Issue link: http://read.dmtmag.com/i/330408
24 | www.cedmag.com | Construction Equipment Distribution | June 2014 Play It Safe A dealership is undergoing extensive renovation of their property including resurfacing of their parking and equipment storage lots, and the company plans to stay open during construction. During the renovation, a customer inadvertently walks through a blocked off work area near the main entrance and trips on an uneven surface, falling forward. The customer hits his head on the steel and glass door before landing on the ground. The customer suffers a concussion, as well as a broken wrist and ribs from trying to break the fall. Emergency services are contacted and the customer spends a week in the hospital. Immediately follow- ing the accident, employees of the dealership clean up the area and place additional barricades around the work area until the repair is completed a few days later. A month after the accident, the dealership receives a letter regarding a lawsuit filed by a local attorney repre- senting the injured customer. The customer, who has not returned to work, will require ongoing surgery and medical evaluation due to injuries sustained from the fall. Eventually, with no evidence of any documented accident report or photos of the secured work area, the dealership settles with the customer for lost wages and medical expenses totaling over $800,000. The Internet and local media are filled with advertise- ments from personal injury attorneys waiting for their next opportunity. Regardless of whether the case is a customer filing a liability lawsuit or a customer with a workers' compensation claim, an accident can potentially result in inflated settlements on top of the injured party's economic loss or medical expenses. However, there are steps your dealership can take to help protect itself in this type of situation. By following documented accident investigation practices and preserving evidence, your dealership may be in a better position to defend itself from possible litigation and adverse legal outcomes. Accident Investigation Process The hypothetical situation above illustrates several missed opportunities by the dealership to gather useful informa- tion about the accident. It appeared that the customer had walked through a work area that was properly marked, therefore alerting the customer to potential dangers. Had the dealership recognized the possible liability or issues at hand, they could have documented the accident and spoken to any witnesses who observed it. Proper accident investigation should include the following steps: Develop a formal accident investigation process. This should include assigning investigation responsibilities to qualified managers and following a checklist each time an employee or other person is involved in an accident at the dealership. Ensure the safety of employees and others after the accident by securing the accident scene. Be sure any equipment is shut down and the area is well protected and marked off or barricaded until the investigation is completed. In cases of very serious accidents or fatalities, contact local, state, and federal authorities. This requirement should be documented in your accident investigation process. Gather the facts and evidence. Document the accident scene, making note of the position of materials or equip- ment involved, and identifying information that could verify what tools or parts were specifically involved. For all your observations, be certain to make your notations in an objec- tive manner without placing blame. Photos should be taken of the general scene from a number of different angles and of any equipment or conditions that you suspect were involved in causing the accident. Preserve any physical evidence that may have contrib- uted to the accident. This evidence is often discarded, He Came in For Parts, Now There's a Lot More to Fix Find Out What Happened Developing and executing a solid accident investigation process now could spare your company significant legal repercussions later. BY ERIC STILES