Insurance Companies, the Legal Community, and Floor Safety

Slip and fall accidents involving employees and customers are one of the most important factors that have affected insurance costs for restaurant and retail establishments. Studies done by government agencies like the Centers for Disease Control (CDC) and The National Safety Council have shown this to be a well-known fact. As the baby boomers get older, the cost of slip-and-fall injuries rises. Recent court records indicate that this generation is the most litigious in history. Those who suffer a slip or fall will not be able to walk away without requesting huge amounts of compensation for their injuries.
Bill O’Connell is the executive director of Government Affairs at the National Safety Council. “Falls in older people are now the leading cause for injury deaths,” he said. “Furthermore the older Americans have seen their mortality rates increase by 39% between 1999-2005 due to falls. This growing public health concern must be addressed before it’s too late.

The 50-state breakdown of accidental falls among seniors shows that New Mexico ranks highest at 99.26 deaths per 100,000. Alaska is the lowest at 15.95 deaths. Florida was 22nd in terms of death rates at 43.01 per 100,000, but had the most deaths (1405)

Rep. Lucille Raybal-Allard (D.Calif.), who hosted the briefing with the Congressional Prevention Caucus, said that “The alarming statistics from the CDC showing that falls among seniors is a leading cause for senior disability and death should be a wake-up call to all of us.” “Senior Falls are not inevitable. Therefore, we must focus federal programs and policies on proven strategies to prevent them and their often fatal and disabling consequences.

Insurance companies have taken notice of this statistic and are now spending more time with their clients to educate them on how to reduce the chance of a slip or fall. They encourage their clients to choose the best floor surface and to create a floor safety program that addresses the needs of the elderly population. “Mitigating risk requires more than lip service,” stated Brian Siegel, Westgate Properties’ Vice President of Risk Management. “The time is coming when insurance companies will demand quantitative proof that an organization understands the importance of being attentive to the causation and has taken corrective actions.”

Russ Kendzior (President of the National Floor Safety Institute) stated that “where there are people walking on any kind of floor surface, the potential for a slip-and-fall occurring when the surface becomes contaminated is increased greatly.” Retailers must understand the factors that lead to slip and fall. Many times, retailers who are upgrading their facilities in order to offer a fresh look to their customers will install a new flooring surface. These floors are usually made of hard stone, such as granite or marble. These surfaces can be slippery if they get wet.

Certain tiles are specified by tile manufacturers to have high slip resistance values when wet and can be used in environments that are prone to contamination. The coefficient of friction data from the tile manufacturer is a sure way to prove to an insurance company that a floor surface’s slip resistance has been taken into consideration. This will prove to the insurance company that the retailer knew that the coefficient of friction (COF), was an important consideration when selecting the floor surface.

Additional COF testing’after’the flooring has been installed will show the insurer that the retailer is maintaining the surface. This will also prove to the company that the flooring is being maintained. The quality of the floor surface can make a big difference in how many slip-and-fall incidents are prevented. This may mean that staff will need to shift their behavior from the way they used to maintain the floor surface (e.g., a carpet floor or a floor that required a floor finish). This can lead to an increase in slip-and-fall incidents, higher insurance costs, and even a potential lawsuit for negligence.

A facility should understand how the loss control strategy is calculated into the premium. Implementing a focused, measurable loss control strategy will reduce the risk of slips and falls and result in savings on future premiums. This will make your company more attractive to the insurance provider. Your insurance provider will appreciate any documentation that proves your company is aware of the slip coefficient on a floor. You can also request a price adjustment when you renew your insurance policy. Your proactive program will reduce slip and fall claims.

Legal professionals are beginning to realize that facility managers have options that can increase floor safety and decrease slip-and-fall claims. If retailers take preventive steps, including a method to record slip resistance values, they can help to discredit negligence claims should slip and fall happen.

It is crucial that companies understand the importance of floor safety due to the aging population as well as the rising cost of insurance. Companies that fail to take a proactive approach to reducing slip-and-fall injuries are being watched closely by the legal profession. A program that includes the identification of the best surface for the setting, regular measurement of slip resistance, and the implementation of a maintenance plan that maintains floor safety can help reduce insurance costs.
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