Have you shown “due diligence” to prevent Slip & Falls?

Jan
2011

What is due diligence?? Doing what is reasonable to prevent a risk from becoming an incident.*

In other words: risk management.

And in Ontario, every property owner or occupier needs to be aware of the obligations imposed by law to the risks of ice – on driveways and walkways, in parking lots and at building entrances.

Most people have no idea of the current legal reality – but if an individual falls in a parking lot sustaining injury, successful claims for $25,000 to $100,000 are not uncommon. In our office, we see them every winter.

An owner or occupier’s best defence is to demonstrate that reasonable steps have been taken to ensure safety to those on the property.

For commercial properties, we recommend a more formal – but simple – process that we use for our own building and parking lot. It’s referred to as the “Three P’s”:

Policy – have a written standard of what you will do to counteract the effects of snow and ice, providing reasonable winter pedestrian traction. (However, be aware: you may be worse off to have a written policy if you write it up and then ignore it!)
Procedures – determine who is responsible to execute, and when. Remember: rapidly changing weather conditions require response.
Proof – demonstrate that the policy was carried out, usually by an uncomplicated log-book, or clip-board chart. A list of time and date reflecting each occurrence of shovelling and sanding, is a good start.

Risk management does not need to be complex – but it needs to be deliberate, sufficient to address the hazard, and demonstrably carried out.

*Insurance Law Update – Smith, Wowk Barristers & Solicitors, September 2005

Tags: claims, due diligence, environment, ice, policy, procedures, risk, risk management, safety, slip and fall, snow removal, winter

Comments

12 comments

Graham Robinson

January 7, 2011 at 1:30 pm

Would hate to “slip up” on this one.

I did a website for company who’s sole job was to apply anti-slip film to tiles.

Graham

January 12, 2011 at 11:04 am

Thank you for the above information, time to step up the safety factor at home! You just never know!

January 12, 2011 at 11:05 am

This is just another reason for me to shovel my own driveway and to make sure that I put salt down so that no one is injured when they come on to my property.

January 12, 2011 at 11:16 am

Those are some pricey claims. It doesn’t hurt to go that extra step to ensure the safety of others.

January 12, 2011 at 11:23 am

It doesn’t cost much in time or money to keep driveways and walkways safe in relation to the cost of a claim! Thanks for the information.

January 12, 2011 at 11:41 am

Proper winter maintenance such as snow removal, salting and sanding is a good practice for both commercial property owners as well as homeowners.

January 12, 2011 at 11:43 am

It is harder to keep a commercial property clean as there is so much foot traffic which makes the walkway and parking lot area more slippery. It is a full time job to keep the area safe for our clients.

Peter Lunek

January 12, 2011 at 11:59 am

Again its so easy to be sued…..

January 12, 2011 at 12:17 pm

Although the three P’s doesn’t guarantee you will not be held liable in the event of a slip and fall, having a policy, procedure and proof will certainly increase your chances of avoiding litigation.

January 12, 2011 at 12:51 pm

Every homeowner should have a risk management plan in place.

January 12, 2011 at 4:02 pm

Proper winter maintenance is good practice for commercial and homeowers properties.

January 12, 2011 at 4:53 pm

risk management should not be taken lightly by business owners, or by homeowners.