The Most Common Hazard
Falls from slips and trips are amongFalls from slips and trips are among the most common hazards in Las Vegas Casinos According to the National Safety Council, over 275,000 injuries and nearly 800 deaths among U.S. general industries were caused by slips, trips, and falls in 2008. In fact, slips, trips and falls represent the most common causes of workplace injury after motor vehicle accidents. Slips trips and falls can result in head injuries, back injuries, broken bones, cuts and lacerations, or sprained muscles. In the years 2007-2008, the compensation cost for a slip/trip/fall was $21,500. This exceeds the average cost of other injuries by 14%!
The following are some simple ways to reduce the probability of a slip and/or fall on wet or slippery floors:
?Install slip-resistant floor surface or use anti-skid adhesive tape in high traffic areas.
?Use absorbent matting in entrance ways during inclement weather or in areas where walkers may pass through puddles.
Statistics of the Food Service Industry Slip and Fall AccidentsMore than 3 million food service industry employees and over 1 million guests are injured in slip and fall accidents each year.
- Study released by CNA Insurance in June 2007
The restaurant industry spends more than $2 billion on slip and fall injuries each year and those injuries are increasing at a rate of 10% each year.
- The National Floor Safety Institute (NFSI)
There are 13 million injuries annually due to slip and fall accidents, including 16,000 deaths. The average settlement for a slip and fall claim is $3,900 and litigation can cost up to $100,000.
- The National Safety Council, reported in 2001
Slip and fall accidents accounted for 57% of food service general liability insurance claims.
- CNA Insurance
Of foodservice premises verdicts, 41 percent were between $10,000 to $99,999, and 47% were between $100,000 to $5 million. The mean verdict was $85,840 and the average was $397,000.
- Personal Injury in the Hospitality Industry,
Accident reportingIn the same way, floor cleaning specifications would remain with maintenance. Accident reporting and investigation should be coordinated by security, which should follow existing procedures that now include additional information for slip/fall losses.For example, rather than having a separate slip/fall program that specifies items such as footwear or floor cleaning regimens, the existing purchasing function would be responsible for obtaining footwear.Many facility managers seem to believe that there is a silver bullet--a clearly-defined solution-- for reducing or eliminating slips and falls in a workplace. This is a belief that is often reinforced by vendors of products that promise to do so. But it's clear that a good footwear program alone, or an effective floor care procedure in itself, does not control all the slip and fall exposures you face. Reducing the frequency of slip and fall accidents requires a multi-faceted methodology.
Dangerous condition on their propertySome of the reasons a property owner may be held liable for a slip and fall or trip and fall include the owner's failure to remove foreign objects on the floor, failure to repair defects on their property, failure to appropriately design their premises, failure to warn about a dangerous condition on their property and the failure to remove or improperly removing ice, snow or water. The latter is clearly the case here.
Interrupted by her slip and fall on the rain-clicked marble floor of the hosting hotelDescribed by her attorney as a "young, attractive executive," the vic was attending a sales conference that was. She's endured excruciating pain in the four years since, undergone numerous surgeries and was eventually forced to give up her lucrative job.
The hotel's insurer had an opportunity to settle for $750,000. Now the chain may have to shell out $3.6million in damages, after a diverse jury voted in the plaintiff's favor.
The hotel had an obvious duty of care to maintain the safety of its floors for its patrons. In a best case scenario, this included posting warning or wet floor signs, setting out safety mats and even posting employees in doorways as soon as staff became or should have become aware of the dangerous conditions.
As a guest at a hotel, it is not unreasonable for you to assume that you can walk safelyAs a guest at a hotel, it is not unreasonable for you to assume that you can walk safely throughout the premises without fear of being injured. However, when the hotel staff neglects to keep the floor clean or maintain a safe environment for their guests, the chance of a slip and fall accident is unjustly increased.
Because you are a guest on the premises, an injury you incur on the hotel property because of a slip and fall accident may qualify for a personal injury claim. Any injury you sustain from a slip and fall accident on the hotel's property because of unattended spills, uneven pavement, or any other hazards can be considered negligence on the part of the hotel
Make sure you document your injuriesMake sure you document your injuries, get the contact information from any witnesses to your slip and fall accident, and take pictures of the area where the accident occurred. All of this information is critical in building your premises liability claim. If your injuries are severe enough, you may want to consider hiring a personal injury attorney to bring a lawsuit against the hotel for damages that your personal insurance won't cover.
The hotel will likely be reluctant to admit fault for your injury. They'll claim they didn't have time to clean the spill, or that they were unaware of the crack in the sidewalk. They may even blame you and say you were acting recklessly or even trying to cause your injury just to have basis for a lawsuit.
The presence of a foreign substance on a floor generally is not compatible with the standard of ordinary careThe presence of a foreign substance on a floor generally is not compatible with the standard of ordinary care. If one slips and falls because of it, liability may be found if the condition was created by the proprietor or his agent or, if created by another, the proprietor had actual or constructive notice of its existence. Asmussen V. New Golden Hotel Co., 392 P2d 49 ( 1964).
The Nevada Court reasoned in Asmussen that a presumption of liability will lie with the hotel when they in fact create the hazard. At Benson and Bingham we find many clients who fall as the result of employee misconduct. That conduct involves spilling gravy, coffee, and other food items without cleaning it. Overspray from fountains or water features causes dangerous conditions on smooth floors. Grease and other kitchen items leach on to food service shoes and end up in the dining room.
Additional resources provided by the author
- Slip & fall
- You can pick the facts if I can pick the jury.” Melvin Belli
- Strategy in jury trials is the least written about topic in the law
- Crash law
- Accident Reconstruction Specialists
- Howard Robert Roitman’s Guides
- Legal Services & Lawyers
- Las Vegas, Personal Injury Lawyer, Howard Roitman
- Nevada State Bar