There are two main types of potential lawsuits which threaten dental practices. One concerns professional malpractice, while the other involves what is known as premises liability. The latter includes incidents that occur on the physical property or premises of the dental practice itself, such as the office and parking lot.
A subset of premises liability lawsuits cover slip-and-fall accidents. Protecting your Kentucky dental practice from this type of litigation is important since victims may seek substantial damages to pay for their injuries. Mahan Dental Law offers practice advice on how to avoid or minimize the costly impact of these claims.
Understand the Risks
Before you can begin to tackle the various slip-and-fall hazards on your business property, you have to know what they are. Common causes of these accidents include:
- Slick and wet floor surfaces
- Uneven flooring and other surfaces
- Bunched up or loose carpeting and floor mats
- Uneven sidewalk slabs
- Broken steps
- Parking lot potholes
- Icy or wet sidewalks and parking lots
- Clutter and obstructed pathways
- Wiring and cables
- Poor lighting
Perform a simple safety assessment by walking your premises and making note of the problem areas. It’s a good idea to have someone in your office do this at the beginning or end of each business day and throughout the day as well.
Immediately Remedy or Warn About Problems
If you notice there is a problem like a wet floor surface that can be fixed right away, do not hesitate to do it. Assuming that you will have time later to address the issue is risky because a patient or visitor could get injured in the meantime. Clean the floor, remove the clutter, and fix the floor mats.
Of course, there may be problems like icy surfaces or uneven sidewalk slabs that cannot be immediately fixed. Kentucky law requires a dental practice to either keep its property reasonably safe or to warn patients and others of dangers on the premises. Put up notices and rope off the hazardous area right away to prevent accidents.
Document Your Work
Next, document the steps you have taken both to identify and remove hazardous conditions and to correct problems (such as wet surfaces) as they arise throughout the day. If you have noticed unsafe clutter or wiring, take a picture before and after the area is cleaned up. If you have just installed new lighting in your parking lot, do the same and keep records related to the work that was done.
If during the day something like a spill occurs, have the person who cleans it up fill out a simple form documenting the details of what was done. Your employees who perform daily safety inspections should also make notes of their work. Steps like these create a paper trail that shows you are mindful of your duties as a business owner.
Install Surveillance Cameras
There may come a day when a patient or visitor claims they slipped and fell at your dental practice because you allowed an unsafe condition on the property. However, this may not be true. How can you as the business owner prove what really happened?
Installing surveillance cameras in and around your premises is a good start. Not only can these cameras protect your property from crimes and other incidents, they can help you determine whether a patient’s or visitor’s allegations about unsafe conditions are true. Work with a security company to install cameras and make sure they are properly maintained.
Obtain Appropriate Premises Liability Insurance
This may be the single most important step you take, since premises liability insurance can shield your practice from substantial financial losses through a court judgment. Premises liability coverage in Kentucky is fairly inexpensive and offers significant protection that no dental practice can afford to go without. Talk to an insurance representative about the appropriate amount of coverage, make sure you understand the details of the policy, and keep your policy active by paying your premiums and abiding by all requirements.
Experienced Legal Counsel for Your Kentucky Practice
In the event you find your dental practice named as a defendant in a slip-and-fall lawsuit, Mahan Dental Law is here to assist you. Not only do we offer comprehensive litigation services, including representing clients during mediation, we can perform a risk assessment to identify and remedy any legal issues with your practice. Give us a call or complete our contact form today to learn more.
