This presentation seeks to propose possible and appropriate actions in regards to business environment.
Background
Clean-n-shine is cleaning company headquartered in a commercial space in local shopping center
The enterprise is open to the public and will be conducting transaction such as selling cleaning products, completing contracts for cleaning services, and meeting existing and new clients
The shopping centre is public space with heavy traffic of customers
Andrea Hill Featured in Canadian Lawyer as SkyLaw Recognized as a Top Boutique
Negligence Risks Liabilities In Clean Public Business Facility
1. Negligence Risks/ Liabilities In Clean Public
Business Facility
Student’s Name
Institutional Affiliation
Date of Submission
2. Introduction
This presentation seeks to propose possible and appropriate actions in regards to business environment.
Background
Clean-n-shine is cleaning company headquartered in a commercial space in local shopping center
The enterprise is open to the public and will be conducting transaction such as selling cleaning products, completing contracts
for cleaning services, and meeting existing and new clients
The shopping centre is public space with heavy traffic of customers
The presentation will focus on:
Identifying potential negligence risk/ liabilities
Proposing solution for the negligence risks/ liabilities
4. Risk and Liabilities
Negligence Risk Situation 1: Slips and fall accident
If an employee of customer slips and fall within the clean-n-shine premises or while attempting to access their store, the
company is liable for the injury suffered by the plaintiff.
The injuries cased by the slip and fall could result from
Wet and oily floor
Improper fixing of tiles, rugs and carpets
Defective staircase due to missing hand railing or loose staircase tiles.
In case of the personal injury the plaintiff could file a civil lawsuit against clean company on the basis of tort of
negligence under the premise liability
The plaintiff must prove that clean company was negligent in their responsibility toward the property maintenance and
ownership
Clean company have a duty and responsibility under the premises liability to ensure the safety of employees and customers
who access their property ("What is Premises Liability?", 2021).
5. Risk and Liabilities
Negligence Risk Situation 2: Hazardous Material Safety
The company uses cleaning solvent made up of different chemical components.
The chemicals have special instructions that guide usage, cleanup and disposal and storage.
If employees are ignorant on ignorant of the dangers posed by the chemical then it may result to various dangers
Various risk associated with the chemical compounds include
Possible combustion
Toxic fumes
Bleaching of carcinogenic effect
Reaction to different environmental conditions
Employees and customers can suffer various injuries associated with ignorance in handling such chemical.
The company has duty for the safety of persons within the premises.
Therefore, breaching that duty and causing personal injuries could result to possible litigation on negligence under the
unintentional tort ("Elements of a Negligence Case - FindLaw", 2021)
6. Risk and Liabilities
Negligence Risk Situation 3: Inadequate Building Security
Clean-n-Shine company actions could result could result loss of goods belonging other building users
through burglary.
For instance failure to lock the premises that result to theft of goods other stores could result to litigation
of negligence("Negligence", 2021).
Clean-n-Shine have a responsibility of care to other premises users and have role to play in the security of
the building
The companies employees could also impose legal liability to the company; for instance, any action of Clean
company employee that allow criminals to access the building and commit a crime.
The company is also responsible for the its clients personal information; therefore any physical or cyber
bleach of security could result to civil litigation under the invasion of privacy and negligence(Pumphrey,
2021).
Loss of personal data could result to identity theft.
8. Policies and Procedures
Policy/Procedure for Negligence Risk Situation 1: Use of Caution Signs and
Conducting walkabouts.
Employees and customers should be aware of the possible slip risk that exist
Caution tapes are necessary to block limited areas
The company should ensure sufficient lighting for employees and customers to recognize
potential risks easily
Employees should also conduct walk-about before beginning any to ensure that the facility is
safe.
The walks about should ensure that the floor and flooring such as carpets and tiles do not
pose any threat to its users
The company should also inspect the sales floor to ensure the product are intact preventing
any possible fall.
9. Policies and Procedures
Policy/Procedure for Negligence Risk Situation 2: Employees Training
There is need for employee training on various issues such as:
Proper use of product
Importance of protective personal equipment (PPE) when handling chemicals
Risk assessment
Handling of new product before use
The company should take the responsibility of providing safety gear to clients during presentations.
10. Policies and Procedures
Policy/Procedure for Negligence Risk Situation 3: Security
To ensure security of the premises and company’s data clean-n-clean should:
Hire security guard
Installing CCTV
Ensures employee adhere to the company’s code of conduct
The company should invest in modern information system to guarantee the safety of
customers private data
The company should also training employees on proper handling of customer private
information to reduce any risk of security bleach
11. Conclusion
Clean-n-Shine company owners faces various risks of litigation under the tort law
The presentation focused on tort of negligence
Running a cleaning business expose the employees and clients to various risks of physical injuries
Whether the risks of accidental or negligent there is need to train employees and customers on prosper handling of various
chemical to minimize the risks
However, occurrence of an accident in the premises or store does not imply that the company is liable. The plaintiff need
prove a case of negligence of the basis of the various elements of negligence.
Duty
Breach of Duty
Cause of fact
Proximity cause
Damages
12. References
Elements of a Negligence Case - FindLaw. (2021). Retrieved 9 April 2021, from https://www.findlaw.com/injury/accident-
injury-law/elements-of-a-negligence-case.html
Negligence. (2021). Retrieved 9 April 2021, from https://www.law.cornell.edu/wex/negligence
Pumphrey, C. (2021). When Can You Sue for Identity Theft?. Retrieved 9 April 2021, from
https://blogs.findlaw.com/injured/2018/03/when-can-you-sue-for-identity-theft.html
What is Premises Liability?. (2021). Retrieved 9 April 2021, from https://www.nolo.com/legal-encyclopedia/what-premises-
liability.html
Editor's Notes
A slip and fall of a customer or an employee could result in personal injuries. A customer may slip and fall within the store or as she/ he attempts to access the Clean company. The injured customer or employee may file a civil lawsuit based on the tort of negligence under the Premise liability. Under the premise liability, the property owner is responsible for any perianal injuries that may arise due to an unsafe or defective environment("What is Premises Liability?", 2021). However, the property owner is not automatically liable for the injuries caused; the plaintiff must prove that the injury resulted from the property owner negligence. There are four elements of negligence that the plaintiff will prove including duty, breach of duty, cause of fact , proximate cause and damages.
The safety in handling hazardous material is another risk and liability the company should consider. The cleaning solvents that there use may be environmental friendly however they contain chemical compounds that need one to follow the instruction during the application and disposal carefully. However, the ignorance of the employees and customers may result in different injuries. The company has a responsibility to ensure employees' safety, and any injury could result in a civil suit of negligence under the unintentional tort. Negligence: is an unintentional tort where the wrongdoer did not intend for the action resulting in their bodily harm("Negligence," 2021).
Clean-n- shine company should also consider the security of the building as a possible risk and liability. The company's actions and its employees can lead to theft of goods belonging to other building users. The company has a duty of care for other users and their goods, thus have a responsibility to guarantee to build security. Any action such as failure to lock the premises resulting from theft of other building users' goods could result in a civil lawsuit on negligence("Negligence," 2021). Cybercrime is also a significant threat the company should consider under security. The loss of clients' data could result in identity theft, and the company would face civil litigation on negligence and privacy invasion (Pumphrey, 2021).
Accidents are part of human life; however, there are preventable and can save the clean company expensive suits in terms of money and time. Providing caution is crucial in reducing the risk of potential slip and fall. The company should also provide enough lighting to ensure that the clients can notice potential threats quickly. Moreover, a walkabout is also necessary before employees could start their job. The process could identify possible threats in the sales floor, washroom, handrails, flooring that could harm an employee or customer.
Training employees on the proper handling of the chemical is the first step in preventing accidents. The company should train its employees on how to handle chemical accidental chemical spillage to prevent further damages. They should receive training on the risk involved in their duties. The training should occur immediately after hiring, followed by refresher courses annually and semi-annually.
Security of the premises is a priority for Clean company. It should Hire a security guard to control the flow of people and out of the premises. The guard would also detect possible theft and provide extra security when the building closes. Besides, through walkabouts, the company would detect possible intruder entry points. The company should also invest in modern technology such as CCTV and information systems to guarantee the premises' safety and customer’s private data.