Facility operators are exposed to a variety of risks. Over the next year, HKMB HUB International will be emailing you periodic risk management bulletins that will provide reminders and updates on issues and exposures within your industry.

SLIP and FALLS

Slip and Falls can occur at any time of the year and can be caused by any variety of variables – an unattended spill, for instance, or a small leak in the roof that leaves a wet spot on the floor. For reasons obvious to anyone who has experienced a Canadian winter, the opportunity for Slip and Falls increases substantially at this time of year. Guarding against them is worth your time and effort.

While Canadians are not as litigious as our U.S. neighbours, our legal system does allow those who feel that they have suffered an injury due to the inappropriate actions of another to sue. Slip and Fall allegations are costly whether you choose to settle with the claimant or defend against their claim. In addition to the dollar cost, you should also consider the time and anguish spent in defense of an allegation.

WHAT YOU NEED TO KNOW…

Occupiers Liability Act

Occupier - Definition: a person who has responsibility for and control over the conditions of the premises or the activities there carried on, or control over persons allowed to enter the premises.

The Occupiers Liability Act sets out to building owners/managers their obligations with respect to providing a safe environment for those people entering their facility. The Act specifically defines the Occupiers Duty as follows:

An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.

It should be noted that The Occupiers Liability Act is not restricted to just the property owner. Management Firms hired to run a facility and contractors providing maintenance, snow removal, etc., are also measured against the Act and may be named as co-defendants if it is deemed that their actions – or lack thereof – contributed to an injury.

When An Incident Occurs…

When an incident occurs at your facility you may be faced with a claim immediately. However, it is also possible that a demand notice, the first step in a lawsuit, could arrive months later since all liability claims in Canada are subject to a 2 year reporting period. In other words, an injured party has 2 years from the date the injury was sustained to launch a suit.

Always Maintain Complete Records

If you receive a demand notice, your insurer will ask you to provide as much information as possible on the incident. This information will be used to defend you against allegations made in the suit. Because unrecorded details become vague with time, it is extremely important that you DOCUMENT, DOCUMENT, DOCUMENT all the details of the incident when it occurs. This allows the insurer to build an effective defense even two years after the date of loss.

If you are going to have any chance of successfully defending against the allegations made, it is imperative that you have good records. Your records should document not only the injury information but also the circumstances surrounding the incident, such as response/reaction time of staff, administration of first-aid, witnesses, conditions contributing to the incident, etc.

Here is some of the key information that should be noted following an incident:

Injured Party:

Name, address, phone numbers, email address
How they fell
Was there anything that they were doing that could have contributed to the fall?
Were they running, walking?
What type of footwear were they wearing?
Did they have anything in their hands?
Did weather conditions contribute to the injury?
How did they react? What did they say? (eg., “It was my fault. I wasn’t looking where I was going. I’m fine.”)

Third Party Witnesses

Name, address, phone numbers, email address
What exactly did they see?How close where they to the incident?Confirmation of weather conditions, if the injured party was running or walking, carrying anything, etc. Could the injured party have done something to avoid incident? (eg., taken another route)
Their opinion on the response time of staff

Your Personnel

Documented proof that staff:

provided sensitive/competent care to the injured party
stabilized the scene
adhered to internal corporate procedures following the incident

Obtain weather conditions (if applicable to the incident) from local weather office

QUESTIONS

Should you have any questions on any of the information provided in this bulletin please do not hesitate to contact Alan Hollingsworth at alan.hollingsworth@hkmb.com or 1-800-232-2024.