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Where the Sidewalk Ends… Thousands of employees, guests and tenants are
injured each year by a trip & fall
The most frequency cited cause is a defect in the walking surface
The owner or operator of the property has a duty to maintain the grounds in a reasonably safe condition
If they fail to do so, and the failure causes an injury to a resident or guest, this can result in a “premises liability” lawsuit
To win such a suit, the injured party must prove either that the defendant created the dangerous condition that led to the accident, or knew or should have known about the danger and failed to correct it after a reasonable period of time
Adapted from: www.newyorkcitypersonalinjury.com
Creating the Dangerous Condition
Leaving hoses or cords trailed across walkways Creating pits or holes as a result of irritation or landscaping Placing equipment in the walking path Doing anything to weaken or undermine a walking surface
- Cracking concrete by driving on it
- Weakening cement with harsh chemicals
- Excavating near sidewalks without shoring
It is important that, as employees, we do not create or contribute to unsafe conditions on walking surfaces by:
“Knew or Should Have Known”
Conducting formal site inspections on a regular basis Recognizing early signs of defect, decay, or wear Reporting these to management Making an action plan Ensuring follow-up and completion
It is also critical that we maintain an awareness of the state of our property and its walking surfaces by:
Some of the more common issues you might observe:
Common Occurrences
Uneven or broken sidewalks or surfacesUneven or pitted parking lots
Missing flooring Holes in grass related to irrigation
Depressions in grassSlick floors due to mopping
Depressions in Grass
Because people sometimes walk where there is no engineered surface, we have to mindful of the ‘unusual’ path. We have to put ourselves “in their shoes,” so to speak.
Although we cannot eliminate all risk of a trip/fall accident, there are some things we
can do to reduce the odds • Avoid planting trees near walkways• Consider re-pouring and re-routing sidewalks disrupted by tree roots• Install and maintain adequate lighting• Replace missing or broken irrigation equipment immediately• Notice landscape changes early & take steps before it becomes a ‘crisis’
Reducing the RiskReducing the Risk
• Fill in holes and depressions in the grass• Never leave a work area unattended• Pick up tools, cords, and hoses• If a hazard cannot be repaired in a timely
fashion, take steps to warn patrons
Duty to Warn
In the event that we can not immediately fix a problem, we have a duty to warn people of the potential hazard. This can be accomplished by:• Painting elevated surfaces• Placing signs warning of conditions• Etc.