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A new insurance report released by CNA on “Slip and Fall Control Techniques for Commercial Real Estate Owners” says that with the aging boomer population, slip and falls are expected to grow significantly.

“Statistically, seniors are far more likely to experience a slip-and-fall accident. For those that are injured, the cost of treatment and recovery time is significantly greater than the average for non-seniors,” the report says.

Tom Vesper, a plaintiffs’ attorney with Westmoreland, Vesper & Quattrone in West Atlantic City, N.J., said he is seeing an increase in slip-and-fall cases in stores and on commercial properties, such as casinos and hotels.

However, he attributes the uptick not to the elderly population but to “shortcuts … being taken” by property owners and managers.

On May 6, he won a $1.75 million verdict against a car dealership on behalf of a 69- year-old woman who slipped on a tile floor, broke her hip and shoulder and died from a resulting infection.

John A. Day, a partner at Day & Blair in Brentwood, Tenn., who blogged about the CNA study, said that although he has not seen an increase in claims, “it only makes sense that slip-and-fall claims are up because the population is aging.”

Recommendations

The report gives 19 detailed recommendations on how premise owners can reduce the risk of slip and falls.

A few of these recommendations include:

• Using high-traction, slip-resistant flooring materials and cleaning products;
• Limiting the difference in height between the floor and mats to 1/4″ to 1/2″;
• Frequently inspecting mats for wear and build-up;
• Training staff on spill prevention and how to respond;
• Instituting a program for regular inspection of all walkways, parking areas, stairs and indoor walking surfaces; and
• Regularly reviewing all slip-and-fall incident reports.

Day said that the recommendations could be used by an expert in a slip-and-fall case.

“An expert could rely on this information to say, ‘This is the proper test for taking reasonable precautions.’ It can enhance the credibility of your expert,” he said.

Vesper said that “all 19 of the recommendations could be ‘standards of care’ for CNA insureds if they were aware of them, or they could be used as support for the ‘unwritten standards or customs’ in the industry – especially if a good premises safety expert has them to reference.”

He suggested that the best prevention against slip and falls is to appoint a single safety “officer in charge” who knows the rules and enforces them.

“All the standards and recommendations in the world are absolutely useless if the safety [officer in charge] is lazy and/or incompetent,” Vesper said.

Questions or comments can be directed to the writer at: sylvia.hsieh@lawyersusaonline.com

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