Mitigating Liability: Best Practices for Preventing Slip and Fall Claims

Silvia Purcarin

Slip and fall accidents can happen anywhere – in parking lots, on sidewalks, at retail establishments, or on residential properties. In British Columbia, occupiers of premises have a legal duty under the Occupiers Liability Act to ensure that people entering their property will be reasonably safe. Failing to do so can result in costly litigation and compensation claims. However, property owners can take proactive steps to mitigate liability and reduce the risk of injury. This article explores key strategies to help those responsible for maintaining property defend against slip and fall claims.

Implement a regular inspection and maintenance program 

The duty imposed by the Occupiers Liability Act is that the owner or occupier takes “reasonable care” in the circumstances to make the premises safe. However, owners or occupiers do not have to remove every possibility of danger. The test is one of reasonableness, not perfection.

The plaintiff has the onus of proving, on a balance of probabilities, that the defendant was negligent or in breach of duty under the Occupiers Liability Act. The plaintiff must be able to point to some act or failure on the part of the defendant which resulted in the injury. The defendant may rebut this evidence by showing there was a reasonable system of inspection and maintenance in place. The courts have made clear, however, that it is not enough to demonstrate that there is a plan in place. The defendant must call some evidence to show that the plan was being followed at the time of the accident.

In Rahnama v Loblaws City Market, 2024 BCSC 2120, the plaintiff claimed they slipped on a muffin and fell at a grocery store. The claim was dismissed after a summary trial where the defendant tendered evidence with respect to its cleaning policies and the store’s maintenance systems. Sweep logs were produced, noting the times of inspections and cleaning completed around the time of the incident. Following a review of the sweep logs, the court was satisfied that the defendant had established that the system of maintenance was actually being implemented on the date of the incident.

In short, various records may be used to demonstrate that a reasonable system of inspection and maintenance was being implemented at the time of loss. Some examples include records of inspection conducted by employees or third-party contractors, compliance reports, photographs from routine inspections, documentation of hazard identification and risk mitigation efforts, written policies outlining inspection and maintenance protocols, and logbooks showing scheduled inspections.

Address weather-related hazards promptly

Wet or slippery floors, icy sidewalks, and other weather-related hidden hazards can lead to unexpected falls. However, precautionary measures and proper maintenance even during poor weather conditions can significantly strengthen a defendant’s position in a slip and fall action.

For instance, strategic placement of entrance mats, properly maintaining and regularly rotating and drying mats can help visitors avoid an accident. Mats help trap water, snow and debris from shoes, therefore reducing the risk of unsafe floors. In addition, having mats in place indicates that a property owner took steps to prevent hazards.

In Biason v Loblaws Inc., 2016 BCSC 1600, the BC Supreme Court considered a claim where the plaintiff tripped on the entrance mats at a grocery store. The store manager explained that the mats had been laid down because it had been raining and customers could track moisture into the store, posing a risk for slips and falls. The defendant produced extracts from its policy manuals and staff bulletin, including a document titled "Tis the Season for Slip and Falls", issued to stores in anticipation of winter weather. This bulletin warned of the increased risk for slips and falls due to tracking of snow and slush into stores in the winter. Accordingly, the store placed mats at the entrance to prevent slippery floors. The court dismissed the plaintiff’s claim on the basis that they had failed to establish that the placement of the mats in the store constituted a failure on the part of the defendant to take reasonable care to ensure that the premises were reasonably safe. On the contrary, the defendant placed the mats in the entryway to protect customers from a readily apparent and recognizable risk – the risk of a slip and fall due to wet floors.

Other methods to address weather-related hazards include addressing pooling water that freezes into black ice, clearing leaves that may conceal other hazards such as potholes, hiring professional contractors for winter maintenance, using signage to warn of hazards, and training staff to recognize hazards and report icy or wet conditions.

Install surveillance cameras 

CCTV footage is yet another tool that can assist in the defence of slip and fall claims. In particular, CCTV footage can help demonstrate that there were no visible hazards present, it can support arguments of contributory negligence, identify witnesses, and establish response timelines by staff if a hazard was identified.

Document everything

Incident reports can be one of the most valuable pieces of evidence in slip and fall cases. A well-prepared incident report can help challenge liability, dispute the severity of the plaintiff’s injuries, and demonstrate that reasonable steps were taken to maintain safety.

In the Rahmana decision above, the Court considered evidence from the incident report completed by a Loblaws employee which noted that the plaintiff claimed to have slipped on something on the ground. The report indicated that following the fall, employees were unable to find the cause of the slip and fall. The employee who filled out the report gave evidence that it was his normal practice to examine the area and identify the causes of any slip-and-fall. He said that he did not see a piece of muffin in the area at the time. This fact contributed to the Court’s decision to dismiss the plaintiff’s claim.

Effective incident reports play a crucial role in defending slip and fall claims. Ideally, these documents should include details of the accident location, the time of the fall, the existence of any hazards present, and weather conditions. As seen in the Rahmana decision, the absence of a clearly identified hazard can support an argument that reasonable care was taken. In addition, incident reports should record any statements made by the plaintiff at the time of the accident, details of the plaintiff’s footwear, information pertaining to witnesses’ identification, and any other details observed in the aftermath of the incident, including whether the plaintiff refused medical attention. It is noteworthy that businesses play an important role in training employees to properly document incidents so that they produce strong reports. Vague and unclear reports have the potential to weaken one’s defence.

Lastly, incident reports can be used by experts to assess whether proper maintenance protocols were followed.

Strengthen your case with professional analysis

Experts play a crucial role in providing technical analysis to challenge liability in slip and fall claims. Retaining the right expert to opine on the various issues that arise in slip and fall claims cannot be overstated enough.

Engineers and biomechanical specialists analyze injury mechanisms and whether the forces involved in a fall were sufficient to cause the plaintiff’s injuries. In addition, forensic engineers can analyze floor surfaces and their slip resistance, the impact of weather conditions on sidewalks, and whether property owners took the necessary steps to ensure safety. Further, structural engineers can evaluate whether any surface defects were significant enough to cause a fall and whether handrails, lighting, or drainage systems met safety standards.

Building code experts can examine the property to determine if there were any violations that could have contributed to the accident. They assess flooring surfaces, lighting, and maintenance procedures to challenge liability. For example, if a plaintiff alleges that a walkway was too slippery, a building code expert can refer to code requirements for flooring materials and confirm whether they met slip-resistance standards. If a fall occurs on a ramp, a building code expert can verify whether the slope was within the legal limits.

Photographic or forensic video analysts can examine photographic evidence and surveillance footage to provide objective analysis of the incident. Video experts can enhance unclear footage to reveal critical details, analyze movement and timing to assess whether the fall was accidental, and synchronize multiple camera angles to provide a complete view of the incident.

Experts play a crucial role in analyzing evidence in slip and fall claims. They possess the tools necessary to apply scientific principles to various scenarios and assess whether a property was reasonably safe and whether an alleged hazard actually contributed to a fall.

Key takeaways

Accidents are preventable and slip and fall incidents are no exception. Property owners can significantly reduce liability risks by taking proactive steps to inspect and maintain locations susceptible to slip and fall accidents. When claims arise, having strong evidence available, such as incident reports, inspection logs, weather hazards protocols, entrance mats, proper signage and video footage can help demonstrate that reasonable care was taken. In addition, the use of experts will provide the technical analysis often required in such cases.

By combining preventive strategies with well-documented evidence, property owners and businesses can not only mitigate legal risks, but also create a safer environment for employees, tenants, and visitors.