|
ISSUE: Jan/Feb 2008 
Customers At Risk
On-Site Accidents And Your Liability
By Alta Walters and Tom Litton
Self storage falls in a more complex legal environment than
many other businesses as the lien foreclosure process is
wrought
with pitfalls. However, we are generally presented with
all of the same liability issues as most other businesses when
it comes
to slip and fall accidents, customer injuries, and malfunctioning equipment.
The areas of exposure most likely to produce accidents or claims in our industry is equipment with moving parts that can fail, malfunction, or deteriorate. Highly visible signage regarding the safe operation of equipment can reduce your liability risk.
Elevators And Lifts
In most cases, the states mandate maintenance intervals and inspections for elevators and lifts. To limit exposure to liability, never attempt to service a lift or elevator yourself. Defer any repairs to licensed professionals. Make a routine daily operational check, take the device out of service if any problems are discovered, and document these inspections.
Golf Carts
Golf carts are actually quite powerful and can cause serious damage or injury, of which our industry has seen its fair share. The best way to prevent tenant injuries is to respect a golf cart as you would a car or truck. When the cart is parked, always turn the key off and place the vehicle in neutral. Keep the brakes in good working order and inspect golf carts weekly.
Gate Access Systems
Gates can create serious injuries if they are taken for granted. Horizontal sliding gates often weigh as much as 1,000 pounds and are driven by powerful gears and motors. Gates have been known to amputate fingers and toes, break arms, and damage vehicles. Most gate problems are a result of improper inspection or maintenance and a lack of safety guards.
Safety devices such as guards, bumper switches, horns, lights, detector loops should be repaired immediately if inoperable. In addition, gate chains, wheels, and rollers should be lubricated monthly. If a repair is beyond your skill level, hire a licensed vendor to do the repair. Inspect the gate daily and document the inspection.
Roll-Up Doors
Most of our tenant injuries are
the result of roll-up door accidents. If a roll-up doors spring breaks,
the full weight of the door can fall on the user with great force. In most cases, the doors slip out of their
tracks or slide off the support bracket. A visual inspection can be performed when a tenant vacates a unit, using
a flashlight to inspect from inside
the unit with the door down. Also check bolts, nuts, support brackets, springs, axles, retaining clips, etc. For specific procedures, consult your
door vendor.
If an accident occurs, complete an incident report and take photos. Remove or repair the source of the accident, follow your company’s procedures, and don’t make comments or offer opinions regarding the accident. Make all repairs immediately and keep a file noting when repairs, maintenance, and inspections are performed. Documentation of your efforts to safely maintain your facility can mean the difference between winning and losing a lawsuit.
This column contains legal information that is generalized to illustrate legal principles and laws, but should not be substituted for the advice of your own attorney.
Alta Walters is an attorney based in Oakland, California, who has practiced self storage law since 1987.
Tom Litton is President of Lodi, California- based Litton Property Management,
Inc., and is a popular industry speaker.
|
