The hospitality industry faces many challenges in the day to day running of their business enterprises. Damages caused by acts of negligence are some of the worst occurrences. They have the potential to bring down a thriving business or keep it locked up in legal cases for a long time. Common cases of negligence include food poisoning due to food and beverage contamination, theft due to security lapses and injury. When it comes to injury, the second most common type are caused by slip and fall accidents. They are only rivaled by The slip and fall accidents are also called same level falls because the victim does not fall from an elevated position. Slip and fall accidents are extremely relevant to the tourism and hospitality proprietors and operators because they are the most common type of general injuries.
Slip and fall injuries are responsible for the hospitalization of over 800,000 people per year in the US alone. According to the Center for Disease Control and Prevention (CDC), three million others are treated annually in outpatient facilities after a fall. Over 17, 000 of these accident patients do not live to tell their story. In 2015 alone the deaths were as high as 33,000. Additionally, falls are the leading cause of death among people over the age of 60 years. A large percentage of these falls occur at home or in public places of accommodation. The owners and operators of such public places are often faced with legal challenges if the injured person decided to file a personal injury suit against them. Awards to pay for medical bills to cover broken limbs, fractured hips and cracked skulls will drain an organization's resources. Lawyers fees to prevent such an eventuality will also be just as high. The cost of suits alone can cost hundreds of thousands of dollars (Centers for Disease Control and Prevention, 2017).
Delegate your assignment to our experts and they will do the rest.
According to Stephens (2017), the public image and reputation, of a recreational facility going through an injury suit, is also greatly tarnished. The hospitality industry thrives on positive publicity. Such a organisation may never recover its reputation if the information and details around the suit is made public. Settling out of court may remedy the situation but it will come at a price. Stephens (2017) elucidates that while it is impossible to predict and prevent every single injury, it is possible to prevent the majority. This paper presents the issue of slip and fall accidents in a way that hotel owners and operators can appreciate. The information shared is important to these stakeholders because it provides the mechanisms to reduce the chances of an accident occurring. Additionally, the issues raised help the operators to trian their staff and safe guard their interests before any injuries occur. It will also be important to learn how to respond in the unfortunate case of a injury. The response may prevent the victim from pursuing the issue legally (Stephens, 2017).
Various negligence issues
There are various reasons why slip and fall accidents occur. The most common denominator in each case is the floor. An ordinary walking surface or floor can turn into a dangerous zone if certain precautions are not taken. An uneven floor is a common cause of tripping. The foot will be unable to tread properly and one moment of imbalance will result in a fall. Uneven floors may be caused by poor installation of flooring materials. The floor may be elevated in some sections and depressed in others. This is often due to poor levelling during construction work. The most common floors that experience this are wooden or parque floors and floors fitted with ceramic tiles. Care should be taken during construction to avoid poor workmanship.
Ahmad (2017) points out that portable flooring materials such as carpets and PVC can also be hazardous. Such materials may trip someone if the edge is unravelled. According to Ahmad (2017), these worn out accesories may also trap the foot and trigger a fall. The management can absolve themselves from blame by replacing worn out floor mats and carpets. The floors should also be regularly maintained. Ceramic floors and walkways made of cabro or other natural stone, are also notorious when it comes to injury. These get pot holes after exposure to weather elements. They may also be damaged due to human traffic. A regular inspection and repair of the premises will solve this problem. Such an exercise would also uncover other defects such as loose floorboards or rot. Timely repairs will safe guard the institution from accidents.
Floors also become more accident prone when wet. Cleaning floors presents opportunities for slipping and falling. This could occur when daily cleaning activities are taking place. The use of detergents and other slippery a cleaning agents will also increase the risk of falling. Public acomodation units must choose a suitable time to carry out cleaning activities. This is because certain times have more traffic than others. Clients rooms and suites should be cleaned in the morning. This is the time when most hotel guests have left the room to pursue other interests. Cleaning should be postponed if the guests are still present. High traffic areas such as corridors and walkways are best cleaned at night. This will ensure that the floors dry and are cleaned before guests are put at risk. Waxing floors also presents a chance for accidents. This activity should be carried out when the hotel rooms are not in use. In the event that the facility must be cleaned or waxed in the presence of guests, the following can be done. The cleaning can be done in sections. This sections can be sealed off using temporary barriers that restrict movement. The cleaners must also put up signs that warn the people present of the danger they face. These precautions will partly protect the institution from any liability resulting from an accidental fall.
Slip and fall accidents can happen at any given location. This is because floors are present in every area of an accommodation facility. However, there are certain areas that are more likely to be high risk. They include bathrooms, eating areas, swimming pool resting areas, staircases and any poorly lit area. Bathrooms and other wet areas pose the highest risk. The accidents may happen because the floor is fitted with the wrong kind of materials. These could include very smooth ceramic tiles among other material that are not suitable for use in wet areas. The bathroom could also be lacking anti slip rubber mats which could prevent accidents. These private rooms are areas where people don't often enter while accompanied. Most accidents that happen in this seclusion are often disastrous. The victims are not often in a position to call for help and they may be found when it is too late. Installing the safest floor possible is the best way to prevent such accidents (Ahmad, 2017).
The staircase is another hot spot when it comes to fall and slip accidents. A poorly constructed staircase will have people loosing their balance and falling. A safe staircase will be spacious, and each step should be wide enough to accommodate the foot. According to Carpenter, Zuckerman and Rowley (2018), the steps should also have a uniform tread and depth. The exact dimensions are different in each jurisdiction. The stair surface should also be finished with non slippery material. Finishes such as rubber, terrazo, metal and wood are encouraged. The stairs should also be kept clean and regularly maintained to prevent accumulation of clutter. The staircase should also be fitted with a handrail to offer support as people use the stairs. Carpenter, Zuckerman and Rowley (2018) also adds add that a large percentage of slip snd fall accidents occur because of the type of handrails installed. For example, some aesthetically attractive rails may lack the grasp factor that can save a person from falling. Loosely fitted rails may also dislodge when grasped. This may cause additional injury that could be worse than the fall itself. Safeguarding the stairs and its rail will significantly reduce the number of chances of accidents occurring.
The area around and in the swimming pool is another risk area. Swimming pools are generally high risk areas because of the presence of water. However, the swimming pool itself should not be slippery. Slippery pools are usually as a result of grime. This van be prevented by regularly cleaning the pool. Treatment with purifying agents such as chlorine will also kill the natural bacteria that could multiply due to the contact with human beings. The rest areas around the pool is also hazardous. The floor must be fitted with anti slippery material like mazeras. This is because it is impossible to keep such an area dry. The place must also be free from any clutter this could trip a passerby. Other areas such as kitchens and eating areas must also be considered. Kitchens and laundry areas should be restricted and secured. Access to guests must be prohibited by locking such areas and putting up signs that warn trespassers.These areas are high risk and the chances of injury are heightened. Other precautions that can be applied include placing rubber mats on outdoor paths after rain or snow.
Proprietors and mangers of facilities that provide public accomodation have sometimes found themselves on the wrong side of the law. The plaintiff Von Normann sued the defendant Newport Channel Inn after he fell off off a balcony on the second floor. This took place in Orange County in the state of Florida. 26 year old Normann suffered from this accident in the parking lot of the inn on the 16th of September in 2008. He suffered from extensive head injuries and was in a coma for 3 weeks. Additionally, when he woke up from the coma, he had no recollection of the accident. The brain injury also caused the patient to live with a life long condition of dementia. The case was complicated by the fact that there was no witness or surveillance footage to explain the circumstances of the fall. Normann was awarded 38.6 million dollars in 2012 after his legal team proved the validity of his case. The initial claim that was made directly to the hotel's insurance company was turned down. The hotel and its investigators had already established that their guest was intoxicated at the time of the accident. This was used as a basis to deny him any compensation as they placed the responsibility on his impaired judgment (Ahmad et al., 2017).
Normann was able to win this personal injury claim because of several factors. The first is the fact that the defendant failed to provide safety precautions on the balcony. The existence of duty to act reasonably required the hotel to install adequate rails. The hotel breached that duty by installing railing that was shorter by about 8 inches. The proximate cause in this case was the lack of protection. The claimant was able to demonstrate the negligence by showing the ankle bruising and shiny abrasions. These were sufficient evidence of falling over the railing. This breach of duty resulted in substantial head injury to the plaintiff, which included memory loss and dementia. The initial claim for reward amount to just over 6 million dollars. The plaintiff was awarded 38.6 million dollars in the verdict that held the hotel 85% liable for the accident. The award for damages was 6 times that of the highest amount that the plaintiff had claimed (Carpenter, Zuckerman Rowley, 2018).
In the state of Florida, slip and fall cases must be filed within 4 years of the injury. The plaintiff was able to meet this deadline and his case was heard in good time. The plaintiff was also blessed to demonstrate that he had actually been injured on the premises. This gave rise to the premises liability. The plaintiff demonstrated the fault of the hotel by pointing out the vilotaion in constriction safety standards. The defendant had flaunted building regulations but installing the short railing. He was therefore liable under premises liability. 5 The case also managed to fall under the liability of comparative negligence. This means that the situation happened as a result of more than one contributing factor. The defendant tried to absolve themselves from blame by pointing out that the plaintiff was drunk. The court accepted this assertion was correct although the plaintiff was not entirely at fault. The liability was then shared with the hotel taking the lions share of the blame. The plaintiff was also able to demonstrate liabilty in loss of quality of life, lost wages, pain and sufferings and medical expenses.
The case above clearly illustrates the need to put precautions in place to avoid injury. The plaintiff may have lost the case if the hotel had initially installed guard rails of the right length. However, this form of negligence was enough to cost them alot of money in compensation. This award of damages is one of the highest against an investor in the hospitality industry. The hotel could have saved some money by settling the matter out of court. However, the matter would have been avoided entirely by adhering to safety standards and regularly maintaining the hotel premises (Ahmad et al., 2017).
Hospitality and tourism operators and owned need to take the issue of slip and fall accidents very seriously. The case in point above shows how grave such an issue can be. Additionally, the gravity of this kind of accidents makes it difficult to win back the trust of customers and client. Rebuilding a brand is also a difficult task. The recent cases have raised awareness among stakeholders in the industry. Many have put in place measures to protect their guests against injury. The response by the stakeholders is still not as satisfying as it should be. The issue of safety to avoid liability is still regarded as one that is not a priority. Property owners and managers could save time and money if they took the issue seriously (Stephens, 2017).
Conclusion
Property developers should take a keen interest in the safety regulations set aside by the relevant housing authorities. This is the foundation of safety that will determine whether the slip and fall accidents can be reduced. Property owners should also be keen to enlist the services of professionals who will ensure that the process of construction is carried out in adherence to all safety standards. The most important aspect of this issue lies in the maintenance of premises. Property managers will have to tighten their standards and ensure that all safety issues are addressed with haste. The hospitality industry also has to emphasize on safety measures so that their staff are always looking out for ways to create a safe haven. Therefore, awareness and vigilance are the keys to ensure the reduction of slip and fall accidents.
References
Ahmad, N. A., Tap, M. M., Syahrom, A., & Rohani, J. M. (2017). Factors Leading to Slip-and-Fall Incidents. In Quantitative and Qualitative Factors that Leads to Slip and Fall Incidents (pp. 13-19). Springer, Singapore.
Centers for Disease Control and Prevention (2017) Important Facts about Falls. National Center for Injury Prevention and Control. Retrieved from https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html
Carpenter, Zuckerman Rowley. (2018) $38.6 Million Verdict Found For Newport Beach Fall Victim By Carpenter, Zuckerman Rowley. Retrieved from https://www.czrlaw.com/38-6-million-verdict-found-for-newport-beach-fall-victim-by-carpenter-zuckerman-rowley/
Stephens, E. E. (2017). The Slip-and-Fall Slip-Up. American Bankruptcy Institute Journal , 36 (7), 22.
