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Loss Prevention measures can reduce the occurrence of negative incidents and protect you and your business from claims that arise even when you have done everything within reason to prevent them.
Prevention hinges on the business owner’s commitment to safety and making it the cornerstone of the business by: • Selecting products from providers who have demonstrated they have taken all reasonable steps to insure the safety of their products, subscribing to all applicable safety standards and best practices • Complying with manufacturer’s specifications for the product or component being used • Insuring employees and customers receive appropriate written instructions relating to their jobs or use of the products • Demanding professional setup and take down of rental units, many of the more serious claims involve improper setup • Using rental contracts and waiver of liability forms that place assumption of liability where it belongs. (Each party should be responsible for their actions or lack thereof.) • Maintaining disciplined quality control over the things you are responsible for and documenting that process. Keeping all documents for the period determined by the statute of limitations (for bodily injury claims) in the states where you operate or your products are used • Taking reasonable steps to insure that parties assuming or accepting liability for their role have the financial capability of responding if necessary • Knowing the standards for the industry, in addition to standards published by ASTM International as Designation F 2374 – 04, adhering to any applicable state standards that have been developed for your area of operation Maintaining well-organized documents relating to each and every rental or sale, as well as all maintenance and inspection records is one of your strongest defenses against claims and suits for injury and damages. The following documents are intended to assist you in your loss prevention efforts:
The inclusion of these sample forms are intended for informational purposes and are not intended to offer any legal advice. You should consult your attorney for any legal advice.
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Notice of Incident or Claim
