Facility Forum - Winter 2017 - 25

The applicable sections of this Act read
as follows:
"3. (1) An occupier of premises owes
a duty to take such care as in all the
circumstances of the case is reasonable
to see that persons entering on the premises, and the property brought on the
premises by those persons are reasonably safe while on the premises.
3. (2) The duty of care provided for
in subsection (1) applies whether the
danger is caused by the condition of the
premises or by an activity carried on
the premises."
Our investigation determined that
the floor area is regularly inspected and
cleaned. One of the staff members confirmed that the floor had been cleaned
about 15 minutes before the incident
took place. She also had placed wet floor
signs at the entrance and near the showers. They use a cleaning solution that is
mixed with water to help disinfect the
floor surface. They let it sit there for a
short period of time and then it is rinsed
away. The facility had two females on
staff that night and they had both conducted inspections of the change room
area during their shifts.
An expert further investigated the
ceramic flooring. We wanted to confirm
whether the flooring was considered too
slippery by conducting slip tests. We
also wanted to confirm that the excess
water ran towards the floor drain. The
"slip index" of the flooring was found
to be within the acceptable standards
when wet and also when dry. The expert
opined that "the ceramic tile flooring was
reasonable for the floor surface under
expected use conditions." No issues were
found with the floor drainage.

The main strength in our liability
defence is that the floors were not considered "slippery" during normal use
and that a staff member had cleaned the
floor just prior to the incident. It is also
good that wet floor signs were placed
at the entrance to the dressing room
and inside the room. The municipality
does not use mats in the change room
because they can move around easily
when wet and can also be a tripping
hazard if curled up.
However, the issue here is that the
staff members were not documenting the
inspection or maintenance procedures.

Outcome
If this matter goes to trial, the Court
will look at documentation from the
municipality as proof that they kept the
dressing room in a reasonable state of
repair at the time of this slip and fall
incident. It will be difficult for the municipality to escape liability because they
did not document these inspection and
maintenance duties.
Therefore, the municipality will likely
be found responsible for the damages
claimed by the injured person. We will
argue that the claimant had been negligent as well for not being more careful
and not paying heed to the wet floor
signs nearby.

Conclusion
It is important that your municipal
staff follow their policies and procedures and document their inspection
and maintenance activities. This will
help solidify our defence against claims
being made. This is explained in our
article: Risk Management Considerations

for Documentation that is found in our
Risk Management Centre of Excellence
on-line portal:
"No one likes to do the paperwork.
Perhaps that is because employees
don't fully understand why they should.
After all, they completed the procedure
so why do they have to record what
they just did? The answer may be to
fully explain to employees the reasons
behind the paperwork and the significance of how the documents can help
down the road."
For one thing, documentation is evidence that the organization is committed
to protecting public safety and meeting
its duty of care. It provides evidence that:
1. Standardized policies or procedures
exist and were followed.
2. Regular inspections were conducted and necessary maintenance
performed.
Secondly, employees may not be able
to remember exactly what they did on a
particular day a year or more in the past.
Over time memories fade and employees
leave. Written records are always there.
Incidents are a fact of life. They are
unfortunate, but they do not necessarily
mean that the entity is negligent or liable
for the damages. Each and every incident must be assessed on its own merits.
Documentation is a crucial element in the
assessment. Providing completed documentation in a timely manner ensures
that your defence counsel can prove that
you met the required standard of care."
There is no guarantee that proper documentation will prevent claims being
made against the organization, but it will
help in denying them, and if necessary,
defending them.
■

Trusted by the Pros
905-795-8924
pronets@on.aibn.com

www.pronetsports.ca

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Table of Contents for the Digital Edition of Facility Forum - Winter 2017

Technically Speaking
Celebrating Canada 150: City of Pickering Youth Forum, Student Mural
Safe Ice Resurfacer Operations Online
ORFA Professional Designations
Non-Traditional Ways to Commemorate
Slip and Fall in a Municipal Pool Change Room
ORFA Regional Training
A Case for Key Safety
Energy Champion – “Dealing with your Inheritance”
Recreation Facilities Asset Management (RFAM)
Social Media in 2017: How to Adapt to the Digital (and Visual) Age
ORFA Social Media Promo
Are Ontario’s Ice Rinks Safe?
Ice Arena Registered Refrigeration Plant Safety Bulletin
Ergonomics in the Recreation Facility Management Environment
Member Profile – Sheree Brame, Supervising Instructor Guard, Norfolk County Community Services
Do You Have “Subjective or Objective Vertigo” from the New MOL Height Regulation?
Index of Advertisers
Facility Forum - Winter 2017 - Intro
Facility Forum - Winter 2017 - cover1
Facility Forum - Winter 2017 - cover2
Facility Forum - Winter 2017 - 3
Facility Forum - Winter 2017 - 4
Facility Forum - Winter 2017 - 5
Facility Forum - Winter 2017 - 6
Facility Forum - Winter 2017 - 7
Facility Forum - Winter 2017 - 8
Facility Forum - Winter 2017 - Technically Speaking
Facility Forum - Winter 2017 - 10
Facility Forum - Winter 2017 - 11
Facility Forum - Winter 2017 - Celebrating Canada 150: City of Pickering Youth Forum, Student Mural
Facility Forum - Winter 2017 - 13
Facility Forum - Winter 2017 - 14
Facility Forum - Winter 2017 - 15
Facility Forum - Winter 2017 - Safe Ice Resurfacer Operations Online
Facility Forum - Winter 2017 - 17
Facility Forum - Winter 2017 - ORFA Professional Designations
Facility Forum - Winter 2017 - Non-Traditional Ways to Commemorate
Facility Forum - Winter 2017 - 20
Facility Forum - Winter 2017 - 21
Facility Forum - Winter 2017 - 22
Facility Forum - Winter 2017 - Slip and Fall in a Municipal Pool Change Room
Facility Forum - Winter 2017 - 24
Facility Forum - Winter 2017 - 25
Facility Forum - Winter 2017 - ORFA Regional Training
Facility Forum - Winter 2017 - A Case for Key Safety
Facility Forum - Winter 2017 - 28
Facility Forum - Winter 2017 - Energy Champion – “Dealing with your Inheritance”
Facility Forum - Winter 2017 - 30
Facility Forum - Winter 2017 - 31
Facility Forum - Winter 2017 - Recreation Facilities Asset Management (RFAM)
Facility Forum - Winter 2017 - Social Media in 2017: How to Adapt to the Digital (and Visual) Age
Facility Forum - Winter 2017 - ORFA Social Media Promo
Facility Forum - Winter 2017 - 35
Facility Forum - Winter 2017 - Are Ontario’s Ice Rinks Safe?
Facility Forum - Winter 2017 - 37
Facility Forum - Winter 2017 - Ice Arena Registered Refrigeration Plant Safety Bulletin
Facility Forum - Winter 2017 - 39
Facility Forum - Winter 2017 - Ergonomics in the Recreation Facility Management Environment
Facility Forum - Winter 2017 - 41
Facility Forum - Winter 2017 - Member Profile – Sheree Brame, Supervising Instructor Guard, Norfolk County Community Services
Facility Forum - Winter 2017 - 43
Facility Forum - Winter 2017 - Do You Have “Subjective or Objective Vertigo” from the New MOL Height Regulation?
Facility Forum - Winter 2017 - 45
Facility Forum - Winter 2017 - Index of Advertisers
Facility Forum - Winter 2017 - cover3
Facility Forum - Winter 2017 - cover4
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