Tips for Businesses to Prevent Personal Injury Claims

Many businesses, especially small businesses and family businesses, operate on slim profit margins. Any unforeseen setback — be it an economic downturn, a natural disaster, or a disruptive construction project — can cause serious economic damage. Another major setback that can cause both economic damage and injury to reputation is a personal injury lawsuit. Ours is a litigious society, and potential personal injury plaintiffs are often all too willing to file a lawsuit before attempting to work their issue out outside the legal process first. If you’re a business owner, our North Carolina personal injury defense attorneys can help you implement policies and procedures designed to avoid (or at least minimize the impact of) personal injury litigation.  

Maintain a Safe Physical Environment 

Premises liability claims are one of the most common sources of personal injury claims against brick-and-mortar businesses. This is an area of law that includes claims such as slips and falls, negligent security, swimming pool accidents, dog bites, improper maintenance, and toxic exposure, among others. Owners and occupiers of real property in North Carolina owe lawful visitors upon their property (including customers and business visitors) a reasonable duty of care to prevent injuries on their property. Generally, this means that property owners must take reasonable steps to correct potentially dangerous conditions and warn visitors of dangers that are not open and obvious.  

To minimize the risk of a personal injury claim based on premises liability, consider taking the following steps: 

• Inspect your premises on a regular basis, depending on the level of risk. Pay particularly close attention to conditions that could cause slips and falls, such as uneven flooring surfaces, hidden steps, recurring leaks that cause pooling water, and rickety stair railings. 
• Correct hazards promptly. If you discover a dangerous condition, do not assume that it’s probably fine — put up a warning sign and fix it as soon as possible.
• Ensure all areas are properly lit, particularly stairways, entries and exits, and parking lots. 
• Maintain compliance with state and local land use laws. For example, if you have a pool on your property, make sure that it is fenced in accordance with the requirements in your jurisdiction. 
• Keep visitors away from particularly dangerous locations on your property, such as kitchens, basements, mechanical rooms, and other locations where the risk of injury is elevated. 

If your business is located in an area with an elevated crime rate and there have been incidents in the vicinity, consider implementing enhanced security measures like cameras, security systems, and controlled access to fend off negligent security claims. 

Hire and Train Your Employees Properly

A hallmark of American personal injury law is vicarious liability — i.e., the legal doctrine that employers are generally liable for the acts or omissions of their employees. While there are several exceptions to this rule (such as in the case of intentional torts), employee negligence typically is imputed to the employer if it occurs within the scope of the employee’s duties. You can minimize the risk of your employees exposing you to personal injury liability by implementing rigorous hiring and training practices. Some steps you can take include conducting background checks, training employees on how to handle uncomfortable or potentially dangerous situations, and providing employees with a thorough safety handbook. Speak to one of our North Carolina personal injury defense attorneys for more strategies for minimizing employee-triggered personal injury suits. 

Limit Your Liability Through Contracts 

Liability waivers are one of the most effective instruments in any business’ toolbox to prevent personal injury claims. Also known as “releases” and “hold harmless” agreements, liability waivers are contracts that require those who sign them (usually a business’ customers) to agree not to sue the business in the event that they are injured on the premises or in the course of the business’ activities. Liability waivers generally are enforceable so long as they comport with the following requirements: 

• They are unambiguous 
• They define the risks inherent in the activity at issue 
• They state that the signer assumes all risk
• The exculpatory language is bold and conspicuous 
• They are not against the public interest 
• They are entered into voluntarily

Keep in mind, however, that although North Carolina courts generally enforce liability waivers, they construe them strictly and resolve ambiguity in favor of the party against whom enforcement is sought. They are also not enforceable against minors. If you’re considering incorporating a liability waiver into your business activities, you should consider speaking to a North Carolina personal injury defense attorney to ensure that you cover the right bases. 

Implement Quality Control Measures 

While less common than premises liability claims, products liability claims also represent a great risk for businesses, especially those engaged in the manufacturing and sale of physical goods to the public. Products liability claims can be based on one or more of the following types of defects: (1) design defects, in which the product is inherently flawed; (2) manufacturing defects, in which a specific product suffered a defect during the manufacturing process, and (3) marketing defects, in which the manufacturer failed to warn consumers about the product’s inherent risk. Implementing rigorous quality control measures can help to guard against the second type of products liability claim — manufacturing defects. 

Follow Industry Standards and Practices 

Some personal injury claims — particularly negligence claims, such as medical malpractice — are based on arguments that the defendant’s behavior fell below the established standard of care in a particular industry. You can counter such claims by staying abreast of the latest industry standards and implementing them into your practices. If your profession has continuing education requirements, make sure that you follow them and are able to document your compliance. 

Reduce Your Risk With Help From a North Carolina Personal Injury Defense Attorney 

While it is impossible to prevent all personal injury claims, you can significantly minimize your risk by incorporating personal injury risk management into your overall business strategy. For more information about avoiding personal injury lawsuits, please contact a North Carolina personal injury defense attorney at Harris, Creech, Ward & Blackerby by calling 252-638-6666 or using our online contact form.