We have all seen the commercial, and most likely repeated the phrase, I’ve fallen and I can’t get up!” in a mock emulation of the TV spot. Of course when we exclaim that expression we say it in jest, and not by any means attempting to diminish the value and importance of the product that it represents, as it has saved the lives of many an elderly person (that is my hold harmless disclosure of the day).

With January and February being two of the coldest months here in the Northeast, typically there are more outdoor slip and fall accidents (and claims) than any other time of the year. Along with those slip and falls, many are accompanied by claims against the owner of the building, tenant of the premises, snow plow driver who cleared the lot, maintenance person who shoveled the walk and anyone else who may have had the unfortunate experience of touching anything having to do with the location where the fall occurred.

Although most people that encounter a slip and fall accident are thoroughly embarrassed by the experience and get up quickly, all the while gazing around hoping that no one saw them fall, and then quickly flee the scene, many immediately believe that they have hit a jackpot and lay there withering in pain, screaming for someone to call 9-1- 1…and their attorney.

The National Safety Council indicates that 25,000 slip and fall accidents occur daily in the United States, and that most go unreported, and if no real damage is done there is usually no claim made. It also states that 60% of all falls are experienced by women and 55% of those falls occur on walking surfaces.

From those claims the average cost of a slip and fall accident was $22,802 in 2003 and 2004, and is the second costliest type of accident behind motor vehicle accidents. According to an article published by The Atlanta Insurance Claims Resource, “…a surface becomes slippery when the traction between two objects is lost. Traction is the factor that affects the walking surface. If the surface is smooth and the bottom of the shoe is smooth, traction is lost. The surface must have enough traction or coefficient of friction to resist lateral motion and prevent the feet from flying out to the side. Friction can be thought of as the interlocking of two surfaces in contact, such as a walkway and a shoe.

When we try to pull the shoe’s surface across the surface of the walkway, the force needed to start the movement of walking will depend on the force pressing them together and how well the two surfaces interlock. Coefficient of friction is the ratio of the load to the force required to move an object. No surface has its own coefficient of friction. Friction is a function of the interaction between two surfaces— the surface of the walkway and the surface of the bottom of the shoe. The term “slip resistance” is often used instead of the term “coefficient of friction.” Slip resistance is used by writers in standards for slips-trips and falls incidents.”

A “trip”, on the other hand, is something different than a “slip”, although the resulting injuries and claims made are typically of the same magnitude. In a piece written and published by the University of Wisconsin in Milwaukee, “A trip occurs when a person’s foot contacts an object in their way or drops to a lower level unexpectedly, causing them to be thrown off-balance. A trip most often results in a person falling forward, while a slip most often results in the person falling backward. A “fall” occurs when you are too far off-balance. There are many situations that may cause slips, trips, and falls, such as ice, wet spots, grease, polished floors, loose flooring or carpeting, uneven walking surfaces, clutter, electrical cords, open desk drawers and filing cabinets. Loose, irregular surfaces such as gravel, shifting floor tiles, and uneven sidewalks, can make it difficult to maintain your footing. Most slip, trip and fall incidents are preventable with general precautions and safety measures. Injuries from falls may be caused by a variety of sources. Many of these sources, like curbs, flaws in parking lots and uneven lawns, are not of significant height, but have the potential to cause significant injuries. The best way to prevent injuries such as these is to be aware of where you are going and pay attention to your walking surface.”

As insurance agents and risk managers, it is recommended by many to suggest to your clients ways to minimize the potential of slip and/or trip and falls both in the workplace and in the home. Some suggestions include:

• Identifying spills and wet areas and cleaning them immediately;

• Thoroughly remove snow and ice on walkways;

• Remove debris from floors and maintain them in good condition;

• Remove obstacles from walkways and keep them free of clutter;

• Firmly secure mats, rugs and carpets that may pose a hazard;

• Keep file cabinet or storage drawers tightly closed;

• Cover cables that cross walk areas, and identify them as a hazard;

• Keep all walkways/work areas well lit;

• Replace faulty switches and old light bulbs;

• Ensuring that carrying items do not prevent you from seeing any potential hazards;

• Wearing proper footwear commensurate to what it is that you are doing;

• Watch where you are going and pick up after one another.

Lastly, use good common sense. I remember those days when my Mother would say to me, “Get that out of the way before someone gets hurt!” Well, she was probably right, so be a Mom as it’s easier to warn than it is to settle a claim.

Many times I get calls and emails from agents and non-agents, asking me to do some research and find out if certain incidents or events are may or may not be covered by a certain coverage or policy. Being in this business for over 30 years, and a licensed agent myself, sometimes I am able to answer the question correctly, but most of the time I need to solicit the help of many of you.

Recently a question was posed to me about whether or not there would be coverage for damage that may occur to the first floor of a home, where the homeowner’s above ground pool collapsed in their backyard and the ensuing 20,000 gallons of water entered the home causing extensive water damage. Well, the reason that I am sharing this challenge as opposed to the other questions that I receive is that this one has stumped many an agent and underwriter with whom I have asked. However, my friend, client, and fellow PIA of NY committee member John Tomassi of The Winfield Group in NY researched this for me, and I thought that instead of notifying all of you who didn’t know the answer, I would share it in this column in the event that others may not be aware as well.

John said that “Homeowners won’t cover the resulting water damage as it is considered surface water. Flood insurance won’t cover it as it doesn’t fall under the definition of a flood.”

Flood—

• A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the policyholder’s property) from:

—Overflow of inland or tidal waters;

—Unusual and rapid accumulation or runoff of surface waters from any source; or

—Mudflow; or

• Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above.

Thank you, John, and to the person who originally asked me this question (you know who you are!), looks like your client needs a retaining wall!

Hopefully by the time this column goes to print, we will be talking about pitchers and catchers reporting to spring training, will A-Rod sit out the entire season, who won the Super Bowl, and who looks good for the Stanley Cup (in half a season of play). In this thing of ours, a couple of insurance conventions are just around the corner as well that we will chat about live and in color within this column, so until then, watch your step and “Ciao for now!”

I’ve Fallen and I Won’t Get Up…and I’m Suing!

Michael Loguercio