Slip and fall is a growth industry, says one lawyer, and that makes it all the more important for claims adjusters to be at the top of their game.
“This is an industry that keeps booming,” says Michelle Dunbar, a lawyer and senior associate with Reisler Franklin. “The files keep coming. People that may have not turned their minds to suing, see the commercials on TV and think that they have a shot at getting some money.”
Dunbar, who will be one of the chairs for ‘Don’t Slip Up! Claims Handling Best Practices’ on behalf of Canadian Defence Lawyers in Toronto, Ont., next month, says that the timing of an investigation is crucial to ensuring that an accurate slip and fall claim can be made.
“From a lawyer’s perspective, in terms of slip and fall, the investigation is very important,” Dunbar told Insurance Business. “As soon as they’ve been provided notice that a claim is about to commence, we want to get photographs of the alleged fall; then they can’t change their information at a later date.”
Almost taking on the role of a ‘first responder,’ Dunbar encourages a first-on-the-scene response to ensure that witness statements are still fresh and accurate.
“Adjusters should get statements from any witnesses from the incident – and if possible, statements from the plaintiff – as soon as possible,” she says. “Sometimes I get a file – and this is just from my own personal experience – and there is no information available.
“As time goes on, things slip through the cracks. The earlier that the insured is approached with getting the documents, the better the chance you’ll actually have that accurate information. Because sometimes – later when we contact the insured directly, those documents are lost.” (continued.)
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“It is so very important to get those documents during the infancy of a file.”
Although many would argue that we haven’t had a true summer yet, winter is on its way; and adjusters should always be aware of any snow removal contracts that are in force for a business facing a claim, says Dunbar.
“Advising legal counsel if there is a snow removing contractor is important,” she says. “For example, if we are on (the case) for the owner of a property, and there is a snow removal contractor that has possible exposure, then the lawyer can amend their claim at the very beginning; versus sometime later when that information could be lost.”
