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Liability claims can represent a significant expense for businesses large and small. Some large corporations are always facing liability claims of some kind, like automotive manufacturers, pharmaceutical companies, retail giants and medical device manufacturers. These companies are always paying for liability defense services or settlements to injured parties.
The liability landscape is different for small businesses. Many go decades without ever facing a liability claim. This can be due either to the type of businesses they operate or their aggressive liability avoidance measures. Businesses that fail to take steps to prevent or avoid injuries run the risk of facing injury claims or litigation.
Common Mistakes That Lead to Injury Claims
Inadequate Employee Training
In addition to training about their job role, employees should also undergo an array of safety training. Many jobs have risks, from cutting injuries in commercial kitchens to crush injuries in manufacturing facilities to slip and fall injuries on wet floors in retail.
Safety training can help prevent employee injuries, missed work and avoidable workers’ comp claims, but it can also protect businesses from potentially more problematic customer or client injury claims.
Employees typically deal with far more customers or clients than the owners and decision-makers of businesses. When people are injured by businesses, it’s often related to the actions or inactions of employees. From ensuring a leased premises is free from defects to driving company fleet vehicles safely, there is a diverse range of safety protocols businesses should instill in workers at every level of their business. Doing so can greatly reduce the risk of workplace injuries and third-party injuries.
Premises Safety and Maintenance
Many business injuries are due to an unsafe premises. These can be caused by trips or slip and falls, broken stairs, falling fixtures or displays, a lack of security or virtually anything else. People can be injured in a nearly limitless number of ways, and businesses have a vested interest in preventing any accidents from happening on their premises or because of the actions of their employees.
Employee training and policies can greatly reduce the risk of premises liability injuries. Managers and employees should be constantly vigilant for any features of your business that have even the slightest potential to cause injury accidents.
For example, retail stores may have walkthrough schedules for employees who are required to look for hazards like spills at a specific frequency throughout their shift. Some businesses may also have specific accident-reducing policies codified in training, like clean-as-you-go policies, which may require dropping everything to address hazards like spills as soon as they are noticed.
These types of policies are important for two reasons.
- They greatly reduce the risk of premises liability injuries from occurring as well as make liability defense much easier.
- It bolsters claim defense if an injury does occur. Being able to show employees are trained and required to inspect and address hazards frequently can help establish the business didn’t know or could not have known about an unanticipated or temporary hazard. Codified safety policies can help demonstrate the business did everything reasonably possible to prevent the injuries, which could be invaluable in a liability defense claim or case.
Selling Defective or Unsafe Products
Products that are not properly tested or ignore safety standards often lead to product liability injury claims. Even products that include safety warnings or explicit instructions that are disregarded by users might not protect a business from liability if injuries occur due to misuse. This is particularly common in foreseeable misuse claims.
Businesses can potentially face claims if a product was misused despite warnings if the misuse was foreseeable. In those scenarios, it’s often incumbent upon manufacturers to incorporate safety measures designed to prevent misuse.
Using Faulty or Ineffective Safety Equipment – or No Equipment at All
Workers and customers are not always enthused about using the proper protective gear because it’s inconvenient, looks silly, hinders performance or is uncomfortable. Some businesses might have safety equipment that’s ineffective, worn out or low-quality.
Examples include helmets in a batting cage or seat belts in bumper cars at an amusement park. Even if the customer chooses not to wear safety gear, the business might be liable if the customer is injured because they allowed the customer to participate without taking the necessary safety measures.
It's important for employees and customers to adhere to all relevant safety standards of your business. Failing to enforce rules can potentially open businesses up to liability, despite the customer’s choice being the primary contributor to their accident or injury.
Get Help Protecting Your Atlanta Business From Liability Claims
Is your business being targeted by an injury claim? The team at the Law Office of Cameron Hawkins is here to fight for you. We have extensive experience in business defense cases and understand the unique challenges you may be facing during this process. Call us at 678-921-4225 and learn more about your defense options.
