Blog

0 minute read
Unexpected Premises Liability Claim Risks and How Businesses Can Safeguard Themselves
Cameron Hawkins • June 17, 2024
safeguard your business with premises liability laws

The best defense against injury claims on your business’s premises is to prevent injuries from happening in the first place. A combination of upkeep, training and vigilance can drastically decrease the risk that a customer or visitor will suffer a preventable injury in your place of business.


There’s only so much control business owners have over the behavior of customers, guests or workers. Although they have some control over the enforcement of rules, they can’t guarantee every person will be responsible and vigilant when they visit an office, retail location, showroom or any other commercial property.


Facts backed up with evidence are a business’s strongest defense when facing premises liability claims. Evidence can come in a variety of forms, with maybe the most effective being video. Being able to clearly establish that the person who was injured on your property was partially or primarily at fault can be vital for countering claims or minimizing damages.


Video Evidence Is Difficult to Dispute

Many businesses already have security cameras to prevent theft, loitering, assaults or other crimes from occurring on their premises. Thorough coverage, especially of high-risk areas, can increase the likelihood that any alleged accidents and injuries are documented.


There are many scenarios in which this could be valuable in a premises liability claim. Security footage may show a person was behaving irresponsibly with friends or they were looking at their phone when they tripped or slipped.


Footage can also help clearly establish the condition of the area in which the injury occurred. For example, if the injured person claims they slipped on a wet floor because there was no wet floor warning sign, a video may allow you to prove there was a sign that should have been visible to a customer if they were paying attention.


Training and Adherence to Business Rules

Company policy that includes precautionary steps to prevent accidents from happening can make defending against claims much easier. One of the more common and effective policies, especially for food service businesses, is the clean as you go policy.


Training employees to follow this policy and holding them accountable for doing so can significantly reduce a variety of liability risks, from making foodborne illnesses less likely to limiting the possibility of slip and falls from spills.


The basic idea is anything that generates a mess or a need for cleaning is immediately cleaned. If an employee notices a spill, their highest priority should be dealing with the spill. If an employee uses a piece of equipment, they are responsible for immediately cleaning and storing the equipment after their task is complete. Adherence to this type of policy eliminates a variety of premises liability risks by ensuring:


  • Workspaces are consistently safe and clean
  • Any tool or equipment that is used is kept out of the way of customers and stored properly
  • Floors or walking areas are free from clutter that might constitute a tripping or slipping hazards
  • Boxes that might contain inventory or equipment don’t sit in aisles or take up space once emptied
  • Packaging is disposed of immediately and waste is removed from the premises frequently
  • Areas where customers eat, shop or browse are consistently cleaned throughout operating hours
  • Broken lights, messes in bathrooms and other environmental hazards responsible for illnesses and injuries are fixed as soon as they’re discovered


These steps drastically reduce the risk of injuries happening due to predictable and preventable causes. Constant vigilance helps ensure that when either expected or unexpected hazards arise, they are quickly dealt with.


Strict adherence to a clean as you go policy doesn’t just lower the risk or premises liability claims, it also contributes to a positive customer experience, improves perception of the business and encourages repeat business. It’s a win-win for most food service and retail businesses.


Hazards That Can Appear in Any Business

  • Poor lighting
  • Floor, sidewalk or parking lot hazards due to bad weather or inadequate upkeep
  • Falling objects
  • Electrical hazards
  • Pet attacks
  • Unexpected structural failures


Vigilance is key to reducing injury risks. Although things like electrical hazards may seem rare or unlikely, it only takes one incident to potentially lead to a serious premises liability claim.


Chairs people are sitting in can break and cause injuries, ceiling panels can be damaged by water from a roof leak and collapse or a customer’s pet might bite another customer. No business owner plans for these events or even expects them to happen. Unpredictable events are, by their nature, hard to prevent.


Attentiveness, upkeep and quickly addressing even the slightest hint of damage or hazards is one of the most reliable ways to combat premises liability claims.


Get Help If You’re Being Targeted by a Business Liability Claim in Atlanta

Is your business in need of business liability defense representation in Atlanta? The team at the Law Office of Cameron Hawkins is here to advocate for you. Call us at 678-921-4225 to learn about your options and next steps. 

By Cameron Hawkins January 24, 2025
Unsure whether claims-made or occurrence malpractice insurance is right for you? Cameron Hawkins Law explains the key differences and how each policy impacts coverage.
By Cameron Hawkins January 15, 2025
Service liability risks can lead to costly lawsuits. Cameron Hawkins Law in Atlanta explains how to assess your business for potential risks and protect against legal claims.
By Cameron Hawkins January 14, 2025
Strong company policies help prevent workplace harassment and legal issues. Cameron Hawkins Law in Atlanta outlines key strategies to build a safe, compliant work environment.
By Cameron Hawkins January 10, 2025
Avoid wrongful termination claims with strong employment contracts. Cameron Hawkins Law in Atlanta shares best practices to safeguard your business and ensure compliance.
By Cameron Hawkins December 20, 2024
Learn how to handle claims from employee negligence effectively. Contact the Law Office of Cameron Hawkins in Atlanta, GA, for expert legal advice today!
By Cameron Hawkins December 16, 2024
Discover how social media posts can impact business liability cases. Get expert legal guidance from the Law Office of Cameron Hawkins in Atlanta, GA.
By Cameron Hawkins December 10, 2024
Learn why thorough documentation is vital when defending against personal injury claims. Protect your rights with expert insights from the Law Office of Cameron Hawkins in Atlanta, GA!
By Cameron Hawkins December 6, 2024
Need help with claims involving independent contractors? Contact the Law Office of Cameron Hawkins in Atlanta, GA, for expert legal guidance today!
Learn how to address employee negligence and mitigate its impact. The Law Office of Cameron Hawkins
By Cameron Hawkins November 27, 2024
Employee negligence can have significant consequences for businesses, potentially resulting in costly claims, damage to reputation and operational setbacks. Fortunately, there are effective approaches to discourage employee negligence and handle claims if they do arise.  Employee Negligence and Its Impact on Business Liability Employee negligence occurs when an employee fails to perform their duties with reasonable care, resulting in harm or loss. Examples can range from minor oversights, like forgetting to secure sensitive documents, to severe incidents, such as driving a fleet vehicle while intoxicated or ignoring safety protocols. The implications of employee negligence may include: Financial Loss : Claims stemming from employee negligence can lead to costly legal battles, payouts and increasing insurance premiums. Reputation Damage : High-profile negligence cases can harm a company's public image, leading to a loss of trust among customers, partners and potential hires. Clients or vendors may hesitate to engage with a company perceived as having poor standards or safety protocols. Operational Disruptions : The fallout from a negligence claim can disrupt daily operations, particularly if investigations or legal proceedings demand substantial time and resources from company leaders. Increased Regulatory Scrutiny : Depending on the industry, negligence can invite additional oversight from regulatory bodies, resulting in audits, fines or mandatory corrective actions. Strategies for Preventing Employee Negligence Preventing employee negligence is one of the best ways to defend your business against liability claims. Companies can adopt a proactive approach by implementing policies, training and monitoring mechanisms. Comprehensive Training Programs Employees should undergo regular training that covers core responsibilities, industry regulations and specific job functions. Training should also address general areas like workplace safety, cybersecurity and customer service. In fields with strict safety protocols, like healthcare or construction, scenario-based training is particularly valuable. Clear Policies and Procedures Establishing clear, accessible policies is crucial to setting standards for employee behavior. These documents should outline expected practices, potential consequences for negligence and steps employees can take to prevent errors. Implementing clear procedures not only improves adherence but also provides a reference for employees who might be unsure of the correct action to take in a particular situation. Use of Technology for Monitoring and Accountability Modern technology can play a valuable role in reducing negligence, especially in industries with high-risk activities. Some examples include: Security Monitoring Software : These tools track data access and ensure that employees do not share or mishandle sensitive information. In industries like finance or healthcare, these tools are essential for maintaining compliance and accountability. Automated Task Trackers : For industries with repetitive or procedural work, task trackers can help employees follow through on each required step. These systems improve productivity and reduce the chances of missing critical steps. Establishing a Culture of Responsibility and Accountability Creating a culture where employees feel responsible for their actions and comfortable reporting mistakes encourages vigilance and corrective action. This can be achieved through: Open Communication : Encourage employees to voice concerns and share suggestions for improving workflows. Rewarding Safety-Conscious Behavior : Recognize employees who demonstrate responsibility and attentiveness to reinforce a safety-conscious work environment. Managing Claims Resulting From Employee Negligence Despite preventative measures, claims may arise due to employee negligence. Effectively managing these claims is essential to protect your company from potential damage. Below are some steps for handling claims due to employee negligence. Investigate the Incident Thoroughly An in-depth investigation is crucial for determining the cause of an incident and assessing the validity of the claim. Collect all relevant documentation, including any witness statements, video footage or internal records, to understand what led to the incident. This investigation not only provides clarity but also demonstrates that your company takes such incidents seriously. Notify Insurance Providers Promptly Contact your insurance provider as soon as a claim arises. Timely notification ensures that claims are managed within policy guidelines and increases the likelihood that legal fees and settlements will be covered. Insurance providers can also guide you through the claims process, offering additional support for your response strategy. Develop a Communication Strategy Maintain transparent communication with affected parties, including the claimant, employees involved and any stakeholders. Avoid admitting liability prematurely, as this can weaken your position in negotiations or court. Instead, convey that the incident is under investigation and assure all parties of your commitment to rectifying the issue. Seek Legal Guidance Legal support is critical to managing claims effectively. An experienced attorney can assess the claim, advise on liability issues and represent your company in negotiations or court. An experienced business liability defense lawyer can also help identify and develop potential defenses. Document and Improve Procedures After resolving a negligence claim, review and improve any relevant policies, procedures or training programs to prevent future occurrences. Identifying gaps and making changes not only enhances safety but also reduces the likelihood of future claims. Additionally, demonstrating a commitment to improvement can favorably impact settlements, insurance renewals and regulatory reviews. Contact Our Skilled Atlanta Business Liability Litigation Attorneys Today If your business is facing claims due to employee negligence, The Law Office of Cameron Hawkins is here to help. With extensive experience defending companies against negligence claims, our team will work diligently to protect your business’s financial interests and reputation. Contact us today for a consultation or give us a call at (678) 921-4225.
By Cameron Hawkins November 19, 2024
Thorough documentation is your first line of defense. Learn how the Law Office of Cameron Hawkins in Atlanta helps businesses navigate personal injury claims.
More Posts
Share by: