Ice - Signage - liability

[TurboJet]

Been operating my 7 bay SS for 25 years. Open 24/7, and where I’m located bays are all open but we get overnight freezes every now and then. No heated bays or apron. Never had a claim for someone slipping and falling.

Well. Just got one. Early in the morning a guy just walked out of the bay to get tokens and slipped on some ice. Landed on his hip. Have it on video. He got up, looked a little shaken and walked it off for a bit then drove off. He called the next day. Wants $$ for lost wages and physio.

I have liability insurance. I have myself on video salting the lot the evening before. Also have signage in each bay saying “Caution. Slippery during freezing conditions. Use at your own risk “

Trying to figure out where I stand on this. Let insurance company deal with this? Tell him we have signage about risk. We are sorry. We salted. Can only do so much ? Do I need better stronger language signage going forward?

When is this liability line crossed? Experiences / suggestions? Thanks.

 

[MEP001]

I say let your insurance deal with it. That's what you pay them for. Hopefully they can and will show that there was no negligence on your part.

People have become so litigious that we just blow out the lines and shut off the power when an extended freeze is forecast.

 

[TurboJet]

Thanks for reply. Don’t get extended freezes here or very short. When they brine or salt and it’s above freezing during the day especially, I’m lined up all day and full until midnight.

I really do not want to shut down at all. I’m thinking of getting a large sign for the driveway with a disclaimer vetted by a lawyer and even the insurance company. I know you can’t stop somebody from litigating, but with proper signage maybe mitigate some of the risk. You’d think people have to bear some responsibility. Anyone have some signage wording that you’d feel is sufficient and used in your wash?

 

[MEP001]

IMO your signage is sufficient. We don't get much business when it's cold so closing when a freeze is imminent isn't a big deal. People will try to wash with weep water and just ice over more of the bay anyway.

In case you're in a one-party consent state, if you apologize to the person over the phone make sure you keep the apology vague, like "I'm sorry that you fell" or "I'm sorry you got hurt" and don't say anything that could possibly indicate where or how it happened.

 

[Randy]

Been there and done that a couple of times. Whatever you do DON'T talk the guy again. All you have to say to him is you'll be turning it over to your insurance company. I know it's kind of a heartless way of doing things but in this day and age that's kind of the way it is. Be sure to save the video of you spreading rock salt on the lot. You probably won't hear back from the guy.
A couple of years ago I was sweeping up the lot and there were bloody compresses and gauze pads laying in front of one of the bays. A short time later a fireman stopped by and told me that they took a guy to the hospital from the car wash last night after he slipped and fell on a icy spot. Split his head open like an egg and broke his hip. I never heard another word about it. I was sweating marbles on that for a long time. That was when I decided I needed cameras.
We keep a salt log now, date and time we spread salt on the lot when it freezing.

 

[traveler17]

Been operating my 7 bay SS for 25 years. Open 24/7, and where I’m located bays are all open but we get overnight freezes every now and then. No heated bays or apron. Never had a claim for someone slipping and falling.

Well. Just got one. Early in the morning a guy just walked out of the bay to get tokens and slipped on some ice. Landed on his hip. Have it on video. He got up, looked a little shaken and walked it off for a bit then drove off. He called the next day. Wants $$ for lost wages and physio.

I have liability insurance. I have myself on video salting the lot the evening before. Also have signage in each bay saying “Caution. Slippery during freezing conditions. Use at your own risk “

Trying to figure out where I stand on this. Let insurance company deal with this? Tell him we have signage about risk. We are sorry. We salted. Can only do so much ? Do I need better stronger language signage going forward?

When is this liability line crossed? Experiences / suggestions? Thanks.

Ya got me paranoid now, like you we have overnight freezes now and then. Did you have your signs made? Can’t find the Caution signs that say “use at your own risk”

 

[Blanco]

.

Have it on video.

Delete the video.

 

[Randy]

Ya got me paranoid now, like you we have overnight freezes now and then. Did you have your signs made? Can’t find the Caution signs that say “use at your own risk”

I mix a bag of calcium chloride with a bag of water softener salt and spread it on the lot. We keep a log of when we put down salt and the temperature. We use these signs in our bays and on the front of the building. https://www.kleen-ritecorp.com/p-13...lippery-conditions-sign-16-inch-x-9-inch.aspx

 

[Earl Weiss]

The only thing you should say to the guy is when you receive formal written notice of claim you will turn it over to your insurance company which you must do if such claim is received.

 

[MEP001]

Can’t find the Caution signs that say “use at your own risk”

Signs are getting really cheap to make. I got tow-away zone signs printed on powder-coated steel for $36 each for a local sign maker. They make them a lot cheaper printed on polystyrene.

 

[TurboJet]

The signs I have were custom made with that disclaimer. After reading the comments, I’m thinking not only is ice an issue, but I’ve had guys clean things like greasy restaurant equipment over the years so even in the summer the bays can get slippery from not only freezing conditions.

Thinking of this.“CAUTION / Slippery Conditions / Use at your own risk / We accept no liability”. Bigger sign upon entry than again in each bay. I hate to be negative but unfortunately people want to sue and most are not bright sometimes.It will be freezing and they’ll be wearing shorts and flip flops and sliding around.

I have spoken to my insurance adjuster. As suggested here, he told me to have no additional communication with this person. Said we do not want to trigger a claim by contacting him unnecessarily. So far he has not called back. Adjuster asked if I kept a salting log. I do not have one, but will now. Some of you here are doing that. A good practice. He also asked I retain the video of not only the fall, but also of me salting the night before and the night before that.

See if this guy calls back.