If you have a place of public accommodation, like a restaurant or grocery store, you know that you will be a defendant in a lawsuit eventually. Think ahead and implement a plan to mitigate or eliminate the most common types of lawsuit producing accidents.
1) Install cameras. Sure, cameras may record negligence on your part, but if you implement a loss prevention program, more likely than not, the cameras will form the basis for your defense.
2) Implement a loss prevention program. Make sure employees clean up spills, are trained in handling sharp objects, and hold regular training sessions on all aspects of safety.
3) Lead by example. When a supervisor walks around and sees a potential hazardous area, he or she must act immediately to mitigate the potential problem.
4) Have a log for repetitive clean ups and maintenance. If someone needs to mop up the area by the bloody mary bar, or fresh fruit display, make sure it is logged (such records are useful in the defense of a lawsuit), and it is actually being done.
5) Train backroom protocol. Sometimes outside of the customer’s view, safety measures are relaxed, and to expedite backroom work shortcuts are taken. Establish a backroom protocol.
6) Delivery/receiving. Usually large, heavy pallets or carts are being brought in the store or restaurant through the back door, sometimes off of a hydraulic lift. Protocols must be established, and instituted to minimize serious accidents.
7) Create a safety culture. In words and in actions, team meetings, and ongoing repetition, the employee team needs to understand that the company stands for safety for both its employees and its customers in every aspect of its business.
8) Reward good behavior. Reward team members monthly or quarterly if there have been no job related accidents at the site, and no customer accidents.
9) Solicit loss mitigation information from your insurance carrier. Insurance carriers want to be your partner in reducing injuries and liabilities. Talk to them on implementing a plan at your business. Have their representatives meet and speak to your employees.
10) Walk through your parking lot monthly. Many accidents occur in the parking lot of your place of business. Snow plows in the Midwest tear up parking lots and leave them in a condition that can cause harm to your customers and employees. Talk to your landlord about parking lot repairs and put your concerns in writing to your landlord.
If you have any questions on these or any other matter, do not hesitate to contact Kerry Lavelle at klavelle@lavellelaw.com to schedule an appointment.
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