Running a business comes with various legal risks and liabilities. One of the most common risks is the possibility of a personal injury lawsuit from a customer, client or employee who gets injured on your business premises or through your products/services; plaintiffs are successful in 39% of business premises liability claims. Personal injury lawsuits can be very costly in terms of legal fees, settlements and damage awards if the business is found liable. Here are some tips to safeguard your business against personal injury lawsuits:
Maintain Safe Premises
One of the best ways to avoid premises liability lawsuits is to ensure your business facilities are properly maintained and free of slip, trip and fall hazards. Bureau of Labor stats show that 865 workers died in slip, trip, and fall accidents in 2022, a 1.8% increase on the previous year.
Regularly inspect the flooring, stairs, handrails, lighting, entryways, parking lots and sidewalks. Promptly repair any damaged or uneven walking surfaces, install proper lighting in darkened areas, put up visible signage for wet floors and remove debris and clutter from hallways and aisles.
Provide Proper Training and Safety Equipment
US workplaces recorded 5,486 fatal work injuries in 2022. Ensure your employees are properly trained on all job tasks, safety protocols and proper use of equipment. Provide the necessary protective gear like helmets, gloves, goggles, back braces, slip-resistant shoes, etc. Conduct regular safety audits and refresher training sessions. Enforce strict safety rules and discipline for violations. Proper training and safety equipment will protect your employees and demonstrate your commitment to workplace safety.
Adhere to Industry Regulations
Comply with all occupational, safety and health regulations that apply to your specific industry. Follow manufacturing guidelines, product testing and quality control protocols. Adhering to regulations and protocol can help defeat claims of negligence.
Use Liability Waivers and Post Signage
Have customers sign a liability release waiver before participating in any high-risk activities like recreational sports, amusement park rides, water sports, etc. Post visible signs about inherent risks and safety precautions. Waivers demonstrate the customer was informed of and assumed certain risks. Signage warns visitors of potential dangers. Both can help defeat injury lawsuits.
Inspect and Test Products Thoroughly
In 2019, there were 56,041 product liability claims filed in the US. If your business manufactures or sells any type of product, thoroughly test and inspect them for potential defects or hazards. Implement quality control procedures and protocols. Issue recalls if necessary. Carefully follow all product specifications, safety testing and hazard warnings required in your industry. Keep detailed records of all inspections and product testing.
Document All Safety Efforts
Keep a paper trail documenting all your safety management activities like inspections, repairs, training, signage, equipment protocols, hazard corrections, etc. Thorough documentation demonstrates your commitment to providing a safe environment and defending against negligence claims.
Consult a Personal Injury Attorney
Derick Runion, an experienced Phoenix personal injury lawyer, recommends that business owners invest in proper legal guidance as a vital part of risk management. They can help you understand potential hazards on your premises that could lead to lawsuits, such as slippery floors, poor lighting, broken stairs, or inadequate security measures. A personal injury lawyer is also well-versed in local and state laws, ensuring your business complies with all safety regulations to minimize the risk of legal claims.
In addition to preventative measures, an attorney can assist in creating clear policies for addressing accidents, documenting incidents, and communicating with injured parties, which can mitigate liability. If a premises liability claim arises, an experienced attorney can defend your interests by investigating the circumstances, gathering evidence, and representing you in negotiations or court proceedings. This proactive approach not only protects your business but also fosters a safer environment for employees, customers, and visitors.
With some foresight, proactive safety management and comprehensive insurance, you can effectively shield your business assets and prevent financial ruin from any accident lawsuits. Staying vigilant and seeking expert legal advice when necessary are the keys to safeguarding your business.
