For a business to be held liable for an accident, its employees
must have either known about the hazard or reasonably be expected
to have known about it and failed either to remove it or to warn
people. Accordingly, con artists usually either find an existing
hazard or wait awhile after creating one. That means careful
attention on your part greatly reduces your chances of being hit by
a scam (as well as reducing the chance of real accidents).
Regularly check your premises for potential dangers, and
eliminate them immediately. These include improperly stacked
displays, leaks from coolers, debris on the floor, oil spills in
the parking lot, ice on the sidewalk, poorly cleaned spills, and
loose carpets, floor mats or weatherstripping.
Train employees to display "Wet Floor" signs every
time they mop.
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Keep a chart of when you clean public restrooms. That
way, you have a defense if someone claims there was a spill on the
floor for hours.
Train employees to watch for suspicious behavior.
It's not easy to recognize a professional hustler, but you
might catch an amateur and avoid paying a claim.
If someone falls or gets hurt on your property, be
sympathetic. "These are your customers," says Jon
Hoch of the NICB in Palos Hills, Illinois. "They're
innocent until proved guilty. The worst thing you can do is say
'You're not hurt.' Maybe they are."
Have one employee help the customer, while another takes
pictures of the scene for later use. (Keep a single-use camera
handy.) Explain that you want to do everything possible to
help.
Call an ambulance and the police, who will press the customer
for identification.
Ask other customers if they saw what happened; get their
names and phone numbers. Beware of a witness who seems too
eager to help, though; con artists often bring their own
"witnesses."
If you're suspicious, mention it to your insurance
adjuster. Also call the NICB at (800) TEL-NICB. The adjuster
can investigate, decide if the claim is fraudulent, and perhaps
save your business a bundle.
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