institute for Occupational Safety and Health, laundry owners would be wise to select flooring material “according to the work being done in the area.” The NIOSH recommends flooring with a static coefficient of friction of more than 0.50 for high-risk areas, such as self-service laundries.
Stairs and Ramps
1. You should have handrails securely in place and at the proper height. If a ramp either inside or outside is more than six feet in length, you should have handrails.
2. Stairs and ramps should be kept clean and unobstructed. Outdoor stairs and ramps should be designed so that liquid cannot significantly accumulate on them.
3. Proper accommodations should be made for snow removal.
Sidewalks and Parking Lots
1. Sidewalks and parking lots should be designed so that adequate drainage prevents accumulation of rainwater and other liquids. Such drainage should not obstruct the sidewalks or parking lots.
2. Sidewalks should remain clear and unobstructed at all times.
3. Sidewalks and parking lots should remain free of holes, drop-offs, cracks, and other depressions and openings. If any of these conditions occur, repairs should be made immediately. If you do not own the building where your laundry is located, you still have a responsibility to your customers to keep these areas free of hazards. You should notify your landlord of the potential hazard, and request that he or she make the appropriate repairs. It is best to follow up the request with a certified letter so that you have some proof that the request was made.
4. When sidewalks and parking lots change levels, such as with the use of a ramp, lighting and high-contrast signage and coloring should be used to denote the change in level. The ramp can be painted or outlined with yellow to bring attention to the level change.
5. Snow removal from sidewalks and parking lots should be performed frequently, for as long as the snow falls, and once after the snowfall stops.
“It’s all about maintenance, maintenance, maintenance,” Burch said. “That’s a huge factor in avoiding so many of these common coin laundry claims.”
Reporting Liability Claims
Despite your best efforts, these types of accidents can – and do – occur. What’s more, it has never been easier for someone to take you to court. And the time, money and effort you spend defending yourself can be outrageous.
The hard fact is that 60 percent of lawsuits from inadequate security result in settlements and verdicts ranging from $100,000 to $1 million. More and more, businesses need to protect themselves against lawsuits brought by customers, as well as employees.
The following procedures are recommended for documentation of an incident/claim. Store owners, managers or attendants should use the following guidelines when an accident occurs. It also works as a great training tool for new employees.
1. A statement should be taken from the accident victim and other witnesses, as soon after the accident as possible. When interviewing the victim and witnesses, stick to the facts:
a. Who was injured?
b. When did it happen?
c. Why do they think it happened?
d. Where did it happen?
e. How did it happen?
f. What were the unsafe conditions involved? (i.e., slippery floor surfaces; cluttered floor; footwear; poor illumination; or packages carried; actions by the victim or others before the accident; physical health; walking aids or eyeglasses)
2. Physical evidence. Take photos of the accident scene, equipment involved or other conditions that may have contributed to the accident. It is also a good idea to take note of the weather conditions (raining, snowing, etc.), as these could be helpful when determining liability.
3. Offer assistance. You should record actions taken to assist the victim with the injury. Include first aid provided, whether a doctor’s or hospital visit was recommended, and transportation provided. Identify emergency service that provided treatment or transport.
What To Do:
• Call the insurance company when injuries are apparent or there is any doubt that an accident should be reported.
• Demonstrate concern for the victim’s welfare. Follow up with the victim to verify facts; follow progress of treatment for injuries.
• Document everything that happens and take notes. Important facts are quickly forgotten and confused. Keep documentation in a safe place. Sometimes claims remain quiet until the statute of limitations has almost run out. The hope is that you will have thrown away the information about the incident.
• Keep all repair bills and receipts for your laundry equipment, as well as maintenance records, etc., which would be valuable in the defense of a fraudulent claim against you.
What Not To Do:
• Do not mention insurance. If the question arises as to payment of bills, advise the victim that a report will be submitted and someone will call to discuss it further.
• Do not make an admission of fault or mention prior accidents from the same alleged cause.
• Do not hold accident reports awaiting information. They can be supplemented later. (You should call your insurance coordinator/agent and send him or her all of the information you obtain.)
• Do not argue with the victim. Stick to the facts and take the statement of the victim as it is given.
“Obviously, insurance is there to pay the claims, when they are legitimate, and to defend owners when those claims are questionable,” Burch said. “Therefore, the sooner the insurance company gets the accurate facts, with documentation, the sooner it can work on a settlement. If the claims are questionable, the insurance company will start an investigation into medical histories and so on.”
Regarding liability claims, the statutes of limitations vary from state to state. The most common timeframe is three years. However, in some states, it’s only two years, while in others it can be as long as 10 years. So, be sure to know the time limit in your state.
Keep an Eye on Your Business
One of the best ways to document a slip and fall incident is through the use of security cameras. The “eye in the sky” has long been a staple of security in banks, casinos, jewelry stores and other enterprises that deal in large amounts of cash. But, with the technology of security camera systems advancing (and the price for such technology falling), remote video surveillance has become more widely employed by many types of small businesses, including self-service laundries.
“More and more insurance carriers will give some credit for video surveillance, and everybody is trending toward that,” Burch noted. “The advantage of having security cameras is, if someone comes up and says they slipped and fell, you can review it. If it’s after the fact, you can go back and look at it. So, it’s important to keep your recordings for a period of time, or to review them regularly – because that can be used as evidence in your defense.”
Today, there is a dizzying array of surveillance choices. Here is a look at some of your options, according to Security for Small Business:
• Standard security cameras. They should be mounted to cover entries and exits to your business, as well as high-traffic areas.
• Specialized cameras. It’s now easier than ever to obtain and install infrared, low-light and night vision cameras as part of your overall security camera system. Consider this option if you have a darkened parking lot.
• Digital recorders. Keeping a record of what has happened no longer involves clunky VHS tapes, but crystal clear digital recorders. You can choose from one-channel, man-portable units for covert surveillance, to a facility-wide distributed enterprise system. The evidence stored on digital media can be indispensable in proving whether a slip and fall claim is real or fraudulent.
• Monitors. The days of tiny little black & white CCTVs (closed circuit televisions) are in the past. Now you have a plethora of sizes, resolutions and formats to choose from, including LCD flat panels and touch-screen capable monitors.
• Remote viewing. Remote video surveillance now allows you to obtain security feeds no matter where you are. You can view over an internet connection at home or even have a video feed sent to your smartphone.
Don’t forget to check with your insurance agent for possible reductions and discounts that may be available to you for having installed a comprehensive security camera system.
Fighting False Claims
Unfortunately, even the most modern, well-equipped laundry can fall victim to a fraudulent liability claim.
To fight against false claims, you need to have the facts. Even the best lawyers in the world cannot create those facts. They can only come from you or your attendants. Many owners tend to overlook the very facts that can win their cases. This occurs when a claim is reported, and the owner feels that he or she did nothing wrong.
The best way for you to defend your business is to show how well you run your store. You need to keep up-to-date records of your solid management practices, including:
• Repair orders, which show that you keep your store well maintained.
• Purchase receipts for equipment, which show the purchase date and from whom you bought the machines to prove the equipment is of good quality.
• A list of rules you have for maintaining a clean and safe store.
• Any past incident reports.
• A list of the make, model and age of each piece of equipment in the store.
• Complete records of payment for any updates and/or remodeling work, as well as recent photos.
“Anybody can sue anybody for anything; however, the more you have to present in your defense, the better off you’ll be,” Burch explained.
“Above all, it is the owner’s duty to run a clean and safe laundromat for his or her customers, and to use any preventive measures to make that happen,” she added. “Keep the equipment serviced and the floors clean and free of water and debris, and have security cameras wherever possible. It’s really as simple as that.”
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