Preventing Workplace Fatalities
In Utah, slip and fall cases are the easiest to anticipate and prevent. Don’t allow poor planning to leave your business vulnerable to litigation that can easily spiral out of control.
What Do You Need to Do?
Your liability will generally arise out of some sort of “negligent” failure to take appropriate precautions. For a plaintiff to succeed against you they must prove that (1) a duty of reasonable care was owed (2) that was breached (3) and that caused (4) harm. The extent of those factors is determined by what an “ordinarily prudent person under similar circumstances” would do. Meaning, “what would the average Joe do in the same situation?” Be mindful if your business is dangerous because any increase in the potential for injury increases your duty to prevent it.
How Do You Do It?
So, what does all this legalese mean for you? Essentially, the law requires you to secure your premises for the average customer. The key is to be proactive and anticipate how an average person may react to any dangers. Consider the unique qualities of your business. Is there a loose floorboard? Does your business require you to mop the floor often? Do you operate heavy machinery? Does your business attract children? Do you use dangerous chemicals? How exposed are your customers to these dangers?
Some standard practices for all businesses are to post signage and clear warnings for any dangers that you cannot fix. Usually this includes: warning signs for wet floors, dangerous equipment, toxic chemicals and keep out signs for employee-only areas.
It is critical that you study your business from the perspective of someone who is unfamiliar with your industry operations. It may seem like common sense to you, but it might not be for most customers.
How to React: Get an Attorney
If one of your customers does become injured, seek legal counsel immediately. Within a single meeting any decent attorney is capable of assessing the scope of your liability. Armed with that advice you will be able to determine how to approach any “slip and fall” scenario. This is how the attorneys at Symkoviak Law may help you. Don’t hesitate to call for a free consultation. Being proactive and getting solid legal advice is the best way to avoid a lawsuit.