Unseen Dangers: Identifying Common Slip and Fall Hazards on Commercial Properties

Each year, thousands of individuals sustain injuries from slip and fall accidents on commercial properties. These incidents not only cause physical harm but also lead to significant financial burdens. According to the National Floor Safety Institute (NFSI), over 1 million people visit emergency rooms annually due to slip and fall accidents. Understanding the common hazards that contribute to these incidents is the first step in preventing them and ensuring safer environments for customers and employees alike.

Understanding Premises Liability

Commercial property owners have a legal duty to maintain a safe environment for visitors. This responsibility falls under premises liability laws, which hold owners accountable for injuries that occur due to negligence. In California, for example, property owners must regularly inspect their premises to identify and address potential hazards. Failure to take reasonable steps to correct unsafe conditions can result in liability if someone is injured.

To establish a valid slip and fall claim, the injured party must demonstrate that negligence played a role in the accident. This typically involves proving the following elements:

Duty of Care: The property owner owed a duty to maintain a safe environment.
Breach of Duty: The owner or manager failed to address or warn about the hazardous condition.
Causation: The hazardous condition directly caused the accident and subsequent injuries.
Damages: The victim suffered measurable losses, such as medical expenses, lost wages, or pain and suffering.

Common Slip and Fall Hazards

Slip and fall accidents can stem from a variety of factors. Some of the most frequent causes include:

Wet or Slippery Floors: Spills, leaks, and recently mopped floors without proper signage are frequent culprits in slip and fall incidents. Businesses are required to maintain safe walking conditions and must clearly mark wet areas or other dangerous conditions to warn visitors. Water tracked in during rain or snow can also create slippery conditions.
Uneven Surfaces: Poorly maintained surfaces, such as cracked pavement, loose tiles, or torn carpeting, can easily lead to a fall. Commercial properties must ensure that flooring is regularly inspected and repaired to prevent accidents. Damaged flooring, such as cracked tiles, loose carpeting, or uneven concrete, poses a serious tripping hazard. Property owners should regularly inspect their spaces for uneven surfaces that could lead to serious injury and costly medical expenses.
Poor Lighting: Insufficient lighting in hallways, staircases, or parking lots can make it difficult for individuals to see potential hazards, increasing the risk of a slip and fall. Potential hazards, such as broken pavement and debris, are harder to see in the dark. Inadequate lighting can also be a security issue, leading to other liability claims.
Cluttered Walkways: Boxes, debris, and other objects blocking paths in retail or office spaces can create hazardous conditions. Cluttered walkways are especially dangerous in high-traffic areas where visitors may not have enough time to react and avoid obstacles. Stores stack sale items in walkways during busy shopping seasons. Boxes, cleaning equipment, and trash left in walkways create tripping risks that change location throughout the day.
Lack of Handrails: Missing or broken handrails along staircases pose a significant risk, especially for individuals with mobility challenges. Handrails are crucial for maintaining balance when going from one platform to another. Handrails are required on both sides of ramps and stairs at commercial properties to comply with ADA guidelines.
Icy or Snowy Entrances: In colder climates, business owners are responsible for keeping entrances and sidewalks clear of snow and ice. Failing to address these conditions can lead to serious accidents, particularly in winter months. Snow and ice in parking lots and on sidewalks contribute greatly to the risk of slips and falls inside retail stores and restaurants as well as on the building’s exterior. Removing snow and ice reduces the risks of slips and falls during winter months.

Preventing Slip and Fall Accidents

Preventing slip and fall accidents requires a proactive approach from property owners and managers. Here are some key strategies to implement:

Regular Maintenance: Proper property maintenance is a critical factor in slip and fall prevention. Regularly inspect your property for hazards such as uneven surfaces, loose tiles, worn-out carpets, and damaged handrails. Address these issues promptly to eliminate potential risks.
Prompt Spill Cleanup: Water on floors can be brutal. Whether the water is tracked in during rain showers, the result of melting ice and snow, or the result of spills that happen on the premises, addressing the problem promptly can avoid unnecessary accidents and injuries. Taking care of spills quickly means people are less likely to slip or fall as a result of the liquid on the floor. The same should be said for addressing potential hazards in common walkways. Prompt removal is essential for reducing the risks of injuries.
Adequate Lighting: Insufficient lighting can make it difficult for people to see potential hazards on your property. Ensure that all areas are well-lit to improve visibility and reduce the risk of accidents.
Warning Signs: Clearly mark hazardous areas with warning signs and cones. No matter how diligent you are in efforts to keep water off the floors during inclement weather, it’s nearly impossible to keep up – especially in heavily trafficked areas. In addition to your efforts to keep the water mopped properly, make sure to place wet floor signs signaling customers to be cautious when approaching.
Anti-Slip Flooring: Consider installing anti-slip flooring materials in high-risk areas like entrances, restrooms, and kitchens. These materials provide additional traction, reducing the chances of accidents.
Floor Mats: Great places to add floor mats include the area near entrances, areas leading into or out of restaurant kitchens, and on hard surfaces near bathrooms that might become slippery during busy times when your staff is unable to check them as frequently as you would like. Floor mats will help to soak up water tracked into your business from the outside that causes slippery floors.
Employee Training: For commercial properties, train staff to recognize and report potential hazards quickly. Train staff to clean spills fast and keep aisles clutter-free.
Snow and Ice Removal Policy: Snow and ice in parking lots and on sidewalks contribute greatly to the risk of slips and falls inside retail stores and restaurants as well as on the building’s exterior. Removing snow and ice reduces the risks of slips and falls during winter months.
Bathroom Checks: While people are in and out of restaurant kitchens, a common gathering place for water, grease, and other liquids; your staff may have a tough time making time to check the bathrooms during a busy shift. Make it a priority as the restrooms tend to attract water and spills that can cause uncomfortable slips, falls, and injuries.

What to Do After a Slip and Fall Accident

If you experience a slip and fall accident on a commercial property, it’s essential to take the following steps:

Seek Medical Attention: Your health and safety are the top priority. Even if your injuries seem minor at first, it is important to see a doctor for a full evaluation. Some injuries, such as head trauma, may not be immediately apparent.
Report the Incident: Notify the property owner, manager, or another person in charge immediately after the accident. Make sure to obtain a copy of the incident report.
Document the Scene: Take photographs and videos of the area where the fall occurred. Capture images of any hazards that contributed to the accident, such as wet floors, uneven surfaces, or poor lighting. Document your injuries as well. Visual evidence can help establish the conditions that led to the fall and strengthen your claim.
Gather Witness Information: If anyone saw the accident happen, collect their contact information. Witnesses can provide independent accounts of the incident, which may help support your version of events.
Consult a Lawyer: Speak with a personal injury attorney as soon as possible to understand your legal options. An experienced attorney can evaluate your case, gather necessary evidence, and negotiate with insurance companies on your behalf.

Legal Defenses and Comparative Negligence

Property owners may attempt to defend against slip and fall claims by arguing that the hazard was open and obvious or that the injured party was partially responsible. In many jurisdictions, the concept of comparative negligence applies, meaning that if the victim is found partially at fault, their compensation may be reduced by their percentage of fault. For example, if a person was distracted by their phone at the time of the fall, the court might assign a portion of the blame to them. This does not prevent recovery but can impact the final settlement amount.

Compensation for Victims

Victims of slip and fall accidents may be entitled to various forms of compensation, including:

Medical Expenses: Coverage for hospital bills, surgeries, rehabilitation, and ongoing treatment.
Lost Income: Reimbursement for wages lost during recovery and potential loss of earning capacity.
Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
Property Damage: Repair or replacement of personal items damaged during the fall.

Conclusion

Unseen dangers on commercial properties can lead to serious slip and fall accidents. By understanding the common hazards and implementing preventative measures, property owners can create safer environments for visitors and employees. If you or a loved one has been injured in a slip and fall accident, it is crucial to seek medical attention and consult with a personal injury attorney to protect your rights and pursue the compensation you deserve.