The attached article was published in the Fall, 2018 edition of DRI In-House Quarterly and it was written by myself and my colleague, Maritza Rodriquez. We looked at premises liability case law across the country to determine if formal floor inspection policies were worth it – meaning are they helping retail and hospitality companies win summary judgment and prevent liability in fall cases. What we found is – YES – they are worth it.
We also found there is a slowly growing trend where plaintiff’s attorneys are trying to impose punitive damages on certain companies that do not have formal inspection policies, even though it is commonly known that food or liquid spills on the floor regularly. This is something we will continue to watch because it is very troublesome, to say the least.